Whether 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.