During a divorce, court orders will be issued in connection with important issues that must be decided in your case. However, because court orders can extend for years after the final judgment of divorce has been issued, the law recognizes that they may need to be modified from time to time. In the event there has been a substantial change in circumstances, the initial order may be adjusted with a post-divorce modification.
A post-divorce modification is a type of legal action that can be taken after a divorce decree has been finalized. It allows either spouse to request an adjustment to the original terms that reflects a change in circumstances or needs. Modifications can be requested for many different orders that were made pursuant to divorce, including the following:
Critically, unless the spouses agree on a modification, a substantial change in circumstances must be shown. The circumstances that give rise to a modification will depend specifically on the issue for which the modification is requested. Often, adjustments are requested because of a change in a party’s financial situation or needs.
There can be many reasons to request a post-divorce modification. Significantly, an upward or downward modification can be requested for child or spousal support when there has been a substantial change in financial circumstances. When it comes to requesting a change to child support, some events that might qualify for a modification can include changes in income, the child’s needs, or parenting time.
If an order to pay spousal support was entered because one spouse was financially dependent upon the other during the marriage, either spouse can request a modification if there are new facts to consider. For example, a judge may readjust a spousal support award if the receiving spouse remarries or cohabitates with a financially supportive partner. A court might also consider a modification if the paying spouse retired, involuntarily lost their job, or developed an unanticipated medical condition. Spousal support terminates upon the death of either spouse.
To obtain a post-divorce modification for custody or parenting time, the court must find “proper cause.” A court will not grant a change to a custody order simply because a parent asks for an adjustment. One or more grounds must exist that have a substantial impact on the child’s life to the extent that the court must reassess the custody arrangement. Factors a court will look at can include safety concerns of abuse or neglect, positive changes in the non-custodial parent’s life such as obtaining stable housing, or a custodial parent’s plans to relocate. A judge would also evaluate the child’s needs and whether either parent consistently failed to comply with the custody order.
Although modifications regarding property division are less common than the above modifications, they may be obtained if spouses agree on the change — or it can be shown that a spouse concealed assets during the divorce.
There are two ways to change a divorce judgment in Michigan — by appeal or modification. However, there is only a limited amount of time to file an appeal. Typically, a claim of appeal must be filed within 21 days from the final order, and you must be able to establish that a legal error was made in the case. In contrast, a modification allows you to request that an order be changed at any time post-divorce, as long as there is a substantial change in circumstances.
Neither party can unilaterally decide to change the terms of the divorce decree or a child custody order. To obtain a post-divorce modification, you can reach a settlement with your former spouse or allow a judge to decide the outcome of the issue. Whether you and your spouse agree on the modification or not, a petition will need to be filed with the court to request that the changes be made to the original decree.
You must include the reasons you believe the modification request should be granted in your petition. Once you have filed the petition with the court, it will need to be served on your spouse. A hearing will be scheduled where both parties can present their positions to the judge who will make a decision based on the evidence and testimony. If the court determines that a substantial change in circumstances has occurred and a modification is warranted, a new order will be issued that the parties must follow.
If you are thinking about requesting a post-divorce modification to a custody, support, or property division order, it’s best to have the representation of a skillful divorce attorney who can help you navigate the process. Located in Sterling Heights, The Law Offices of Kevin R. Lynch P.L.C. offer a broad scope of divorce and family law services to clients in Michigan, including those involving post-divorce modification matters. You can set up a free consultation by calling 586-336-1088 or contacting us online. We assist clients throughout Macomb, Oakland, and Wayne counties.
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