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What Are Post-Divorce Modifications in Michigan, and Why Do I Need Them?

What Are Post-Divorce Modifications in Michigan, and Why Do I Need Them?

One of the most challenging aspects of finalizing a divorce in Michigan is coming to an agreement on the divorce’s terms. Some of the most contentious issues couples face include child custody, parenting time, child support, and spousal support payments. Spouses must agree on these issues before their marriage can legally be dissolved.

However, there is a significant likelihood that one or both of the ex-spouses will need to change the terms of some of these arrangements at some point after the divorce. In such situations, the state permits a party to seek a post-divorce modification. While modifications can seem challenging to understand and difficult to obtain, working with an experienced Michigan divorce attorney can help streamline the process.

What Is a Post-Divorce Modification?

A post-divorce modification is a legal process that allows ex-spouses to change the terms of their divorce agreement after it has been finalized. These modifications can apply to various aspects of the divorce settlement, including child custody, parenting time, child support, and spousal support payments. The purpose of a modification is to adapt the divorce terms to significant changes in circumstances that have occurred since the original agreement was made.

When Might I Need a Post-Divorce Modification?

There are several situations in which you might need to seek a post-divorce modification:

  • Child Custody – If one parent’s living situation changes significantly, such as moving out of state for a new job, it may be necessary to modify the custody agreement to preserve the child’s best interests.
  • Parenting Time – If one parent’s work schedule changes dramatically or the child’s needs evolve as they grow older, it may be appropriate to adjust the parenting schedule.
  • Child Support – If the paying parent experiences a substantial change in income, either an increase or decrease, or if the child’s financial needs change significantly, a modification to the child support amount may be warranted.
  • Spousal Support – If the receiving spouse experiences a significant change in income or the paying spouse faces a significant financial setback, it may be necessary to modify or terminate spousal support payments.

How Do I Obtain a Modification in Michigan?

To obtain a post-divorce modification in Michigan, you must file a motion with the court that initially handled your divorce case. You must provide evidence demonstrating that a significant change in circumstances has occurred since the original agreement went into effect. This evidence may include documentation of changes in income, living situations, or the child’s needs.

The court will review your motion and the evidence provided. If the court finds that a substantial change in circumstances has indeed occurred and that a modification is necessary, it will issue an order modifying the relevant terms of your divorce agreement. It’s important to note that the court will always prioritize the child’s best interests when considering modifications to child custody, parenting time, and child support.

Contact an Experienced Michigan Divorce Attorney Today

Change happens constantly in life, and it can often be unpredictable. When life changes make your original divorce terms impossible, unsustainable, or grossly unfair, a knowledgeable and skilled Michigan divorce attorney can help you seek a modification. The compassionate team at Selleck Legal, PLLC, has helped divorced Michiganders successfully negotiate modifications for many years, and we are ready to give you the support and advocacy you need. Call or contact us online for a confidential consultation to learn more about how we can assist you.

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