As time passes, the terms of your divorce decree may become unworkable for you and your family. You, your ex-spouse, and your children may experience significant changes, such as changes in custody arrangements, parenting schedules, employment losses, or substantial income increases. When these changed circumstances occur, can you modify your Michigan divorce decree?
Grounds for Modifying a Divorce Decree
When your family’s circumstances undergo significant change following a divorce, you may have grounds under Michigan law to petition the court to modify certain aspects of your original divorce decree. Some of the most common decree provisions modified after divorce include child custody, visitation, child support, and alimony or spousal support payments. Michigan law provides that property terms in the judgment are final and cannot be modified absent fraud.
To obtain a modification of your divorce decree in Michigan, you must demonstrate a substantial change in circumstances that affect one or more provisions of the divorce decree.
Common grounds for modifying divorce decrees in Michigan include:
- Job loss
- Substantial increases in childcare expenses, such as a child suffering a severe injury or chronic illness
- Promotions or substantial increases in pay or other changes to financial circumstances
- Changes in child custody arrangements
- Changes to either ex-spouse’s physical or mental health or development of permanent disabilities
- Allegations of a parent threatening their child’s safety or well-being
- Retirement
- Remarriage of an ex receiving spousal support
- Emancipation of a child
Either ex-spouse may petition the court for a modification of one or more provisions of the divorce decree. For example, an ex-spouse who makes spousal support or child support payments and loses their job may petition the court to modify the support obligations. Conversely, an ex-spouse who receives child support can petition to increase the support obligation when the obligor spouse experiences a substantial increase in their income.
How to Amend a Divorce Decree in Michigan
Spouses have several options for amending a divorce decree in Michigan. When both exes agree to change their divorce decree, they can negotiate a revised agreement and submit it to the court for approval. The court must review any proposed revised decree for fairness and, when modifications involve children, to ensure that the agreement serves the children’s best interests. In some cases, the court will hold a hearing for the parties to present arguments in favor of the fairness and suitability of their proposed revised decree.
However, when exes do not agree on amending their divorce decree, the ex seeking a change must file a motion to modify the divorce decree with the court. The court will schedule a short hearing on the motion, where the party requesting modification must present evidence proving that the parties have had a substantial change in circumstances warranting modification. If the court finds that a change in circumstances occurred or proper cause exists, then the court will conduct an evidentiary hearing, and it will issue a decision either modifying the parties’ divorce decree, which immediately goes into effect or denying the motion.
Taking Action to Modify Your Divorce Decree
When your divorce terms have fallen out of date due to changes in your and your ex’s circumstances, you may have the option of modifying your divorce decree. Taking prompt action to begin the modification process can protect your rights and options.
Contact Kraayeveld Family Law today for a confidential consultation with a Michigan divorce lawyer to learn more about post-divorce modifications in Michigan.
