Modifying Spousal Support
There are ways to modify child support and parenting time, but is there a way to modify spousal support? Today we will be looking into spousal support and what your rights are in The State of Michigan. There are multiple types of spousal support and knowing the difference between all of them will benefit you in the long run. Spousal support is providing financial support to the other spouse after a divorce. These payments are decided by the court, but can you change it or even lower payment?
Permanent Spousal Support 
Is there such a thing as permanent spousal support? Yes, yes there is, permanent spousal support is a payment given to one spouse because they lack the means to support themselves. This will either take the form of regular payments made to the other spouse for the remainder of their lifetime or one “lump sum” payment. This payment will automatically terminate if the receiving spouse dies or remarries.
By definition, the “lump sum” cannot be modified or terminated. The only exceptions are the retirement of the receiving spouse or proof of fraud. At that point, the spouses may end up sharing retirement income or a pension, in which case the support payments will be canceled. Permanent spousal support is more likely to be awarded in long-term marriages, especially if one of the spouses is at or near retirement age and has little in the way of job skills/experience.
So can you modify permanent spousal support? Absolutely, the periodic payments can be modified if you can demonstrate a change in circumstances that occurs after the final divorce decree.
Can Spousal Support Get Reduced In Michigan?
In most cases, spousal support can get reduced based on a change in circumstances or something drastic has changed in your life. The court may order that the support may continue unless there has been a change in circumstance. Let’s say that you used to work 40 hours a week but recently your hours have been cut down to 20 hours a week. If you talk to your attorney and take your new case to the court, the court will look at everything that you have provided and give you a reduction in payments.
If you lose your job do not worry, contact your attorney and give them all the information they need. From there the court will look at your case and lower the spousal support. Your ex spouse should understand that if you lose your job or your hours have been cut that the payments will be reduced. Things like this happen often, it’s important to remember that things will work out and your attorney will help guide you through the process.
How Does the Process Work?
Depending on the case, modifying spousal support can go either way, most times things usually work out but there could be issues that arise from the other party. Either party (paying or receiving) may ask for a modification if modification is permitted for that type of support. The “changed circumstances” must occur after the divorce order is finalized. The burden of proof is on the party seeking modification. Neither ex-spouse may order an entirely new type of support payment that was not part of the original divorce decree.
What can I do to make sure I get the modification that I want, or to make sure my spouse doesn’t get a modification they don’t deserve?
How do you ensure that you get the modification that you deserve and make sure that everything is fair? No matter which side of the modification process you end up on, the advice is largely the same. The most important step is to keep adequate financial records for both yourself and your former spouse (if possible). Your (the paying spouse’s) own records are more important as a modification will typically stem from your own income either increasing or decreasing. Sometimes you might need documents from a third party.
For example, if the receiving spouse is asking for modification because they lost a job, it might be helpful to obtain a document from their former employer stating that they were fired for cause. You might be able to use this to argue that you shouldn’t have to pay more in spousal support because their diminished income was their own fault. At the end of everything the court will decide what happens with the payments and will make sure everyone involved gets a fair outcome.
I want a guarantee that my ex will not modify his/her payments, and I am willing to accept slightly smaller payments in exchange? Is this possible?
Yes, parties to a divorce can modify that support in order to waive their right to modify that support in the future. However, there are certain requirements and limitations on such a waiver. First, the waiver must be contained in the final divorce agreement, or it is not valid. The waiver must be clear and obvious so that there can be no doubt to anyone reading it that the parties are giving up their rights to modify.
The language in the divorce decree must also contain language saying that the spousal support agreement is “final, binding, unchangeable, etc.” Be advised that if the support agreement was the result of a full blown divorce trial on the merits, then the parties cannot waive their modification rights.
Conclusion
Most people think that just because they have permanent spousal support or they are spousal support for years after the divorce that they cannot change it. This is a misunderstanding that hurts thousands of divorced individuals. If there has been a major change in your life, or you can’t afford spousal support payments then contact our attorneys at Goldman and Associates Law Firm. They will help you through the process of reducing or canceling spousal support.
Our attorneys will give you the outcome that you desire, we understand how important this kind of matter is to you. For more information on Spousal Support in The State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about spousal support in Michigan.
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