QUESTION
If my husband quits his job, will he have to stop paying spousal support too?
Asked on Apr 15th, 2013 on Divorce - Michigan
More details to this question:
My husband wants to quit his job so he doesn't have to pay me any more temporary spousal support in Michigan until our divorce is final in about 50 days. He says since he won't have any income he can't pay me. His 401K is tied up stating he is 55 when he is 53. He has stocks accounts that I would think are not considered retirement funds and are easily available as income.
4 ANSWERS
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Most courts would not allow that as an excuse to not pay support. As long as the order is in place, his obligation continues. Talk to an attorney to discuss this issue further and protect your rights.
Answered on Apr 17th, 2013 at 9:11 PM
Municipal Law Attorney serving Paw Paw, MI
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Mark A. Manning, P.C.
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If there is an existing spousal support in order a spouse cannot just "quit" making payments in accordance against the terms of the Order regardless if it is temporary. Spousal support is predicated upon need and ability to pay and he would have to file a motion with the Court to modify his spousal support obligation.
Answered on Apr 17th, 2013 at 8:30 PM
Theodora B. Fader
In Michigan, the court would likely not grant a reduction or termination of court-ordered spousal support to a payer who voluntarily quits employment. If there is a 401k or other source of funds to pay the support, you can typically collect the spousal support from those funds.
Answered on Apr 17th, 2013 at 8:11 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is clear that he is playing games, and that you need an attorney. Engage one now. If he voluntarily reduces his income it should have no effect on his child support obligation if your case is properly represented to the court.
Answered on Apr 17th, 2013 at 8:06 PM