Daily Archives: September 12, 2014

COLLECTION OF FOREIGN SUPPORT ORDERS - GRAND RAPIDS DIVORCE ATTORNEY

COLLECTION OF FOREIGN SUPPORT ORDERS

The Michigan Court of Appeals has upheld a Trial Court’s enforcement of a Canadian child support order under the principle of comity. The Michigan Supreme Court has defined comity as “the recognition which one nation allows within its territory to the legislative, executive, or judicial acts of another nation, having due regard both to international duty and convenience and to the rights of its own citizens or of other persons who are under the protection if its laws”.  Dart v. Dart, 460 Mich 573, 574-575 n1; 597 NW2d  82 (1999).

The Court in Gaudreau v. Kelly, 298 Mich App 148; 826 NW2d (2012) provided that a support order from Canada can be enforced in the state of Michigan.

If you have questions, we can help.  Divorce Topics:

Our attorneys have over 95 years of divorce experience with extensive divorce trial experience including property settlements, spousal support, alimony, and child custody. Considering the seriousness of this life changing event, it is extremely important to retain the services of an experienced Divorce Attorney.

Christian G Krupp

KRUPP LAW OFFICES PC

GRAND RAPIDS DIVORCE ATTORNEY

161 Ottawa NW Suite 201

Grand Rapids MI 49503

616-459-6636 or mail@krupplaw.com

 

401 (K) QDRO DISTRIBUTION NO 10% PENALTY - GRAND RAPIDS DIVORCE ATTORNEY

401 (K) QDRO DISTRIBUTION NO 10% PENALTY

Often times during a divorce, one of the parties will receive a Qualified Domestic Relations Order in the other parties 401(k). Often times this is a great opportunity to obtain funds to purchase a new home or payoff marital debt. Internal Revenue Code Section 414(t)(2)(C) exempts from the 10% “early distribution” tax “payment to alternate payees pursuant to Qualified Domestic Relations Order”(QDRO). The 10% tax is generally imposed on distributions to recipients under 59 and one half years of age.

As a result, rather than paying the underlying tax plus a 10% penalty fee. You only end up paying the underlying income tax.  It is important to note that this only applies to 401(k) distributions and does not apply to IRA distributions.

We can answer all your questions about divorce.   Call us for a free consultation and we can answer your questions with answers that are specific to your situation.  FREE CONSULTATION  616-459-6636.

KRUPP LAW OFFICES PC

Grand Rapids Divorce Attorney
161 Ottawa NW Suite 201
Grand Rapids MI 49503
616-459-6636 or mail@krupplaw.com

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