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last leg of the divorce

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steve laginess

What is the name of your state? michigan

this is the last leg of the annullment. the only issue to be resolved is the alimony issue.

based on the following facts, i just wanted to get a feel for which way the court's decision in michigan may sway in regards to spousal support. the initial order set by the court mediator was that i pay temporary alimony. my spouse and i have been seperated for 17 months and she has now decided to pursue the divorce since obtaining a boyfriend (after sampling a few others according to my children) who she claims to be in love with. i have no problem with paying the child support and child care, but i am trying to have the alimony waived so as to be somewhat financially stable in my new life both as a parent and as an individual.

1. there is clear evidence that my spouse is living in a similar fashion, if not improved standard of living to that which existed prior to the breakdown. she has purchased a more expensive car, moved out of the marital mobile home and purchased a new home with equity in a new county in the state. i am covering weekly child support and child care payments which has never been in arrears.

2. my spouse is gainfully employed

3. my spouse's employability is still intact. no health issues. no chance of lay-off.

4. spouse was left with everything which would certainly be sufficient to maintain a household in the best interest of the minor child.

5. spouse's reason for wanting to receive alimony for the next three years in her own words, and as stated in the presence of her and my attorneys is, "times are tough, and things are a little tight right now".

6. i am, and have been living with my parents for 17 months and cannot afford to pursue a residence for myself and my 9 year old daughter since surrendering a third of my take home pay to my spouse each week. i am 47 years old.



Here's some websites you might try...

www.divorcehq.com has very comprehensive info but is not state specific. www.divorcesource.com and www.divorcenet.com offer state specific divorce laws. www.dadsdivorce.com offers divorce, also state specific, offers advice targeted towards a father's interest.

Document everything you can about her "current" standard of living (ie, new car purchase, new home purchase). Seems her standard of living has improved, not declined, as happens with many women when a couple divorces. And if she "cohabits" (though I have no idea how you'd prove that without getting your daughter involved - perhaps neighbors???), most states have a "No Cohabitation" provision in determining eligibility to receive alimony.

You've apparently done your homework already, now you need to convince a judge that continuing alimony payments is unnecessary. I don't know how easy or hard that is to though. Perhaps the lawyers who post regularly would field this question.

Good luck and hugs to your daughter!

steve laginess

Thanks Cyana. You bet I'm doing my homework. I wasn't a security investigator for seven years for nothing. No, I know for a fact that the spouse is not cohabitating. Her beau lives nearly two hours away in Ohio. Go figure. Boy, I couldn't handle that kind of relationship. Well, any attorney's online want to take a shot at this? I just want to know if I should hold em' or fold em'.
Been a long uphill battle and I'm pretty thick skinned right now. I'm inclined to fight on.

steve laginess

Oh, by the way, there is a cohabitation law in the state of Michigan MCL 750.335 that states that couples can be imprisoned in jail for not more than 1 year or by a fine of not more than $5,000. Now the sad news. It's rarely enforced. How bout' that.

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