Post Judgment Modifications in Michigan
Post-judgment modification can often be part of the divorce process. Which unfortunately means, sometimes a Judgment of Divorce or an Order for Custody, Parenting Time, and Child Support is not the end of your story. At Wilson Kester the Empowered Divorce Source, we understand the frustrations and worries that naturally are felt when issues appear, especially after you have already gone through litigation or negotiations. We know the disappointment when a promise made turns out not to be a promise kept. Our team of experts is ready to help make take over this process so you can get some peace of mind. Challenging times shouldn’t be made stressful trying to navigate uncertain circumstances.
When Custody, Parenting Time, and Child Support Orders Need Modification
Custody and parenting time orders are modifiable but not easily so. There may be instances in which an order that was crafted years ago may no longer serve the best interests of the child. Changes in life happen, including new jobs, a change in living arrangements, or a change in a child’s educational needs. These changes may require a change to the current order.
Michigan’s Child Custody Act provides for a threshold that must be overcome before the Court may modify its prior Orders. The act also sets the burden of proof required to change a custody or parenting time order should the change alter the established custodial environment. It can be difficult to modify orders that are already in place. However, our attorneys are well-versed with the Michigan Child Custody Act and can help you devise strategies to obtain the changes to optimally serve your child. We will help you navigate the court so that an informed decision can be made and your life with your child can move forward. This guide can give you a sense of what we will help navigate.
Why Modify Court Orders?
All requests for a post-judgment modification must be petitioned to the court. When doing so, the person petitioning the court must prove there is a reasonable circumstance in their life that warrants the modification. Not all circumstances are black and white, but here are some that could potentially warrant a post-judgment modification:
- When a child is emancipated, and child support is no longer required
- When a child is exposed to domestic violence
- When a child is exposed to severe substance abuse
- When a child is exposed to mental illness that threatens their well-being
- If the party receiving child support no longer requires financial support
- When custody terms are modified to account for altered schedules
- If a party becomes permanently disabled
- If one of the parties loses their job or gets promoted
One rule to keep in mind is that if one party’s financial circumstances change, the agreement will likely need to be modified. This is true whether financial circumstances change in a beneficial or detrimental direction.
For example, if a spouse gets promoted and has a much higher salary, the other party could petition for a modification that could increase the amount paid in child support. Conversely, if a party loses their job and cannot pay child support until they find a new job, it could be grounds for a post-judgment modification.
Do you think you have a situation that warrants modified court orders? Contact us now and speak with one of our empowered divorce lawyers.