Your Michigan divorce settlement is legal and binding, but the document is malleable within reason. Life changes after you and your ex split – needs fluctuate, jobs change, people relocate, children grow, income shifts. The court recognizes that there are times when you need to revisit the circumstances of your divorce. Through a post-judgment action and the help of your divorce lawyer, it is never too late to ask for a reasonable reset when circumstances change.
Possible Ways to Request a Divorce Settlement Change
The only way to make changes to an existing divorce settlement is through a post-judgment action. There are several reasons your attorney can file this document with the court on your behalf:
- Repeated ex neglect. Your ex is not holding up their end of the deal regarding spousal support, child support, or parenting time. Maybe they didn’t sell the house or car like they were supposed to, or manage their portion of marital debt, or liquidate earmarked assets.
- Income changes. If you lose your job, are promoted, or have any sort of alteration to income that impacts child support or spousal support payments, a judge is likely to hear a motion.
- Lack of child support. Deadbeat parents exist, and if you are not receiving child support from the non-custodial parent on the agreed-upon schedule, you and your lawyer can file a motion with the Friend of the Court to have the payments enforced.
- Parenting time fail. If your children aren’t seeing your ex as much as he or she promised to see them, or if you are not getting to see your kids as much as you were supposed to per your divorce settlement, it’s time to talk to your Michigan divorce lawyer about parenting time and child custody. The judge will always rule in the best interests of the child.
Modifying Your Michigan Divorce
Modification of a divorce settlement is not always easy to achieve. Divorce takes a long time to work out because everyone involved needs every detail to be right when the process is complete. The goal is to move ahead on the same page and not to worry about what’s missing or not being done. If you are negatively affected by the actions of your ex, it is important to legally request modification to parenting time, support payments, or otherwise and petition the court to enforce your existing settlement.
All Post-Judgment Change Is Not Bad
A post-judgment action doesn’t always have to be filed as a grievance, complaint, or irritation. If you and your ex are amicable, this request for change may be done so you can help ease each other’s burdens or support your children in some way.
Life changes all the time. Even though your divorce finalized the end of your marriage, there will be alterations as time goes on. Big shifts can include remarriage, your child’s educational needs, your or your child’s medical needs, family emergencies, and more.
If you would like to request the judge to enforce or modify your divorce settlement, contact Michigan Divorce Help in Mt. Clemens about filing a post-judgment action. Contact us to schedule a consultation.
This blog post is not a substitute for legal advice.