After a divorce, family courts may issue orders to provide guidance and define each party’s privileges and responsibilities post-divorce. The reality is that court orders after a divorce may not be permanent. Changing circumstances may dictate modifying a court order to better accommodate both party’s situations. When someone changes jobs, locations, finances, or personal status, a modification of an existing divorce agreement might be in order.
If you are currently looking to modify the terms of any divorce-related order, contact the attorneys at Eisenberg & Spilman, PLLC, today. We are skilled divorce attorneys experienced in representing clients from all walks of life in their family law issues. Even in instances of uncontested divorces, we understand that dealing with post-divorce agreements is a sensitive matter, and resentments and negative attitudes can boil over. We can determine whether you’re entitled to modify your existing order to better accommodate your present circumstances.
Call us at 248-358-8880 or reach out online today to speak to a divorce attorney serving Oakland County.
In general, either party in a divorce can request a court order modification. For instance, for a spousal support order, the person making payments can request a court order modification, and the person receiving payments can also request a modification.
A change of employment may require a modification of any spousal support or child support agreements, especially if either party’s income changes. For instance, if a spouse making child support payments took a significant pay cut after changing jobs, they may request a modification to the child support payment agreement.
Very often, specific court orders will require a modification if one spouse wishes to move, whether they have sole or joint custody. For instance, if a parent who had joint custody of a child wished to move out of state, they would have to request a modification to any existing custody order before they could do so. Even if the parent had sole custody, they would likely still have to get the court’s permission to move.
Certain changes in a parent’s financial situation or the child’s home life may warrant modifying an order. For example, if a child sustained a serious injury or developed a chronic medical condition and required additional medical care, the parent with custody might request a modification to child support or spousal support payments.
A parent might also request a modification to an order if the other parent is no longer able to fulfill their parental duties and responsibilities. For instance, if a parent becomes physically disabled or develops a debilitating mental condition, changing a custody order may be warranted.
Concerns over a child’s safety can also be a basis for modifying a court order. If one parent has good reason to believe their child is in immediate danger, they can request a modification to a custody or parenting time order.
Various other changing life circumstances are grounds for modifying a divorce order. If one parent remarries or has a child with another person, there could be modifications to existing custody, child support, or spousal support agreements. If one parent has demonstrated good behavior and stuck to a supervised parenting time schedule, they could request more parenting time or unsupervised parenting time rights.
The exact process of modifying a court order depends on whether both parties agree on or contest the modification. If both parties agree, they can draft an updated agreement and present it to the court for approval. Even if both parents agree, the court must approve any changes to custody arrangements to ensure that modifications are in the child’s best interest.
If the parents do not agree to a modification, the process is more complicated. The parent who desires a change can file a motion with the relevant family court. Next, the court will schedule a hearing where the party seeking a modification presents evidence of changing circumstances that warrant revising the order. For instance, if you are requesting a modification to receive more child support payments, you must present evidence showing your childcare expenses have gone up or you have lost substantial income, such as receipts, tax documents, paystubs, and more.
If the court believes there is enough evidence to justify a change, it will grant the modification, which will go into effect as soon as the new order is filed. Unlike some other states, Michigan does not require mandatory mediation for family court order modifications like child support, but judges have the discretion to order mediation for resolving disputes. If the court denies your modification request, you have 21 days to appeal the decision to a higher court. If 21 days pass, you can still refile, but you must show evidence of proper cause for modifying the order.
The parent requesting a custody modification must provide proper cause, which cannot be their subjective opinion. Instead, MCL 722.23 sets out 12 best-interest factors that family courts should consider when deciding custody modifications and disputes.
The timeline for modification depends heavily on the specific order and whether the parties agree on any modifications. If both parties agree and send the court a revised agreement, it can become approved in as little as a few weeks. However, if the agreement is complex or the parties do not agree on the changes, modification can take several months to over a year.
Modifying a court-ordered divorce decree can be a difficult and time-consuming process, especially if there are disputes about changes. It is in your best interest to work with a skilled attorney versed in negotiating agreement modifications and representing clients at hearings. A divorce attorney can work with you to build a strong case to request a modification. More specifically, they can:
Divorce is rarely easy, and disputes after the fact concerning court order modification can introduce an extraordinary amount of stress into your life. The attorneys at Eisenberg & Spilman, PLLC, can skillfully navigate your divorce issues and work towards a resolution that best fits your needs and desires.
Contact us online or call 248-358-8880 today to speak to a divorce attorney serving Oakland County, Michigan.