Divorce Judgment Modifications in Michigan
Representing Men in Oakland, Macomb, Wayne, Livingston, Washtenaw, Monroe, Lapeer & St. Clair Counties
Your life may have drastically changed after your divorce. If are unhappy with the outcome of your divorce, the attorneys at American Divorce Association for Men can help you. Spousal support, child support, custody, and parenting time may be modifiable based upon a change of circumstances. Whether you have lost your job and can’t pay the same amount of spousal support, or you need a change in parenting time, our legal team is here to help you.
We have over 30 years of experience representing men in Oakland, Macomb, Wayne, Livingston, Washtenaw, Monroe, Lapeer & St. Clair Counties. We are equipped to help you obtain the best possible results for your case.
How Can You Change A Divorce Judgment?
There are two ways to change the terms of your divorce judgement: filing an appeal and requesting a modification.
In some circumstances, a divorced spouse can appeal their final divorce judgment. An appeal can be as a matter of right or by leave of the court. Either way, your time frame is very short, only 21 days. In order to appeal a final divorce judgment, a spouse must file an appellate brief arguing that the trial court incorrectly applied the law, resulting in a divorce judgment that is not valid. Since this may be difficult to do, it is vital to have an experienced attorney by your side.
Dissatisfied spouses often have a better chance at modifying their divorce instead of appealing. In Michigan, post-divorce judgment modifications can be conducted over a variety of circumstances. The attorneys at ADAM can walk you through the process to help you obtain the results you are seeking for.
What Are Common Types of Divorce Judgment Modifications?
Some of the most common judgment modifications involve changes to the following:
- Child custody
- Child support
- Parenting time
- Spousal support
Modifications may be needed as a result of a substantial changes in circumstances. Examples of substantial changes include:
- Unemployment
- Pay raise
- Pay cut
- Increase/decrease in child care expenses
- Change in custody arrangements
- Remarriage, combined with other changes
- Concerns over the child’s safety
- Physical/mental health of either parent
Both parties have the right to request a modification. For example, the party that is paying spousal support may ask the court to lower their payments, whereas the party that is receiving spousal support may ask the court to increase their payments.
How Can You Modify A Divorce Judgment?
If you and your former spouse agree on the changes that need to be made, you can work together to create a revised agreement. This modified agreement will not go in effect immediately, though. It must be submitted to the court for approval first. The court will review the proposed changes and determine whether or not to approve the plan. If it is approved, the changes will go into effect immediately. The court may or may not require a court hearing.
The process is different if you and your spouse do not agree on the changes. In this case, the party that wants to modify the judgment must file a motion to modify the agreement with the court. A hearing will be scheduled shortly after this petition is filed.
During this hearing, the party that requested the modification must present evidence to the judge that proves that a substantial change has occurred that warrants a judgment modification.
For example, if you are asking the court to lower your child support payments, you will need to present evidence that proves this change is warranted. You may be able to prove that there has been a substantial change in your circumstances by presenting recent paystubs or tax returns that show a significant drop in your income.
If the judge agrees that there has been a substantial change in circumstances, the judgment will be modified. This modification will go into effect immediately.
ADAM Has Over 30 Years of Experience Representing Men from Unfair Bias in the Courtroom
Our team of attorneys have extensive experience assisting clients make modifications to their divorce decrees. A change in circumstances often becomes a necessity to modify a divorce decree. If you have a dramatic change in income, need to relocate to another state, or have issues regarding the proper care of your children, a judgment modification may be in order. We have over 30 years of experience representing men from unfair bias in the courtroom. If you need help with a divorce modification in the greater Metro Detroit area, you can count on the legal team at ADAM for professional representation. We are also proud to represent clients in Oakland, Macomb, Wayne, Livingston, Washtenaw, Monroe, Lapeer & St. Clair Counties. Contact our Detroit judgment modification attorneys for a free case review!