What to Expect in Michigan Divorce Mediation

What To Expect In Mediation For Divorce

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Divorce may be a stressful experience. Depending on the couple’s situation, there may be numerous issues to address regarding children, domestic support, and property division. With mediation, there is a chance that you and your spouse can reach an agreement on some of the lingering concerns, making it a more cost-effective way to settle your divorce.

It is possible to work out a mutually beneficial divorce settlement with the assistance of a Michigan divorce lawyer without the need for a protracted, expensive, and traumatic court battle.

What is Michigan Divorce Mediation?

Divorce mediation is the practice of discussing a resolution of divorce-related concerns with the help of a neutral third party. Mediation might be mandated by the court or sought by the couple on their own. The mediator facilitates conversations about a variety of subjects during mediation. While the parties are free to share their ideas and fears, the mediator maintains the parties’ focus on pertinent topics and potential resolutions.

A mediator is not authorized to make choices for the couple. The main purpose of the mediator is to enable open conversations aimed at resolving conflicts. Mediators are educated to assist parties in tackling the issues at hand rather than blaming one another. The mediator assists couples in having civil and effective discussions.

One advantage of mediation is that the parties have greater control over how issues are handled, rather than allowing a court to do so

What to Expect During Michigan Divorce Mediation

Although the conversations during mediation are distinctive to the couple, the divorce mediation procedure is typically the same for all spouses. The mediator usually starts by discussing the mediation process and responding to questions the parties may have. During mediation, the mediator invites each side to take a stance about any problems or issues they wish to address.

The mediator helps the couple in developing a mediation program. The program covers the topics that the parties wish to settle as well as the suggested mediation schedule. Divorce mediation might lead to a settlement after only one session. Some spouses, though, may meet multiple times during divorce mediation to reach an agreement.

The mediator tackles each matter one after the other. The mediator may propose new ideas or approaches to generate more options for addressing each issue. Throughout the discussion, the mediator keeps note of each party’s different proposals.

If the parties achieve a settlement, the mediator will draft a Memorandum of Agreement outlining the terms of the agreement. This agreement will subsequently be included in the final divorce decree. However, if the parties cannot reach an agreement, the case proceeds to a hearing where a judge will express an opinion and issue an order to resolve the disputed matters.

Consult a Michigan Divorce Lawyer for Assistance

Mediators do not give legal advice, and there are times when divorce mediation is not recommended. That is why you should seek the advice of a Michigan divorce lawyer. Our skilled attorneys at Goldman and Associates can help you prepare and guide you on what to expect during divorce mediation. Set up an appointment today.

How To Prepare For Mediation In Michigan

How Do I Prepare For Mediation?

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Mediation draws people from all walks of life. Some couples agree to try mediation first before filing for divorce. Others may have been compelled to participate by a judge. No matter what, we can’t say enough about how important it is to be ready.

Our attorneys at Goldman and Associates Law Firm believe that settling family law disputes in a non-confrontational way is beneficial for all parties. The mediation procedure isn’t for everyone, but it helps if the parties concerned are open to negotiating. To help you win at mediation, our lawyer will help you gather the evidence you need to support your side.

Defining Mediation in Michigan

Mediation is a way of reaching an agreement. It can help you find solutions to problems in your situation. Mediation is a means of resolving a dispute without a judge.

During mediation, both parties discuss the situation with an unbiased mediator. Each of you will get an opportunity to tell the mediator everything you want to transpire in this case. The mediator is not a judge, so he or she won’t say who is right or wrong or make judgments for you. The mediator will help you work out your legal problems and, if it’s possible, try to reach a settlement.

The purpose of mediation is to obtain a fair agreement that is acceptable to all parties. It can be voluntary or ordered by a judge and is most effective when it is voluntary and both parties believe it will aid in the resolution of the issue. However, when the judge requires it, mediation can still be effective.

Preparing for Mediation in Michigan

Mediation is a collaborative effort. The mediator will assist you and the other party in reaching mutual agreements. Here are a few tips for effectively preparing for mediation sessions:

  1. First, you need to get together all of the important paperwork, such as court records from previous cases, prenuptial agreements, and data about your assets and liabilities. To get the most out of your mediation sessions, you’ll want the assistance of one of our attorneys.
  2. If you have children, don’t forget to include a copy of your family’s calendar, which should include all of their regularly planned activities and routines. Arrangements for custody and visitation may depend on where your child needs to live or how busy you or your spouse are at certain times.
  3. Think about what you want to happen and talk to your lawyer about it before the mediation sessions begin. Think about how much you’re prepared to compromise to achieve your goals. Mediation can change, but it always gives people a safe place to think of new ways to solve problems.

