POST-JUDGMENT ISSUES IN MICHIGAN

Post-Judgment Issues in Farmington Hills, MI

After your divorce case is concluded, you may need an attorney to enforce support or property provisions. You may also want to modify child custody or parenting time. Sometimes your former attorney missed or left unresolved issues for another lawyer to handle. In other cases, circumstances have changed. Our recommendation is to make every effort to resolve the issue(s). If we can assist you in an amicable resolution without having to involve the court system that is our top priority. At this stage, you are aware of the cost, both financially and emotionally, and you are painfully aware of the need for peace for you and your child(ren).    
After your divorce case is concluded, you may need an attorney for the enforcement of support or property provisions. You may also want to modify child custody or parenting time. Sometimes your former attorney missed or left unresolved issues for another lawyer to handle. In other cases, circumstances have changed. Our recommendation is to make every effort to resolve the issue(s). If we can assist you in an amicable resolution without having to involve the court system that is our top priority. At this stage you are aware of the cost, both financially and emotionally, and you are painfully aware of the need for peace for you and your child(ren).   

How Are the Judgments of Divorce, Custody, Parenting Time, or Support Enforced?

What happens when one party fails to obey decisions regarding child custody, parenting time or refuses to pay child support. If you have attempted all forms of resolution aggressive action must be taken through an attorney. Call us for a consultation and we will review your options. At the end of the consultation, we will provide you with a comprehensive plan of action to take with you. 

How Is a Judgment of Divorce Modified? 

If you desire to modify a property issue, there are very specific laws governing this area. Generally, property issue(s) are re-opened only for fraud, mutual misstate, or other unforeseen circumstance. The re-opening of these type of issues are limited by time. If you think you have an issue, we are happy to discuss it with you. The next step would be a consultation to review your options.
Spousal support may, or may not be modifiable depending on what was agreed to in the Judgment of Divorce. Spousal support awards which are modifiable are only modifiable based upon a change in circumstances. There is no bright-line rule, and it is the judge who determines if spousal support is modifiable and if so a hearing is conducted. At the conclusion, the judge may leave the award the same, or modify the award up, or down. If you think spousal support modification may be in your future contact us for a consultation as soon as possible. We will provide you with a sound strategy that may prevent court action, or better prepare you for when and how you move for the change.
Child support can be reviewed every two years. Child support may also be modified upon a change in circumstances. A rule of thumb is whether your income picture (i.e. your daycare cost may have reduced) has changed by 10%. A modification can be filed at the Friend of the Court by a parent, or an attorney can go directly to the court. Call us to determine your next steps.
Child Custody/Parenting Time may also be modified upon a showing of a change of circumstances. As you can imagine, the factors are much more subjective and thus, harder to prove. We strongly recommend you contact us for a consultation. Strategy and fundamental planning are critical if you are serious about a change in this area.
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