A Guide to Post-Judgement Modifications in Michigan

Going through a divorce or dealing with certain aspects of family law requires individuals to settle various issues. After the parties involved reach an agreement, whatever terms they agreed upon must be approved by the presiding judge.

In Michigan, once the judge decrees the terms are in effect, all parties must adhere to them or face legal penalties.

From time to time, factors affecting either party’s ability to adhere to the terms of their decree can change. When this happens, it can create the need for an additional modification to be put in place. This is referred to as a post-judgment modification.

Approved Modifications

If the judgment falls under the purview of divorce or family law, it can be modified later. Judgments are applicable to matters related to spousal support, child support, and child custody.

Why Modify?

All requests for a post-judgment modification must be petitioned to the court. When doing so, the person petitioning the court must prove there is a reasonable circumstance in their life that warrants the modification. Here are some circumstances that could potentially warrant a post-judgment modification:

• When a child is emancipated, and child support is no longer required
• When a child is exposed to domestic violence
• When a child is exposed to severe substance abuse
• When a child is exposed to mental illness that threatens their well-being
• If the party receiving child support no longer requires financial support
• When custody terms are modified to account for altered schedules
• If a party becomes permanently disabled
• If one of the parties loses their job or gets promoted

One rule to keep in mind is that if one party’s financial circumstances change, the agreement will likely need to be modified. This is true whether financial circumstances change in a beneficial or detrimental direction.

For example, if a spouse gets promoted and has a much higher salary, the other party could petition for a modification that could increase the amount paid in child support.

Conversely, if a party loses their job and cannot pay child support until they find a new job, it could be grounds for a post-judgment modification.

Are Modifications Enforced?

If a party is not living up to their end of the agreement, the other party can bring a post-judgment enforcement motion to force compliance. This applies to original judgments and post-judgment modifications.

Once the post-judgment enforcement is approved, the court will move to enforce a solution. For example, if one party was required to sell an asset but failed to do so, the court can appoint someone to remove that asset from their possession and sell it as initially decreed.

Contact Gucciardo Family Law Today

If you require the services of an experienced Michigan attorney for your post-judgment modification in Michigan, Gucciardo Family Law is here to help.

As a dedicated family law firm, we understand the importance and complexities of reaching an amicable solution. We always exercise compassion and precision when engaging with our work. Contact us to schedule an initial consultation.