Hire a Skilled Michigan Family Law Attorney

Whether you hire us as a mediator or an attorney, we will work hard as your mediator or attorney to negotiate agreements that satisfy your family’s needs. Our experienced attorneys at Goldman and Associates can help you prepare for mediation. Schedule a consultation today.

What You Should Know If You’re Charged With Retail Fraud

What Happens If You’re Charged with Retail Fraud?

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Retail fraud is one of the most prevalent criminal offenses in Michigan’s criminal justice system. Shoplifters are getting caught more frequently as stores use advanced surveillance systems and high-tech tracking systems, making it far more difficult for the average person to refute these claims.

To make things a bit worse, law enforcement agencies are under pressure from tax-paying business owners to pursue cases vigorously. If you’ve been charged with retail fraud, you must understand that there is still hope and that all retail fraud allegations are defendable.

Michigan Retail Fraud Defined

Under Michigan law, a retail fraud accusation in Michigan can be either a felony or a misdemeanor. A retail fraud case in Michigan may be quite challenging. It is critical to consult with a retail fraud lawyer to understand your alternatives. A skilled criminal defense attorney might be the difference between a criminal conviction and a clean criminal record.

Retail fraud happens when a person purposefully commits one of the following acts in a retail store:

  1. alters, transfers, replaces, hides, or otherwise misconstrues the price of an item to avoid paying for it or to pay less than the real price; or
  2. steals a retail item; or
  3. with the intent to deceive, obtain, or try to collect money or store goods as a refund or replacement for goods not purchased from that establishment

The criminal sanctions for Michigan retail fraud vary according to the degree of retail fraud prosecuted under the penal code. As a result, there are several variables to consider when determining what sentence you would receive if convicted of retail fraud charges under Michigan law.

Criminal Sanctions for Michigan Retail Fraud

In Michigan, there are three degrees of retail fraud based on the amount of the product stolen and a person’s past criminal record.

1st degree retail fraud is a felony offense punishable by up to 5 years of imprisonment and/or a $10,000 fine (or three times the value of the stolen goods). 1st degree retail fraud can be charged in the following situations:

  • The stolen goods being sold are worth $1,000 or more; or
  • The stolen goods being sold are worth $200 or more but less than $1,000, and the offender has a prior retail fraud record.

2nd degree retail fraud is a misdemeanor offense punishable by up to 1 year of imprisonment and/or a $2,000 fine (or three times the value of the stolen goods). 2nd degree retail fraud can be charged in the following situations:

  • The stolen goods are worth $200 or more but less than $1,000; or
  • The stolen goods are worth less than $200, but the offender has a prior retail fraud record.

3rd degree retail fraud is a misdemeanor offense punishable by up to 93 days of imprisonment, a $500 fine (or three times the value of the stolen goods), and possible probation. 3rd degree retail fraud is charged when the value of the stolen item being sold is less than $200 and the offender has no previous retail fraud convictions.

Choose the Best Lawyer for Your Michigan Retail Fraud Case

If you are charged with retail fraud by the authorities, hiring a criminal defense attorney will help guarantee that your rights are protected during this process. Contact Goldman & Associates today or schedule an appointment to discuss how we can help you fight these allegations.

Non-Custodial Fathers Getting More Parenting Time in Michigan

How Can Fathers Get More Parenting Time?

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The best way to create a strong relationship with someone you care about is to spend time with them. There is no such thing as “too much time” for a father when it comes to spending time with his child. One of the most heartbreaking aspects of getting divorced is not having contact with your child for a significant portion of his or her life.

Any sensible father who has to cope with court-mandated parenting time desires more time with their children. If you are the non-custodial parent, you must obtain your ex’s permission for any extended visitation request you want. The only other thing you can do is petition the court to give you more parenting time.

