Post-Judgment Relief and Modification
After the entry of a final judgment or order of divorce or paternity, many parties will later desire modifications to some or all of the final order(s). The legal matters are among the most complicated in Michigan family law, as they are all fact-specific and therefore unique. Appropriate application of Michigan's suite of related statutes is very important when seeking post-judgment relief and/or modification of existing final orders.
What are the grounds for modifying my final order(s)?
Typically in family law cases, a non-trivial change of circumstance for one or both of the parties, or their minor children, will be necessary. Michigan statutes govern each specific area of family law, including legal and physical custody, parenting time and child support.
What if I am having a disagreement with my former spouse about the terms of the final order or our settlement agreement?
The professional goal of all family law attorneys and the Court is to help parties seek mutually-agreeable solutions to resolve all contested matters relating to their divorce. Sometimes, the language of a final order or a settlement agreement doesn't quite fit the now-present circumstances, or the parties later disagree about an ambiguity that was not evident at the conclusion of the initial case. These disagreements may require the intercession of the Court via an enforcment or show-cause hearing, or a return to the mediation process.
Can I modify my Michigan child support obligation?
Probably! It depends on a host of factors, but the most important is whether the economic circumstances of either the payor or receipient of child support has meaningfully changed. Additionally, the office of Friend of the Court for your county is obligated to review your child support order every three (3) years to determine whether an administrative modification is required per Michigan statutes.
Can I move with my child after my Michigan divorce is finished?
Yes, with limitations. Relocation of a child subject to a final order of divorce containing provisions for legal and physical custody of a child, along with parenting time provisions, will require the approval of the Circuit court that entered the initial final order, IF the contemplated move relocates the child a distance of greater than 100 miles from the moving-party's residence at the time of the entry of the final order. Relocation is more complicated, however. A long distance relocation (even if under 100 miles) will have a tremendous impact on the child(ren) of the parties, and may trigger a broader modification of parenting time.