After your divorce is finalized, you and your ex are required by Michigan law to follow the court order to the letter. Unfortunately, continued tensions or changing circumstances after your divorce may lead to inconsistent or unfulfilled support payments or child custody obligations.
While some exes think they can get away with neglecting these obligations, an experienced family law attorney can help you obtain the support you are entitled to after your divorce.
Changing Your Divorce Agreement After-The-Fact
Changes in employment, income, remarriage, relocation, and other significant life events may impact your ex’s ability or willingness to fulfill the divorce requirements. If this is the case, your attorney may advise you and your ex to consider a post-divorce modification.
Child custody, parenting time agreements, spousal support, and child support can all be modified in the post-divorce modification process. However, as in the initial negotiations, child custody modifications must remain consistent with the child’s best interests.
Child custody arrangements also require post-divorce modification before a parent can move away. If your ex skips this important step, your lawyer will help you and your ex reach a reasonable solution. Again, legal pressure may prompt your ex to comply with the court order, but in some circumstances, a show cause hearing may be required to see obligations fulfilled.
Getting Results In A Show Cause Hearing
If your ex refuses to hold up their end of the divorce agreement, you and your attorney may initiate a motion to show cause. A judge will then review the motion, which may lead to a formal hearing to assess the extent to which your ex is withholding mandatory support.
If the judge finds that they are not following the order, your ex will be in contempt of the court and ordered to comply. Depending on the circumstances, they may also be subject to other consequences, including wage or bank account garnishment, license suspension, tax refund seizure, or even jail time.
If your ex violates the terms of your divorce agreement, do not wait to seek the help of an experienced custody and support enforcement attorney. Your attorney will carefully review your unique situation and help you find a support compliance solution.