You got divorced. A parental time order is in place. Back in the day, the parenting time schedule made sense. It no longer makes sense. The youngsters are older. Co-parent has relocated. Your lives are undergoing important changes for you. You got divorced. A parental time order is in place. Back in the day, the parenting time schedule made sense. It no longer makes sense. The youngsters are older. Co-parent has relocated. Your lives are undergoing important changes for you. What you need to know about post-divorce modifications.
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Your circumstance must be disclosed to your divorce attorney. Talk about the changes you are currently going through. You must identify the nature of these changes. You must persuade the court to reconsider the initial order. You must make clear what is important enough for the court to take into account. Simply because you want changes, the court won’t alter the current divorce orders.
What is a judgment of divorce (JOD)?
A divorce decree, often known as a divorce judgment, is a legally binding document. It is proof that a couple has divorced formally and legally. A divorce decree is created for you by your Michigan divorce lawyer. This draft decree contains information unique to your circumstance. This important document is delivered to the judge after a discussion or mediation. In some cases following a trial. Your divorce will officially be granted by the court upon entry of the verdict. once the settlement has been approved by all parties.
The judge will issue a final order, also known as a divorce decree, at the conclusion of the divorce process. The final order primarily addresses the following issues:
[ a ]�� Visitation and custody of children
[ b ]�� Child support
[ c ]�� Property division
[ d ]�� Spousal support (also called alimony)
The court will make the ultimate ruling following a trial. The court can decide under a settlement agreement reached by the spouses. If the divorce involved a trial, the final order will reflect the judge’s rulings based on the arguments made by the attorneys. If the divorce was amicably resolved, the terms agreed upon by the spouses would be included in the final order.
What are the common issues happening after the divorce decree is signed?
After a divorce is finalized and the divorced parties move on with their lives, things will inevitably change. The initial divorce decree might need to be modified because some of these changes are significant. However, there are situations when one of the parties starts acting uncooperatively and declines to uphold the agreement. Problems with modification and enforcement after a divorce arises.
Your ex-spouse disregards the terms of your divorce judgment. Your ex-spouse has not complied with the property division order (JOD).
You paid a debt that was assigned to your ex-spouse in the JOD.
The JOD ordered your ex-spouse to give you back or transfer particular property, but they have not done so.
The paperwork for the property needed to transfer ownership of a property you won in your JOD is unsigned.
Your ex-spouse relocated the kids out of state.
You got into a car accident. You can’t go to work.
There can be no issues at all. Your circumstances have simply changed. This is a natural thing to happen when you are moving on after a divorce. These changes often include money, though they could also involve other things. It may be necessary to change a support or custody arrangement if:
[ 1 ]�� Your income significantly changes;��
[ 2 ]�� You become temporarily or permanently unable to work;��
[ 3 ]�� Your health or medical needs significantly change;��
[ 4 ]�� You remarry or have a second child;��
[ 5 ]�� Your child’s personal, educational, or medical needs change;��
[ 6 ]�� You are no longer able to fulfill your parental responsibilities, or��
[ 7 ]�� You want to move (change of domicile) with your child.
Clients may learn that a revision to support or custody orders are necessary to protect the parties and children’s best interests months or years after a family law case has concluded. Post-judgment modification is what this is. Agreements that once served you and your ex-spouse or partner well may no longer be valid when your life changes. Nobody anticipates such a deal will stand the test of time.
How can my lawyer help with post-judgment modifications?
The parties may appeal the judge’s decision if it was the final order following a divorce trial. An appeal may be prepared by your attorney. In an appeal, the Michigan Court of Appeals is asked to examine the decision. An appeals court can review the final decision of any legal matter in a divorce. It can include property division.
Only the trial judge’s legal decisions will be subject to review by the Michigan Court of Appeals. It won’t examine empirical findings. A trial judge’s ruling may be reviewed by an appellate court. A ruling to permit an expert to provide testimony. Testimony about the value of a family business during the divorce. You can believe the judge’s assessment of the company was unfair. The appellate court will not question the assessment.
Immediately following the issuance of the final order, an appeal must be filed. You cannot pursue an appeal if the necessity for modifications to your divorce conditions arises after. Discuss with your divorce lawyer what part of the judgment of divorce can be appealed. You cannot challenge a decision made after you and your ex-spouse reached a settlement.
You may ask the court to change the divorce decree at any time following the issuance of the final decision. Almost any justification for revision may be offered in a motion to amend the final order. You sustained an injury at work that permanently reduced your income. You can ask for a change in the amount of your child support and spousal support.��
You need your attorney to deal with an opposing answer to the appeal. In response to your move, your ex-spouse might object to the change or even suggest more changes. This can lead to a drawn-out and expensive process.
It is important, to be honest, and candid with your attorney. Tell your attorney your changing circumstance. Your attorney gets ahead of the facts if you have clarity with the outcomes you want. Be upfront with your attorney about your changing circumstances.
Show the court the circumstances of the family have changed. Your lawyer can frame this appropriately. Make your position eligible for modification of an order or your divorce judgment.��
The court decides it is appropriate to modify a support order. You and your ex-spouse or the court must look into the number again and recalculate. Recalibrate the necessary support amounts in light of your new situation. Like always the best interests of the children take precedence above all considerations. Especially when changing a parenting time or custody agreement.
As for the issues mentioned above. Your lawyer can help you with those too.
[ 1 ]�� You can submit a motion. Enforce the property requirements of your JOD if your ex-spouse doesn’t follow them.
[ 2 ]�� You paid a debt assigned to your ex-spouse in the JOD because your ex-spouse failed to pay it. You can submit a motion to the court requesting that your ex-spouse pay you back.
[ 3 ]�� Your ex-spouse was ordered to return or provide you with the specific property under the JOD and has not done so. You can file a motion. Ask the court to enforce the conditions of the JOD.�� Your JOD’s property provisions may be enforced by the judge in the following ways:
[a] Designating a receiver to take possession of the property in person, keep it safe, or deliver it.
[b] Giving you interest on past-due amounts.
[c] The court finds your ex-spouse in contempt of court and imposes a fine or jail sentence.
[ 4 ]�� The legal documents to transfer title to the property awarded in your JOD. They were not signed by your ex-spouse. You can submit a motion requesting the court to uphold the title transfer.
File a motion through your divorce attorney if your ex-spouse doesn’t follow the terms of the JOD. Ask the judge to enforce certain property, debt, or other stipulations from the JOD.�� You can do it by filling out forms. You can do it by having a lawyer navigate the complexities of the court system on your behalf.
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