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MICHIGAN DIVORCE LAWYER

The Divorce Attorney Journal

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Divorce Attorney Journal

4 weeksago
The ideas of “peace” and “divorce” do not go together seamlessly for some people. There are couples who are angry, resentful, and unhappy. They anticipate that their divorce will be ugly. But approaching a split with so much vitriol isn’t healthy or productive. Then there...
1 monthago
If you have children and are in the middle of a divorce or planning to file for Michigan divorce, your journey will include a lengthy discussion about child custody and parenting time. Summertime is a hot-button topic when it comes to getting time with the...
January 16, 2020
6 monthsago

post-judgment action michigan divorce lawyer femminineoWhether it’s been six months or six years since your divorce was finalized, if you’re unhappy with how things are panning out, there may be an opportunity to get the terms of your divorce changed. A post-judgment action is designed for the enforcement or alteration of a divorce settlement in Michigan.

Changing the Terms of Your Divorce

If you’re dissatisfied with the terms of your divorce because you feel like you deserved more or because you’re not receiving the payments you are supposed to be getting, changing the settlement will not always be easy. Post-judgment actions are intended for when your ex is not obeying the terms of the divorce judgment, or lifestyle and financial matters have shifted significantly as to warrant a settlement change.

Here are four reasons you can file a post-judgment action after a Michigan divorce:

1. Changing Support Payments

If you think you are owed more child support or spousal support, or if you believe you should be paying less support, a judge will usually only hear a motion in this matter if there are new facts to be considered. For example, perhaps the payor has a higher-paying job and the means to increase their payments. Maybe the payor has been laid off or lost their job and cannot maintain payments. Ultimately, a major lifestyle change is necessary for the changes in child support or spousal support to be seriously considered.

2. Enforcing Child Support Payments

If you’re supposed to be receiving regular child support payments from your ex but you are not, you’re certainly not alone. You also aren’t without options. The Friend of the Court is involved in all child custody, child support, and parenting time matters – the FOC can be petitioned to enforce support payments. This can happen through income withholding, forfeiture of property, or a bench warrant for arrest. You will want to start with the FOC before filing a post-judgment action.

3. Changing Child Custody

When and how parents see their children is a hotly contested matter in divorces. Sometimes, one person gives in – and then they quickly realize they want something different when it comes to seeing their kids. You need a good reason to file a post-judgment action in child custody matters, as the court will always rule in what’s in the best interest of the child. If the custodial parent suspects any abuse or exposure to dangerous or negative situations, they may need to file a post-judgment action to protect the child’s well-being.

4. Financial Matters

Divorce is very much about money, especially how money – and debt – is divvied up between the parties. If your ex doesn’t pay a debt that has been assigned to them in the divorce settlement, a post-judgment action can ask for repayment. Post-judgment actions can be filed to get an ex to pay a debt, return or hand over properties by a certain date, or transfer titles as agreed upon. In most cases, fraud must be proven to successfully negotiate property issues.

Making a Post-Judgment Action Work in Your Favor

Ultimately, you only want to file a post-judgment action if you believe this effort will truly work in your favor and lead to modification or enforcement. You will want the guidance of an experienced divorce attorney in this matter, so you make smart, strategic choices that are worth your time and expense. Schedule an appointment with a Michigan divorce lawyer at Femminineo Attorneys PLLC in Mount Clemens to talk about post-judgment actions.

What makes us the right divorce attorneys for you?

Family Law Expertise

Most lawyers are in a general practice and do some of everything. One of our main focuses is on Family law and being expert at divorce, custody and support matters.

Strong Relationships

We are in court daily, working with the family court judges, their staff and clerks, the Friend of the Court office, the Bar Association and other attorneys working in this area. We pride ourselves on fighting hard for our clients while working well with everyone.

Experience

Our extensive experience and strong relationship with the courts and our peers leads many judges and attorneys to hire us to act as Mediators in other Family Law cases. Make no mistake; having a strong working relationship with the court can have a massive impact on your case. Unlike most attorneys, we have no fear of the court room and are in trial regularly against the best in the business. We see the judges every week and maintain strong ties with their staff.

We Care

Although every attorney can “handle” your case, Femminineo Attorneys cares about you and your family. We work extremely hard to keep this difficult process civil and to shelter your children from as much of the negative facets as possible.

Commitment

Once your case is concluded, we will be there to help you with any post-judgment problems that may arise.

Flexibility

Everyone’s financial situation is different and we work with our clients to formulate a fee arrangement that works within your means.

Effectiveness

We have handled every possible situation involving domestic law. We will do everything possible to wrap up your case in a timely manner, avoiding delays that cause unnecessary legal fees.

Tenacity

When your case cannot be easily solved, we will fight hard and use all of our resources to win. Unlike most attorneys, we have no fear of the court room and we regularly win cases against the best in the business at trial.

Expert Staff

Unlike many attorneys who have a part-time typist and work 30 hours a week, we have an expert staff available all day long to assist you and provide immediate service. We are available to our clients 24 hours a day through our hot line at 586-854-3654.

Personal Service

At Femminineo Attorneys, your case will be handled by an experienced family law attorney. Each of our attorneys in our family law division has many years of experience in handling family law matters.

We encourage you to see these differences for yourself and call today to speak with one of our partners or schedule a free consultation at our office.

During traditional business hours, please call us at: (586) 954-9500

Michigan Divorce Attorney

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