Petitioning to Get More Parenting Time

By demonstrating your willingness and ability to adhere strictly to the court’s current orders, you stand the best chance of winning a petition for more parenting time. Always make sure to be on time or slightly early for every scheduled visitation. If you can’t make it on time, contact your ex and inform them politely of why you will be late and how late you will be.

The next step is to retain copies of every conversation you have with your former spouse, including voice recordings, notes, and everything else you can think of. Any time you decide to create a petition in favor of more parenting time, you run the risk of having an entire Ford F-150 hurled back at you because no custodial parent wishes to give a father more time with their children. You’ll need documentation that you were polite, obeyed the rules, and that your former spouse was the one who caused problems.

Understand the Legal Grounds for Parenting Time

If a court-ordered parenting time arrangement is contested by either parent, most appeals are ruled out because they lack a legitimate basis for requesting a change. In general, the law requires that you demonstrate:

  • That you, your former wife, or your child’s life has changed significantly, and
  • That this change in circumstances has had an effect on your child makes it best for the child for you to have more parenting time.

The first point in the bullet is significant because it implies that you cannot justify a change in parenting time simply because you have discovered a new way in which your ex is a complete loser. There must be a significant change in your situation to justify the petition.

Seek the Services of an Experienced Michigan Family Law Attorney

There is a solid reason why lawyers exist. The law can be difficult to understand, courtrooms can be daunting, and a single misstep can have a profound impact on your life’s direction. If you want more parenting time with your child but are limited to what the court permits, contact and schedule an appointment with Goldman & Associates today.

Can Someone Be Forced To Sell Their Marital House During Divorce?

Can I Be Forced To Sell My House In A Divorce?

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One of the most difficult issues for the parties to resolve is how to handle the marital house. A married couple’s marital house is often one of their most valuable assets. Furthermore, there are frequently sentimental considerations involved. In some cases, one party may think that they were the one who contributed the most towards purchasing or developing the property. In other circumstances, one spouse may wish to keep the house so the children can remain in the same school and have a secure environment.

Do You Have to Sell Your Marital House?

In most circumstances, you will not be forced to sell your house during a divorce. If you’re divorcing in Michigan, the question of whether or not you have to sell your house often arises since spouses develop attachments to certain parts of the house. As a parent, you may prefer that your children complete their education in the same school or district where you live. When this happens, usually one spouse will “buy out” the other spouse’s share of the home. To calculate equity, the courts will take the assessed value of the property and subtract all loans on it, such as mortgages and tax liens. After that, whoever keeps the house owes the other spouse half of the equity.

Most of the time, the court won’t count a real estate agent’s commission when figuring out how much the home is worth. Unless a sale is close, Michigan family courts have consistently held that a commission should not be included in the appraisal because it is too subjective. This means that if you’re going to keep the marital house, you’ll have to pay the entire commission when you sell it. That’s a significant profit for the spouse who doesn’t keep the house and a huge price to pay for the spouse who does because they’ll have to pay the entire commission rather than half of it.

How the Courts Will Handle Your Marital House

When splitting marital assets, like the house, the court has several options. Occasionally, the judge will give the marital home to one of the spouses. That spouse will then have to refinance the loan to pay the other spouse his or her share of the equity and get the other spouse off the hook for the mortgage.

If neither spouse can refinance for a higher mortgage, the court may order to sell the house and split the equity. Even if both spouses wish to keep the house or cannot agree on its value, the judge may nevertheless order its sale.

Let Our Michigan Divorce Lawyers Help In Keeping Your Marital House

Each divorce is unique and presents its own set of obstacles. Regardless of your circumstances, if you wish not to sell your marital house, contact Goldman & Associates to design a divorce strategy. Set an appointment for a free consultation today.

What You Need to Know About High Net Worth Divorces and Alimony

Does Net Worth Affect Alimony?

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Learn more about alimony in Michigan.

Every divorce has its challenges, but high net worth divorces are much more challenging. If you have a lot of money, the decisions you make during your divorce might have a significant impact on your financial future. There is just too much at stake for you to try to handle your divorce on your own. Instead, seek legal counsel from the experienced high net worth divorce lawyers at Goldman & Associates.

Alimony and Property Division in a High Net Worth Divorce

Spousal support, often known as alimony, is money paid by one ex-spouse to the other during or after a divorce. Alimony is meant to ensure that each spouse’s financial needs are addressed throughout and after the divorce process. Your individual circumstances will determine the amount, frequency, and length of spousal support.

