Benefits for a Divorced Spouse
Social security benefits are received one of two ways: (1) they are paid upon retirement, based on contribution to the social security system or (2) paid to a spouse of the contributor.  A person who is eligible for both will receive the higher benefit.

You must be married to a spouse ten years or longer in order to receive benefits through the spouse.  The spouse must have worked 40 quarters and be at least age 62.  A dependent spouse qualifies for derivative benefits by being age 62 and remaining unmarried after the divorce.

Impact on Remarriage
If the dependent spouse remarries she/he may not receive a benefit through a former spouse.  However, if the dependent spouse divorces the second spouse, that dependent  spouse again becomes eligible to take benefits through the former spouse.  If a spouse has been married more than once and stayed married for ten years, that person may choose the higher benefit of the earners.

Benefits as Income
In a divorce, when computing income to determine spousal and/or child support obligations, social security benefits should be considered.

Resources
There is much to know about social security benefits, such as at what age do benefits begin; working after benefits start; what will a person receive at age 62, 65 or 67; what is the earliest date one is eligible, and more.
For more information you can ask for and receive additional information at www.ssa.gov and Internal Revenue Service (IRS) Publications 554 and 915.

MEDIATION MATTERS
By:  Carole Chiamp
Chiamp & Associates, P.C.

Long term gay couples face challenges that are distinctly different from those of straight couples.  In fact, these challenges are so many and diverse as to make it impossible to describe in a short article.  My hope is that we begin
to discuss these issues.  As a mediator, the best place to start is to learn applicable law regarding such couples in your jurisdiction.  Come to terms with your own biases and change your attitude, if necessary.  Click here to read the full article . . . . Mediation Maters for Gays Breaking up.

The number of step-families in the United States will out number all other family types in 2010.

MEDIATION MATTERS
By:  Carole Chiamp
Chiamp & Associates, P.C.

Mediation with blended families is a relatively new area of
practice.  Click here to read the full article on this growing topic. . .Mediation and blended families

Have a Plan

By:  Carole Chiamp

No one plans on getting a divorce when they get married, but one of every two marriages will end up that way.  If your marriage is one of those that has not worked, you need a plan.  Click here to see the full article. . . Have a plan.

An Underused Avenue of Relief

Family violence occurs in millions of American homes annually and the public has become increasingly aware and unaccepting of the domestic abuse.  In April 1994, Michigan enacted a series of laws designed to expand the scope of domestic violence injunctions and to improve court and law enforcement reaction to domestic abuse.  While injunctive relief and divorce are essential remedies, tort remedies are an often overlooked avenue of relief in domestic abuse cases.

Click the link to see the full article published in the  Michigan Bar Journal

Often one spouse, usually the woman, is asked to sign a tax return at the last moment it is due and not given an opportunity to review.  Often it is never seen again.

When obtaining a divorce, it is most important that a joint return be provided to the attorneys for the parties so it can be used for checking for certain assets, for purposes of determining child support and/or spousal support, among other things.  It can be obtained from the IRS with only one person’s signature, that is, the person seeking it.  The other party will not know that it is being sought.  It may take as long as six weeks to obtain.

Forms and instructions for your use are provided here for obtaining joint or individual tax returns.  Click here for request form.

Changing the Game

MEDIATION MATTERS
By:  Carole Chiamp
Chiamp & Associates, P.C.

“As 9 year old David leaves Mom’s car at a neutral exchange site to enter Dad’s waiting vehicle, he kisses his mother goodbye and says, “Mommy, if I were dead, maybe then you and Daddy wouldn’t fight over me so much.” Please click the following link to read the full article…Mediation Matters.

Carole Chiamp recently won a case in the Michigan Supreme Court when it refused to take the appeal of a woman seeking additional child support from her client, a wealthy European.  The parties had agreed to a very large support order ten years ago which included child support, an annual cost of living increase, health care, child care, extra-curricular activities, travel, college education through professional school and much more.
The former wife received several million dollars in lieu of coming back to the court for more child support.  The parties agreed in writing that it was their intent not to modify support.  The former wife nonetheless asked for an increase in support which was denied by Oakland County Circuit Court Judge Mary Ellen Brennan, the Michigan Court of Appeals and finally on January 29, 2010 by the Michigan Supreme Court.

MEDIATION MATTERS
By:  Carole Chiamp
Chiamp & Associates, P.C.

It is Often very helpful to use an expert in Mediation.  This article will give you reasons why, when and how you may want to use a financial expert and the types of experts who may prove most useful.  Click this link to see the full article…Experts in Mediation.

MEDIATION MATTERS
By:  Carole Chiamp
Chiamp & Associates, P.C.

There’s a way that most divorce negotiations work.  Planning, researching, setting goals, strategizing, then engaging in mediation sessions that ultimately lead to a signed settlement agreement. Click this link to see the full article…Negotiating and Closing.