Family court orders are legally binding, and enforceable against both parties soon after their entry. But they don't always fit the parties' needs as circumstances change. That's why they can also be changed by the courts. The Michigan family law attorneys at Bebout, Potere, Cox & Bennion, P.C., know when and how to go about modifying a court order when your family's circumstances and needs change.
How to Modify a Custody and Parenting Time Order
Child custody and parenting time are always modifiable based on “proper cause or a change in circumstances.” If something has happened that will affect your children's best interests, you may be able to ask the Court to re-evaluate custody and parenting time. How big that change must be depends on how much you are modifying a court order.
- To remove a condition on parenting time (such as supervision, therapy, or transportation requirements), you must show it is no longer in the child's best interests.
- To adjust parenting time changes normal to everyday life, such as a child changing schools, participating in extracurricular activities, or a parent getting a new job, can be enough.
- To alter the child's established custodial environment, you will need to demonstrate proper cause or a change in circumstances that will materially affect your child's best interests.
One the appropriate threshold is met, the Michigan family court may refer your case to the Friend of the Court for an investigation, mediation, or referee hearing, and then hold an evidentiary hearing to assess the child's best interest.
Requesting a Recalculation of Child Support
Child support is also modifiable based on changes to the income of the parties, the needs of the child, or the amount of time the child spends with each parent. When seeking to modify child support, any new child support order will generally only date back to the day you file the motion to modify, so it is a good idea to act quickly after circumstances change to avoid arrearages piling up or paying more than your fair share of your child's expenses.
Parental Relocations
When parents move away – whether for work, school, or other opportunities – it can put a strain on a custody and parenting time schedule. Children may face long hours in the car to visit their non-custodial parent. Depending on the distance, weekly parenting time may simply become impossible due to the children's school or extracurricular commitments. When you are considering a move out of state or (in many cases) more than 100 miles away, you may need to file a motion to allow a change of domicile for your children and to alter the custody and parenting time order to reflect the new reality.
Modifying a Spousal Support Order
Spousal support is usually modifiable as well based on changes to the parties' needs or ability. There are two ways that spousal support orders generally get modified:
- When a condition such as remarriage or cohabitation included in the Uniform Spousal Support Order or Judgment of Divorce occurs terminating support
- When circumstances change in a way not anticipated at the time of the divorce (such as the payer losing his or her job) justifying an upward or downward adjustment
The only exception is when you and your spouse have entered a consent judgment of divorce specifically agreeing to non-modifiable support. In that case, neither party can ask for the number to change after the fact.
Modifying Property Divisions After a Judgment of Divorce
The hardest form of modifying a court order comes when you are seeking to modify the property division provisions in a judgment of divorce. In general, if you and your spouse signed a settlement agreement, the Michigan family court will enforce that agreement as written, and you will not be able to modify it after the fact.
However, if performance of a specific part of the Judgment of Divorce becomes impossible due to something beyond either party's control, you may be able to ask the Judge to adjust the language of the order to resolve any dispute. For example, if the Judgment of Divorce requires the marital home to be refinanced, but the bank declines a spouse's application for a loan, you may be able to file a motion to modify the judgment to award the other spouse equitable funds from another source, give the borrower spouse more time to find a lender, or require the home to be sold.
Modifying a Court Order Without Going to Court
In some cases, modifications can be agreed upon by both parties and submitted to the court for approval. For example, co-parents may agree to adjustments to their parenting time schedule, or parties may stipulate to extensions in executing a judgment's property division. However, for a change to be official and enforceable, it needs to be accepted by both parties and entered as a new, modified court order.
Get Help Modifying a Court Order from a Michigan Family Lawyer
At Bebout, Potere, Cox & Bennion, P.C., we care about you and your family. We help individuals and families in Rochester Hills, Rochester, Troy, Lake Orion, Oxford, Oakland County, Macomb County and throughout Southeast Michigan. We can help you modify your Judgment of Divorce or custody or support order to reflect your family's needs. Call us at 248-651-4114 or contact us here to speak to an attorney.