When Circumstances Change: Post-Judgment Modifications Of A Michigan Divorce Decree
When a couple gets divorced, everything is settled and decided based on that moment in time. However, divorce, by its very nature, is a transition. It is not uncommon for circumstances to change significantly in the years following a divorce. When this happens, sometimes, the changes are significant enough that a divorce decree needs to be amended or revised.
The divorce attorney at Stacy L. Van Dyken, P.C., founded her Grand Rapids family law firm to advocate on behalf of Michigan clients facing divorce and other family law legal challenges. With more than 20 years of experience, Stacy Van Dyken can provide guidance and advice on seeking the modification of an existing court order and revising a divorce decree.
What Types Of Court Orders Can Be Modified?
In Michigan, you can seek a modification for any family court order, as long as certain conditions are met. Court orders that commonly need to be modified include those involving:
- Child custody
- Child support
- Spousal support or alimony
- Parenting time and visitation
You will need to prove that there is a significant change in circumstances that justifies a change in the original court order. If the modification involves changing child support payments or child custody arrangements, then you must also prove that the modification is in the best interests of the child.
In Michigan, When Can You Modify A Divorce Decree?
In Michigan, you can seek to modify a divorce decree under specific conditions and circumstances. Typically, you need to show that there has been a significant change in circumstances since the original court order. This change could relate to:
- Income
- Employment
- Health
- Living arrangements
For instance, if you or your ex-spouse has a substantial increase or decrease in income, that might justify a change in the original court-ordered support amounts. Changes in the needs of your children, such as educational or medical requirements, can also be a reason to seek a modification.
In addition, you have to prove that the modification will be best for the child. The court will review the evidence and make a decision based on the new circumstances. An experienced divorce lawyer can help you take the right steps.
Do You Have To Get A Modification Of A Court Order In Order To Move Out Of State?
If you plan to move out of state with your child, then you generally will need to seek a modification of the court order. If you share joint custody with your spouse, Michigan law requires you to get the court’s permission if either of the following apply:
- You want to relocate more than 100 miles from your current residence.
- You want to move out of state.
The court will consider various factors, including the reason for the move, its impact on the child’s relationship with the other parent and whether the move is in the best interests of the child.
What Is The Process For Modifying A Court Order?
To modify your decree or an existing court order, you have to file a motion with the family law court. Oftentimes, mediation can be helpful in resolving issues and negotiating a manageable settlement between the parties. If a settlement can’t be reached, you will have to present your case to the judge, who will review all aspects before making a decision.
Attorney Van Dyken has decades of experience navigating the Michigan family law courts. If you need to seek a modification of an existing court order, she can provide you with legal guidance and advice based on her extensive knowledge of the applicable laws.
Learn More: Consult A Modification Attorney
If you think you need to seek a modification for an existing court order, attorney Van Dyken offers a no-obligation initial consultation appointment. To learn more or to schedule a meeting, contact her office by calling 616-776-3902. You can also reach her by sending a request through her online form.