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February 2018 Archives

Are you sure your marriage is over?

Though you might be frustrated and unhappy in your marriage, there may be some issues that have you wondering if it might be better for you to stay together rather than file for divorce. One of these, changes to the way spousal support will be taxed, may have you considering other options. The changes make spousal support tax-deductible for the recipient and taxable income for the payer. 

How much child support was Michigan 'deadbeat' expected to pay?

A Michigan man, one of the United States' most wanted child support "deadbeats" has just been caught in Calgary, Alberta. Joseph Stroup, who was living in Alberta under the assumed name "Joop Cousteau," was caught by a Calgary restaurant owner when he seemed to be running a personal injury scam.

What is a qualified domestic relations order?

If you or your spouse has a pension, 401(k) plan or IRA, you will need to divide them in the event of a divorce. You can agree to divide these as part of your settlement, or a judge can divide them if your divorce goes to trial. In order for the division to be binding on the plans, however, you will need a qualified domestic relations order (QDRO).

Are dads spending enough time with their children?

In most cases, Michigan law officially favors child custody and parenting arrangements that promote a strong bond with both parents. That doesn't mean that every child custody and parenting order will split the child's time 50/50 between the parents, as there are often other factors to take into consideration. Still, children are generally better off spending lots of time with each parent.

Is your spouse hiding assets in your divorce?

Whether you settle or go to trial, a divorce is a legal proceeding. That means that each party has a legal duty to honestly and fully disclose all information material to the case. That includes being honest about your assets and debts. Unfortunately, as many as a third of U.S. adults who have combined assets with a spouse or partner admit they have been dishonest about money.

Going to divorce court? What 9 mistakes could cost you the most?

Many divorces are settled, but if you can't resolve all of your issues between yourselves, you can have a judge resolve them for you. If you do go to trial, preparation and etiquette are key. Their lack could cost you in terms of credibility and even affect your settlement.

How could your alimony negotiations change under the new tax law?

The recent tax law, the Tax Cuts and Jobs Act, changed the federal deductibility of alimony. In divorces finalized during 2018, alimony is tax-deductible for the payor and taxable income for the recipient. On Jan. 1, 2019, however, the new tax law changes that. For divorces finalized after that date, alimony will be neither tax-deductible nor taxable income. This applies to all payments the IRS considers alimony.

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  • Understanding the legalities of the divorce process Laura has walked me through the maze of this legal system educating me so that I understand the divorce process. She has fought for me an every issue that I have had concerns with and given me excellent advice when I needed it. I am very satisfied with the direction and results. - Anonymous
  • The Best Family Lawyer in MI My cousin who owns his own law firm in Toronto found Amy for me as the best female lawyer in MI. It turned out to be very true. She helped me through one of the hardest times of my life, not only just legally but emotionally through a divorce... - Graeme
  • Laura Eisenberg -Attorney Without a doubt, one of the most professional people I have ever dealt with. Laura is an over-communicator with a complete skill set. She was able to manage my expectations while helping me to feel confident in the decisions we were making. The results were great and the client-lawyer relationship was exceptional.- Jeff
  • Excellent, Supportive, Knowledgeable, Strong Amy is the best type of lawyer one could want - she is tough when needed, extremely knowledgeable about her field, confident, supportive, straightforward, reliable and cognizant of keeping financial commitments at a reasonable level. Amy handled my divorce and was not only excellent in her delivery of services, but...- Jordana
  • Highly Recommended - Caring, Tough, Affordable Lawyer Laura Eisenberg was 100% on my side during my divorce and actually got it pushed through ahead of schedule because of her good relationship with the Oakland County judge! She got me everything I wanted and also worked out the custody, child support and the property settlement that I wanted. - Katherine
  • Very Skilled & Experienced Lawyer Laura helped me through a very difficult divorce situation. I was completely taken by surprise when my spouse filed divorce papers, and was worried about the children, the house, child support, etc. A friend recommended Laura because she had really helped her with her divorce. - Anonymous
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Responding to our clients' needs is our first priority at Eisenberg & Spilman, PLLC. Whether you are considering divorce and have questions about your rights, or you are seeking custody of your child, our Oakland County family law attorneys are here to help you.

We invite you to contact Eisenberg & Spilman, PLLC, at 248-358-8880 to schedule a confidential consultation with one of our attorneys to discuss your divorce or other family law matters. In addition to our regular business hours, evening and weekend appointments are available upon request.

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Eisenberg & Spilman, PLLC
600 South Adams Road Suite 100
Birmingham, MI 48009

Phone: 248-358-8880
Birmingham Family Law Office

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