Divorce Modifications
When a divorce is finalized, the terms of the settlement are not set in stone. Finances change, schedules shift, and sometimes the matters agreed upon need to be revisited. Divorce modifications allow you to file to have your Michigan divorce settlement changed or enforced. The family law attorneys at BBA Law in Shelby Township, MI, will help you petition the court in a post-judgment action.
Reasons for Divorce Modifications
There are typically two main reasons for filing a motion for a divorce modification:
- One party does not obey the terms of a divorce judgment – such as paying child support – and the other party wants the divorce settlement enforced.
- One party wants to change the divorce settlement terms (e.g., they have lost their job or make less money).
It is not always beneficial to try to change the terms of the divorce and success is not guaranteed. Working with an experienced divorce attorney is the only way to receive the best guidance about whether it’s wise to pursue a divorce modification.
Common Divorce Modifications
It’s natural to feel stressed or dissatisfied by your divorce settlement and how it’s playing out in real life, but many people have been in the same position. Never hesitate to discuss circumstances with your divorce lawyer and act to better your situation. Some of the most common divorce modifications include:
- Changing payments for child support or spousal support: Maybe you believe you are owed more money for support, or perhaps you believe you should be paying less. A post-judgment action can be filed to ask for a change in payments if there are new facts to consider. Your lawyer will remind you that the outcome may not turn out as anticipated. There may be no change, or you may find yourself receiving even less support or paying more than you were.
- Enforcing child support payments: The parent with primary custody of the children after a divorce are supposed to receive child support monthly from the non-custodial parent. Even though these payments are handled by the Friend of the Court, this payment does not always arrive on time or in the correct amount. A motion can be filed to enforce support payments through various methods, such as income withholding or a bench warrant for arrest.
- Altering parenting time or child custody: If a parent feels their child is in danger or exposed to unhealthy situations in the other parent’s home, a divorce modification can be requested to change parenting time or custody terms of the divorce settlement. The court always rules in the best interests of the child where parenting and custody are concerned. Your family law attorney will advise you when it comes to filing a motion for sole custody.
- Addressing assets and debts: When a divorce is finalized, there are deadlines associated with the financial aspects of the marriage. Debts must be repaid by a certain time, property signed over, assets liquidated, paperwork drawn up, titles transferred. Any matters involving the split or signing over of marital assets and debts, a motion can be filed to enforce the divorce settlement.
How to File for Divorce Modifications
One of the reasons you and your ex chose to end your marriage was to live different lives. The changes will continue as you and your children age, reach different milestones, employment shifts, someone relocates, or someone becomes seriously ill. Divorce settlements are worked out as well as possible the first time around, but it is not unusual to need changes.
Contact your divorce lawyer at BBA Law when you need help with the enforcement or change of your divorce, especially when it comes to your child or financial burdens.