During a divorce, a couple’s assets and liabilities are classified as marital or separate property. Generally, the court will allow each spouse to keep ownership of their separate property. Marital property, on the other hand, must be divided equally between the two spouses.

When it comes to the distribution of marital property, the term “equitable” does not always imply “equal.” The court must ensure that each party receives their fair share, whether that amount is equal or uneven.

Since there is so much at stake, having an experienced family law attorney on your side during a high net worth divorce is essential. Our attorneys are committed to negotiating a favorable property settlement agreement on your behalf.

Factors Considered When Determining Alimony

In many high net worth divorce situations, alimony is a controversial subject. This is because the spouse with a lower net worth may request an excessive amount of spousal assistance each month. Outside of the courts, you and your spouse can have the option to try to strike an agreement. However, if your spouse is requesting excessive alimony, you may need to go to court.

When deciding whether or not to grant alimony, the court will examine several criteria. Among these elements are:

  • The duration of the marriage
  • Each spouse’s behavior during the marriage
  • Each party’s income and earning potential
  • The property settlement
  • The health and specific needs of each party
  • What each spouse contributed to the marriage
  • The quality of life experienced by both spouses during the marriage

In certain situations, the court may rule that the spouse with the lesser net worth has the right to maintain the same standard of living they enjoyed throughout the marriage. This might lead to the judge ordering you to pay an excessive amount of spousal support. This is yet another reason why you will want the services of our attorneys to protect your rights and guarantee that you are handled appropriately by the court.

Call Now For A Free Consultation With Our High Net Worth Divorce Lawyers

If you are considering a high net worth divorce in Michigan, you should consult with an experienced family law attorney. Our firm has a representative available to speak with you right away. Contact Goldman & Associates Law Firm to learn more about our services. Schedule an appointment today.

Reducing A Criminal Charge Against You in Michigan

Can I Reduce A Criminal Charge Against Me?

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If you have been accused of committing a crime in Michigan, the best possible outcome for you is to have those charges dropped or reduced significantly. If you’re facing criminal charges, there are several ways to reduce or eliminate them. It all starts with one easy step: selecting an active and astute criminal defense attorney who will fight for the best possible result in your favor. We have successfully reduced criminal charges throughout the state of Michigan.

Michigan’s Sentencing Guidelines for Reducing a Criminal Charge

If your charges are reduced, your penalties will also be less severe. The state of Michigan has put out guidelines to assist judges in determining the most appropriate sentences. The guidelines describe any additional instructions that judges are obliged to follow when assessing sentences depending on the type and classification of the offense for which somebody is convicted. The guidelines also outline the maximum punishments allowed by law.

Judges consider these criteria when deciding on a sentence, but have considerable room for discretion. That is why you should pick a lawyer who has a proven track record of success for his or her clients.

A judge will normally examine the following factors when deciding on a sentence:

  • Pre-Sentencing Report;
  • The law’s sentencing guidelines;
  • If you have a previous criminal history;
  • If the crime was committed with malice or intent, or if there were mitigating factors;
  • Prosecutor’s stipulated recommendations or conditions as part of a plea bargain.
  • How well you behaved in court (a defendant who is angry and rude may get a harsher sentence than someone who apologizes for his or her actions).

Making an Appeal To Reduce A Criminal Charge

If you believe your sentence was unfairly imposed, you may be entitled to reduce the criminal charge against you. Judges are supposed to be fair in their sentences, and the penalty should be appropriate to the offense.

If any of the following circumstances are met, a sentence may be appealed:

  • It was not carried out following Michigan law, which sets maximum punishments for various offenses;
  • If a judge reviewed factors he was not allowed to consider (for example, past criminal background, which might aggravate penalties); or
  • If you had a plea bargain deal wherein the prosecutor claimed he or she would suggest a reduced sentence but subsequently fought for a harsher one

There are further instances in which you may be eligible to appeal a decision or sentence. It would be ideal if you contacted our lawyers to discuss your specific issue so that we could guide you on the appropriate legal approach.

