Michigan Post-Judgment Modification: Spousal Support and Child Support
After a trial court enters a final divorce decree, situations can change for either party. They might remarry, lose their job or suffer a serious illness or disability. As a result of these changes, a party may need to ask a court to modify certain provisions in the divorce judgment, such as increasing or reducing child support and spousal support payments.
The modification of divorce judgments can be a challenging area of family law. However, the experienced divorce lawyers at The Stroble Law Firm P.C. have an extensive background in this area and will work hard to make sure your rights and interests are fully protected. Based in Bloomfield Hills, The Stroble Law Firm represents clients across Michigan, including Macomb County, Oakland County, Warren, Clinton Township, Sterling Heights, St. Clair Shores, Mount Clemens, Utica, Roseville, Troy, Farmington Hills, Waterford, Southfield, Pontiac, Birmingham Michigan, Rochester Hills, West Bloomfield and Bloomfield Hills. Call The Stroble Law Firm at (888) 454-0801, or contact us online.
Michigan Post-Judgment Modification Lawyers
Periodic spousal support and child support are open to modification under Michigan law. Child custody and parenting time may be modified as well. However, as a general rule, the property division and lump-sum spousal support provisions of a divorce judgment cannot be modified.
In some cases, the parties may reach a divorce settlement in which they clearly and unambiguously express their intent to waive their right to seek a modification and agree that the spousal support, or alimony, provision is final, binding and non-modifiable.
There are two situations in which the court can modify a divorce judgment: A party can file a motion or petition requesting the modification of a support provision, or a party can raise the issue as a defense when brought before the court for enforcement of a support order (such as when the party has received a notice of arrearages or notice of wage garnishment).
The modification request can be filed by either the paying party or the receiving party, and it can be a request for either an upward or downward adjustment in payment amounts.
To succeed, the party must show that there has been a substantial change in circumstances that makes a change in the support amount necessary. Generally, this change cannot be a temporary one or one that is expected to take place in the future. It must be a change that has already occurred, such as a medical diagnosis or work layoff.
If the party is seeking a decrease in spousal support payments, the party would need to show that the change in circumstances has significantly impaired their ability to make payments. A party seeking an increase would need to show that more support is needed in order to maintain a reasonable standard of living.
If the request is for an upward adjustment in child support payments, the party would need to show that the child’s needs have increased and cannot be met by the current support order. A party seeking a decrease could argue that their ability to make payments has been impacted or that the child’s needs have actually decreased.
Contact Us
A post-judgment modification can involve extensive evidence, such as payroll stubs, bank statements, tax returns, tuition bills and even grocery and clothing receipts. In some cases, a modification may be based on documented evidence that shows that the receiving party has remarried or begun cohabitation with another person. A skilled and aggressive divorce lawyer can be essential in getting through this process.
At The Stroble Law Firm P.C., our divorce attorneys can properly advise you on the strategy for successfully obtaining or defending against a post-judgment modification. Our goal is to be a part of the solution, not the problem.
Based in Bloomfield Hills, The Stroble Law Firm represents clients across Michigan, including Macomb County, Oakland County, Warren, Clinton Township, Sterling Heights, St. Clair Shores, Mount Clemens, Utica, Roseville, Troy, Farmington Hills, Waterford, Southfield, Pontiac, Birmingham Michigan, Rochester Hills, West Bloomfield and Bloomfield Hills. Call The Stroble Law Firm at (888) 454-0801, or contact us online.
