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Post-Judgment Actions in a Michigan Divorce
In the simplest definition, post-judgment actions in a Michigan divorce is when you ask the judge to change or enforce your divorce settlement.
Reasons for Post-Judgment Actions
Sometimes an ex-spouse does not obey the terms of a divorce judgment. In other cases, an ex-spouse wants to change the terms of a divorce settlement. You can work with your Michigan divorce lawyer to find out what your options are and your likelihood of success in entering a post-judgment action for modification or enforcement of the divorce settlement.
Changing Child Support or Spousal Support Payments
Post-judgment actions are commonly filed to ask for a change in child support or spousal support. Whether you believe you are owed more in support, or whether you think you should be paying less, a judge will usually hear a motion if there are new facts to be considered or a change in circumstances – though the outcome may not be what you wished for. You could find yourself walking away with less support than you were originally supposed to receive, or you may have to pay more in child support or spousal support than you were first ordered to pay.
Enforcing Child Support Payments
The term “deadbeat dad” is, unfortunately, a reality, and many divorced custodial parents find themselves without the support they are supposed to receive every month from the non-custodial parent. The Friend of the Court handles all matters involving custody, child support, parenting time, and spousal support. A motion can be filed to have this division of the court enforce support payments, whether through income withholding, forfeiture of property, or a bench warrant for arrest. It is also possible to bring your own motion with the help of your Michigan divorce lawyer.
Changing Child Custody or Parenting Time
A person may file a post-judgment action to change the custody or parenting time terms of the original divorce settlement if they feel their child is in danger or exposed to negative situations, such as substance abuse or physical abuse. The custodial parent may wish to have complete autonomy over the decisions regarding their child’s well-being and may wish to file for sole custody. The judge will always rule in the best interests of the child concerning all custody and parenting time matters.
Debt Repayment, Property Division, Liquidating Assets, and Title Transfer Enforcement
If your ex does not pay a debt assigned to them per the terms of your divorce settlement, you can file a post-judgment action asking to have the ex-spouse repay you.
If your ex was ordered to give or return certain property to you or liquidate assets by a specific date but they have failed to do so, a motion can be filed to enforce property division. A motion can also be filed if your ex does not draw up or sign the paperwork that is needed to transfer the title of the property to you, whether a home, car, or otherwise.
Typically, property issues are only reopened in cases of fraud or other unforeseen circumstances.
How to File a Post-Judgment Actions After Divorce
Life changes dramatically because of divorce, and circumstances continue to shift with different phases of life. There will be changes that affect your financial standing and employment. You may be relocating or remarrying. Your child’s education and medical needs may fluctuate. What was originally a satisfying divorce settlement may no longer be working in the face of a significant change.
It’s important to contact your Michigan divorce attorney for help, especially when it comes to modifications in child custody, child support, spousal support, and parenting time. Post-judgment actions are intended to address pressing legal matters after your divorce.
Contact Femminineo Attorneys in Mt. Clemens, MI, and find out how we can help you through your no-fault Michigan divorce.
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.
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.
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.
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.
Once your case is concluded, we will be there to help you with any post-judgment problems that may arise.
Everyone’s financial situation is different and we work with our clients to formulate a fee arrangement that works within your means.
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.
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.
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.
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:
After hours and weekends, we are still available for you to speak to an attorney via our 24 Hour messaging center:
(586) 854 3654
Michigan Divorce Attorney
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The information presented within this website is for general information purposes and is NOT and should not be considered as being “legal advice”. You should not act on any information presented herein without the verifying same with your attorney.