Our Michigan Criminal Defense Attorneys Are Ready to Defend Your Rights

If you feel your sentence was disproportionate, the Michigan criminal attorneys at Goldman & Associates can assist you. Our attorneys are familiar with the sentencing criteria that judges are expected to follow, and if your sentence was excessive, we provide complete post-conviction legal services to assist you in reducing a criminal charge against you. Contact us or set an appointment today.

What You Can Do If Your Ex Owes Child Support But Child Is Over 18 Now

What Can I Do If My Ex Owes Me Child Support But My Child Is Over 18 Now?

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Learn more about Michigan child support.

The fact that your ex failed to make a child support payment does not absolve him of the responsibility. The amount owed will accrue, just like any other financial responsibility, and your former spouse will still be liable for making overdue child support payments. Usually, child support is paid until a child turns 18, but what if your ex doesn’t pay during that time? Can you still get child support after that?

Here’s what you should know.

Ex-spouse Owes Child Support To Now-Adult Child

Child support arrears may accumulate rapidly and take months or even years to resolve. When the original support duty ends, the child support debt does not go away. Thus, even if your child has reached the age of majority and has a family of his or her own, your ex is still required to pay child support owed when your child was a minor.

However, your ex shouldn’t be paying for any new child support, so ensure that the support you’re asking for is only for the overdue support you’re owed from years back.

Bear in mind that state laws may differ slightly in this matter. For instance, child support may be terminated in some states at the age of 18, while in others it may be terminated at the age of 19, and so on. Some states even consider “emancipated” children to be exempt from paying child support.

Furthermore, some states and courts can change child support payments after the child reaches the age where they no longer need to be supported by the custodial parent. Despite these differences, the rule is that child support must continue until the arrears are paid in full, no matter how old the child is.

Enforcing Action Ex Owing Child Support

It’s no secret that states and the federal government take child support orders seriously. Enforcement officials can suspend or take away driver’s licenses or passports, garnish wages, take tax rebates, put liens on the estate, or even imprison a delinquent parent. These measures can be used even after the child reaches 18, and most states don’t let parents get out of paying child support by filing for bankruptcy.

When your ex-spouse is behind on child support, the state can take several steps to get them to pay what they owe, such as withholding their wages or using their tax refund to pay off their debt. 

The support payments made by your ex continue to be made to you. Your ex can’t file for bankruptcy to get out of paying back child support, and the arrearage won’t go away until it’s paid in full. In some places, you only have a certain amount of time to collect child support payments after your child turns 18. If this is the case, you may have to go back to court and reapply for the child support order.

Immediately Consult a Michigan Child Support Attorney

Collecting child support can be both legally and emotionally complicated. If you have concerns about child support or problems collecting back payments, contact a Michigan child support attorney at Goldman & Associates. Get in touch with us or book an appointment for a free consultation.

What Is Considered A High Net Worth Divorce in Michigan?

What Is Considered A High Net Worth Divorce?

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When a couple divorces, the law requires that all marital assets and liabilities be distributed “equitably.” Inequitable distributions occur when the marital property is divided according to what the court deems reasonable under the circumstances, which does not necessarily result in a 50-50 division.

In cases involving significant assets or a high net worth, the process of appropriately evaluating and distributing the marital estate can be quite challenging. However, doing so is critical in ensuring a fair and equitable result for each separating spouse. If you are considering or in the process of a high net worth divorce, we have the knowledge and expertise to provide you with the holistic legal representation you need.

Key Factors to Consider in High Net Worth Divorces

Property division in high net worth divorces often involves several specific concerns. Property is divided into two categories during a divorce: marital and separate. Marital property is any property acquired by one or both spouses during the marriage, while separate property is any property acquired independently by either spouse before or after marriage. There are several exceptions, however.

In most divorces, separate property is not subjected to equitable division. To obtain a fair settlement, a judge may require that spouse to relinquish separate property to the other spouse if that spouse has much more assets or a higher net worth than the other. Separate property may also be transferred if it is “commingled” with marital assets when the other spouse significantly contributes to the separate property during the marriage.

