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Rochester Law Blog

Back child support and tax refund interception

Missing child support payments can lead to a host of consequences, such as an inability to obtain a passport, which we recently wrote about on this blog. However, the financial ramifications that may come with unpaid child support can be significant and parents may not only face steep fines, but they may have their tax refund intercepted also. Losing part of all of a tax refund can have a negative impact on your life in a variety of ways, completely derailing important plans you may have. As a result, you should familiarize yourself with Michigan law and try to ensure that you stay current.

When a parent has fallen too far behind on the child support they owe, the IRS may intercept their tax refund. In some cases, the entire refund may be taken away, while others may lose part of their tax refund. Someone who may have been counting on their tax refund to fix something around the house, buy a vehicle to get to and from work, move to a new city with more job opportunities, pay debts or take care of some other goal may be devastated when they find out that they will not receive their tax refund.

Maintaining privacy during divorce

Those wishing to end their marriage may have a number of concerns on their mind. Some may be confused about certain aspects of the divorce process, or what their future may hold with respect to child custody, financial issues, etc. However, some people may be worried about privacy issues during their divorce and they may want to keep certain aspects of their divorce from the public. If you are worried about privacy, it is important to know which options you have and look for ways to maintain your privacy.

For some people, the collaborative process is an excellent way to maintain a higher level of privacy during a divorce, as opposed to litigation. With this being said, the collaborative process certainly is not an option for each couple. For example, some may simply not be able to work together, while others may be unable to even consider the collaborative process due to domestic violence or some other challenge.

Considerations for choosing an executor

Making a will is an excellent step towards thinking about the future and ensuring your property passes to friends and loved ones according to your wishes. Another important step in this process is appointing an executor who will be able to oversee probate and handle any issues that arise.

Michigan law only requires that an executor be over the age of 18 and have no felony convictions. Anyone who fulfills these basic requirements will serve unless the court hears convincing evidence from a challenger that he or she is not competent. However, there are many considerations beyond technical requirements that determine whether an executor is likely to be effective.

Eliminating the stigma surrounding divorce

Some people may think that divorce no longer has a stigma and that society has accepted a couple's decision to bring their marriage to an end. While this may be true in many circles, there are still times when a divorce is viewed harshly. For example, a couple may be judged for their decision to divorce by friends, relatives, people at work or even their children. Moreover, people may feel disgraced when their marriage does not work out, but these feelings should not be part of the picture.

There are many reasons why marriages do not work out and a divorce should have no bearing on a person's reputation. For example, someone may be a victim of domestic violence, or they may have tried to make things work out for years to no avail. There are times when it is simply best for both parties to move forward and no amount of work will be able to save a marriage.

How many Americans file for divorce per year?

Sometimes, people get married too soon, without spending enough time together to know that they are not compatible. Additionally, some people may fall out of love due to physical or emotional abuse, an affair or some other factor. For many couples who are going through this, divorce becomes necessary. If you are thinking about moving ahead with a divorce, it is important to know that there are many other people who are going through this as well.

According to information that has been provided by the Centers for Disease Control and Prevention, data from 2016 shows that the divorce rate in 44 states which participated in the study and D.C. was 3.2 per 1,000 population. Over the course of the year, these states saw more than 827,000 divorces. Moreover, with millions of people tying the knot each year, it is inevitable that many more divorces will arise in the years ahead.

Moving forward with a special needs trust

Sometimes, people become unable to care for themselves due to a devastating brain injury, dementia, Alzheimer's disease or some other hardship. In other instances, children with special needs may be nearing the age of adulthood and a family may be concerned about their care. Sometimes, special needs trusts are an excellent way to address these concerns and these trusts offer a number of benefits for many people. Our law office knows how challenging it can be for families in Rochester and all over Michigan to work through these issues, but identifying the right option and creating a trust that helps provide for a loved one with special needs can be very relieving.

Sometimes, those with special needs depend on public assistance programs which provide them with the support they need. One of the amazing benefits of special needs trusts is that those who are unable to care for themselves may not lose their eligibility for these types of assistance programs even though they receive funds from the trust. If you have a loved one with special needs in mind, this can be an excellent way to not only provide them with the resources they need and ensure that your assets are distributed according to your wishes but allow them to continue to be eligible for public assistance programs that help them tremendously.

Other life changes after a divorce

Sometimes, people have a tendency to focus on the potential downsides of divorce, such as anxiety over a custody dispute and concerns about the financial impact of splitting up with a spouse. However, there are many other ways in which peoples' lives may change for the better once they move on from an unhealthy marriage. For example, some people who may have been subjected to mistreatment on a regular basis may be able to live a healthier, happier life. Moreover, people may make positive changes with respect to their lifestyle.

There are various reasons why divorce can be a great starting point for serious lifestyle changes. For example, someone may be determined to lose weight and splitting up with their spouse may make it easier for them to eat healthier, exercise more and find the motivation to progress. Following a divorce, some people may relocate and this can lead to all sorts of positive changes, such as finding a more compatible job and having access to resources and activities that may not have been available.

Paying child support after an unexpected health crisis

Various changes in life can make paying child support difficult or even impossible. For example, being let go at work or discovering that all of your savings have been drained due to identity theft or some other issue can be very problematic if you are obligated to pay child support. Medical crises can also cause people to fall behind on their child support payments, especially if they arose out of the blue. Medical care can be overwhelmingly expensive and some people may not have the financial resources to handle a costly procedure or health emergency.

Unfortunately, medical debt is a major problem across the country and people who find themselves facing financial challenges may have a very hard time paying their child support. Falling behind, however, can make life even tougher in a number of ways (being taken into custody, having a tax refund intercepted or even being unable to get a passport). In order to avoid these complications, parents should focus on staying current. In some cases, a non-custodial parent who cannot afford to pay child support as a direct result of significant changes in their life may be able to have their child support order modified.

How changing circumstances can affect alimony payments

Sometimes the ex-spouse who is paying alimony, or spousal support, loses a job, has emergency medical bills to pay or comes up against some other situation that necessitates a change in the existing agreement.

There are times when a change is out of the control of the payor. Here are six common reasons for modifying spousal support payments:

Fulfilling your obligations as a non-custodial parent

Ending a marriage can be challenging, but those who have children sometimes go through an even more complicated divorce. Moreover, the divorce process as well as various family law issues that arise after the divorce can differ from the perspective of a custodial parent versus a non-custodial parent. If you are a non-custodial parent, you may be dealing with different hurdles. Aside from negative emotions that may have arisen in the wake of a custody dispute and court ruling, you could be facing financial difficulties as well. It is crucial to make sure that your obligations as a non-custodial parent are fulfilled, however.

For starters, there are a number of financial obligations you may have as a non-custodial parent. Child support payments can be challenging, but it is vital to stay current and pay what you owe. If necessary, you could be able to have your child support order modified and you should definitely avoid falling behind due to the various consequences associated with unpaid child support. Spousal support may be another responsibility you have and these payments could be especially tough in the wake of your divorce, whether you are trying to move forward following the division of marital property or have had to relocate for work.

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Bebout, Potere, Cox & Bennion, P.C.
821 North Main Street
Rochester, MI 48307

Phone: 248-805-1959
Fax: 248-651-8923
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