How to file for a modification of spousal support? Three key points. The first is to compile data on both your income and expenses. To support the court’s modification motion, provide income details. The second is finding a family law attorney. The process for changing spousal support will be explained to you by your attorney.

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When and how will you modify spousal support? What is required to change spousal support might be determined by your lawyer. To strengthen your case, the lawyer informs you of the change in circumstances. The third point is the submission of the motion for modification. A motion is prepared by your attorney. You incorporate income data and a change in circumstances into the motion. This motion aids in your defense of amendments to the prior spousal support decree.

What is alimony?

A common name for spousal support is alimony. It’s cash given by one spouse to the other. The cash assist with sustaining living expenses throughout and after a divorce. In some situations, spousal support is not necessary. If couples are working, the divorce judgment will frequently remove any remaining financial ties. Especially if each party is competent to provide for oneself.��

Nonetheless, spousal support might be appropriate:

[ a ]�� In long-term relationships like over 10 years.

[ b ]�� In a marriage where one spouse was a stay-at-home parent or housewife.

[ c ]�� If one partner has a genuine physical or mental handicap. The disability or a handicap prevents an ex-spouse from working full-time.

[ d ]�� When the parties’ incomes are drastically disproportional.

[ e ]�� If one spouse was mostly in charge of looking after the children both before and after the divorce.

The type of support that is best suitable for your situation will be determined by the court. Only when the divorce is still proceeding is temporary support given. In Michigan, there are three categories of spousal support:

[ a ]�� Periodic. Given over a specific period in equal installments.

[ b ]�� Permanent. Paid for a lifetime.

[ c ]�� Lump-sum. Paid in one go.

Temporary support.

During the divorce procedure, some partners might not be able to support themselves. The court can order temporary support. Either party may request temporary support when filing for divorce. Only if it is required will the judge make it available. The court refers to temporary support as “status quo” payments. Your spouse might have paid installments on car, utility, and mortgage bills. Even after you apply for divorce, the court may still order that they do so.�� The court may also grant interim support on top of the status quo payments. It is available if there is a need and a significant income gap. Temporary support orders and interim support end when the court grants the divorce. After that, the court gives a new support order. Include the interim award in the decision’s ultimate judgment.

Periodic support.

In Michigan, periodic support is the most common type of financial help. A court may grant rehabilitative support for a short time. The court can also offer that support for a prolonged period. This is granted when one partner is capable but could not provide for themselves immediately. Periodic support is commonly needed on an ongoing basis. To raise a family, one spouse might have given up their job. A spouse aided in the professional development of the other. Periodic spousal support may be granted by the judge until the recipient has time to acquire job-related abilities. The ex-spouse can finish a degree. It will support that spouse’s financial independence.

Permanent support.

Permanent spousal support is getting harder to find in Michigan. Only in cases where the couple has been married for a considerable amount of time is it allowed. And only if the partner receiving the benefit is unable to secure a stable financial future. The recipient spouse may not be financially independent. It can be due to their age, health, or disability.

Lump-sum support.

When one partner is financially capable, lump-sum support is appropriate. The spouse can pay the full support award all at once. Lump-sum support is in the form of personal assets or real estate. There is no ongoing obligation with lump-sum support, which is a benefit. The spouse with means can avoid making periodic payments. Pediodic which translates to biweekly, monthly, or yearly payments to the ex-spouse. There is one problem. The paying partner provides an initial financial or material contribution. This support could take the shape of a high-value asset.

The judge gives a Uniform Spousal Support Order, or USSO, which is a special order. When spousal support is approved, the court gives a USSO. The terms of spousal support are defined by the USSO. This addresses the sum to be received, the time frame, and the mode of payment.

The divorce judgment stipulates spousal support is due for a predetermined period. The amount is modifiable in the event of a change in circumstances. A recipient can marry or live with another individual as an economic unit. In such cases, spousal support usually comes to an end. In most cases, spousal support is deductible by the payer and taxed as revenue to the recipient. A uniform spousal support order and the divorce judgment both contain provisions for spousal support. It is the same as a child support order. It can be the foundation for wage garnishment.

Under what circumstances can you modify spousal support?

Circumstances can change for both you and your spouse. Your life may be affected by a variety of factors. Your financial situation can change in a big way. It can be because of new jobs, new relationships, moving to a new town, and other issues. The spousal maintenance or alimony order made by a divorce court may no longer be suitable. It is no longer working for you and your ex-spouse’s circumstances.��

What are these circumstances providing grounds for spousal support modifications?

You must submit a post-judgment petition to modify spousal support. You may need to lower the amount you pay or raise the amount you receive. Consider modifications if any of the following situations apply to you:

[ a ]�� A change in employment where the payor earns less money or where the recipient earns more money;

[ b ]�� One of the parties or spouses retires;

[ c ]�� A medical disability brought on by a health problem that makes it difficult for either party to work;

[ d ]�� One of the parties’ passing;

[ e ]�� One of the parties remarries;

[ f ]�� Cohabitation by one of the parties. The ex-spouse is residing in a home with another person for an extended period. The cohabiting couple is splitting customary daily expenses; and,

[ g ]�� Other elements that the judge may take into account on a case-by-case basis.

Any order a judge may have made in the initial action, including alimony, may be revised and altered by the court. The court acts on it upon a party’s petition. Any of the parties can request to enhance, diminish, or stop spousal support payments. It can be made by either the payor or the recipient.

How do you file a spousal support modification?

Any of the parties in the divorce case can file a petition for the modification of spousal support. The petitioning party must prove a change in circumstances or brand-new facts. You must show the significant changes that occurred after the initial divorce judgment. You must establish a legal foundation for modification. Gather and put together evidence of these significant changes. You may need to include a copy of the judgment of divorce. Have your lawyer look over the judgment of divorce. Your lawyer can check if your spousal support is modifiable.��

According to Michigan law, the court must hold a hearing after receiving the petition. The hearing determines whether post-judgment alimony modification is appropriate. The court gives the opposing party a chance to respond. To support their claims, each side is free to offer evidence, witness, and arguments.

A Michigan court can amend the terms of spousal support when circumstances change. The court can as long as the parties haven’t already agreed on a Consent Judgment of Divorce. The agreement can make it non-modifiable. Spousal Maintenance should always be in the divorce judgment. The terms of the award of spousal support must be specified in the divorce judgment. These terms must include the amount of support and how long it will be granted. It will also provide if anything, other than the recipient’s death, would cause it to stop. This can mean a remarriage or cohabitation with someone of the opposite sex.

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