  • Spousal support ─ When both spouses in a high net worth divorce have significant earnings, the courts are less likely to grant spousal support demands. If the couple’s income or earning capacity differs significantly, the lower-earning spouse may be entitled for spousal support.
  • Child support ─ Children of high-income parents are used to a certain standard of living. When determining child support, judges weigh the child’s best interests as well as each parent’s capacity to pay. As a result, child support payments in high-net-worth divorce situations are frequently higher.
  • Prenuptial agreements ─ When one or both partners in a marriage have a substantial net worth, prenuptial agreements are frequently used. While Michigan courts recognize the legality of a prenuptial agreement, they can also refuse to execute its provisions if a spouse shows the agreement is unjust or was not signed freely.

Accounting Assets in a High Net Worth Divorce

A high net worth divorce is more likely to entail a larger quantity and range of valued and complex assets. A spouse must account for all of the following sorts of assets to achieve equitable distribution in a high asset divorce settlement:

  • Business assets
  • Inheritance
  • Retirement accounts
  • Pension
  • Investments
  • Offshore accounts
  • Multiple homes or income properties
  • Automobiles
  • Jewelry
  • Artwork

Talk to a High Net Worth Divorce Attorney in Michigan Today

If you need astute legal counsel, the Michigan high net worth divorce attorneys of Goldman & Associates are here to assist you. Contact us or set up an appointment to explore the specifics of your high-asset divorce with an expert lawyer who can safeguard your best interests.

How To Modify a Divorce Judgment in Michigan

How Soon Should I Modify My Divorce Judgment?

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Learn more about modifying divorce agreements.

Divorce is a messy and complicated process. When going through a divorce, you must consider your legal rights and responsibilities, the rights of your children, financial concerns, and the emotional impact of the divorce on your family. There are a lot of back-and-forths, you don’t always get what you want, and compromise is often the word of the game. So when it’s through, you just want to move on with your life. However, in some cases, this is not possible.

Circumstances arise that require you to reconsider your divorce agreement and contemplate modifying the conditions. However, because that can be a complicated procedure in Michigan, we’d like to provide some information about what’s involved in modifying a finalized divorce judgment and what it might mean for you.

Modifying A Divorce Judgment

You can amend the terms of your divorce judgment in two ways: file an appeal or request a modification.

A divorced spouse may be able to appeal their final divorce verdict under certain conditions. An appeal may be filed as a matter of right or with the court’s approval and must be filed within 21 days. To appeal a divorce judgment, a spouse must submit an appellate brief stating that the trial court implemented the law erroneously, leading to an invalid divorce judgment. Since this may be complicated, having an experienced family law attorney on your side is essential.

If you and your ex-spouse agree on the adjustments that must be made, you can collaborate to draft a modified agreement. This amended agreement, however, will not take effect immediately and must first be approved by the court. The proposed amendments will be considered by the court in determining whether or not to approve the proposal. If approved, the revisions will take effect immediately. Depending on the circumstances, the court may or may not order a hearing.

If you and your spouse cannot agree on the adjustments, the party seeking to revise the judgment must file a petition with the court. A hearing will be scheduled immediately after this petition is submitted.

During this hearing, the party who sought the modification must show evidence to the judge demonstrating that a significant change has happened warranting a judgment modification. If the court agrees that there has been a significant change in circumstances, the judgment will be revised and implemented immediately.

Common Divorce Judgment Modifications

A divorce agreement covers a variety of topics, some of which are modifiable and others are not. Changes to the following are among the most typical divorce judgment modifications:

  • Child support
  • Child custody
  • Parenting time
  • Spousal support

Child-related provisions in a divorce agreement, including custody, child support, and parenting time, are always modifiable as long as you can demonstrate a change in your situation warranting a revision. Significant changes in conditions may necessitate modifications. Examples of significant changes include:

  • Unemployment
  • Salary increase
  • Salary decrease
  • Changes in custody arrangements
  • Concerns about the safety of the child
  • Increases and decreases in child care costs
  • Physical and mental well being of any parent
  • Remarriage, in combination with other modifications

Both parties have the option of requesting a modification. For instance, the party paying alimony and child support may request that the court reduce their payments, while the party receiving support payments may request that the court raise their payments.

Hire an Experienced Michigan Family Law Attorney Today

Hiring an experienced family law attorney is the best approach to deal with a necessary modification to your divorce judgment. Our skilled family law attorneys at Goldman & Associates Law Firm assist you with every step of the divorce process, even making adjustments later on. Contact us or make an appointment for a complimentary consultation!