Post-Judgment Modifications Attorney in Clinton Township, Michigan
When getting a divorce, a couple must settle a number of marital issues before the spouses part ways. A marital settlement agreement sets out the terms of the divorce that both spouses must follow after the dissolution of the marriage. However, the law also recognizes that everyone’s situation can change, which is why the things you agreed on when ending your marriage may no longer be appropriate for the parties.
If your circumstances have changed since the time you got a judgment, your situation may call for a modification. Seek legal counsel from an experienced family law attorney to assist you with seeking a post-judgment modification in your particular case.
At Bowden Law, PLLC, I help clients with all types of family law modifications, including modifications to the divorce decree, child support, child custody, and spousal support agreements. With an office in Clinton Township, Michigan, I represent clients throughout the neighboring area, including Sterling Heights and Macomb County.
What Is a Post-Judgment Modification?
As the name suggests, the term “post-judgment modification” refers to a modification after a judgment. Thus, you may be able to seek changes to your child support, child custody, or spousal support order after a judgment has been entered.
In Michigan, you can seek a modification of an existing court order regarding the following:
Child custody. Any parent or child may experience changes in their lives following a divorce. Some of these changes may warrant modifications to child custody orders.
Child support. When a parent’s financial situation changes or child expenses increase/decrease, either parent may seek a modification to child support.
Spousal support. Parties may also seek a post-judgment modification to spousal support when they experience certain changes in their personal or financial situation.
If you want to request a post-judgment modification or have been served with a motion to modify, seek legal advice from an experienced family law modifications attorney in Clinton Township, Michigan.
How to Win a Post-Judgment Modification
Just because you can request a post-judgment modification does not mean that the requested modification will be granted by the judge. The judge will analyze your particular situation to determine if you have valid grounds to modify your existing order. Circumstances that may warrant a modification differ depending on whether you are seeking to change a child support, child custody, or spousal support order:
Child support. Under Michigan law, either parent can request a modification to child support if there has been a substantial change of circumstances, such as the loss of a job, a significant decrease/increase in pay, demotion, promotion, disability, or others.
Child custody. In post-judgment modification cases regarding child custody, Michigan law requires the requesting party to prove that the proposed change would be in the best interests of the child. Some of the changes that may warrant a modification of a child custody order include relocation, change in the parents’ schedule, change in the child’s needs, either parent’s refusal to follow the custody terms, and the child being in danger.
Spousal support. Whether you believe that you are paying too much or receiving too little, you may be able to file a motion to modify the existing spousal support order. Changes in the financial or personal situation may warrant a post-judgment modification (e.g., the loss of employment). In addition, your spousal support order may also spell out other circumstances that may warrant a modification, such as remarriage or cohabitation.
There are numerous factors that family law judges in Michigan consider when deciding whether or not to grant a requested post-judgment modification. Contact a skilled attorney to discuss your situation and determine if your circumstances warrant a modification.
If you are considering seeking or defending against a post-judgment modification, you need to understand the modification process to know what to expect. The modification process begins with one party filing a motion to modify. The next step is to serve the responding party with a copy of the motion.
Prior to filing a motion to modify child support, child custody, or spousal support, speak with an attorney to determine if you have grounds to obtain a favorable outcome. Your attorney will help you prepare the motion, submit it to the court, and represent your best interests at the hearing.
Additionally, contact a family law modifications attorney if you need help opposing the motion filed against you. Either way, you and your attorney will need to gather all available pieces of evidence to prove your case. As a family law attorney at Bowden Law, PLLC, I can walk you through the modification process and help you pursue a positive outcome.
Post-Judgment Modifications Attorney in Clinton Township, MI
Whether you need to request or oppose a modification of child custody, child support, or spousal support in Clinton Township, Michigan, or surrounding areas in Michigan, I can help. As a family law modifications attorney at Bowden Law, PLLC, I can explain your rights and provide you with the guidance you need. Schedule a free consultation today to discuss your case.