Alimoney/Spousal support – (248) 588-3333 – Modifying Spousal support
.
.
Modifying Spousal Support:
What are the rules for modifying spousal support? What does “changed circumstances mean”?
Either party (paying or receiving) may ask for a modification if modification is permitted for that type of support. ny change must be justified by proving a “substantial change in circumstances”. The “changed circumstances” must occur after the divorce order is finalized. The burden of proof is on the party seeking modification. Neither ex-spouse may order an entirely new type of support payment that was not part of the original divorce decree.
What kinds of Alimony/support are there?
In Michigan family court you are likely to see one of three types of payments: permanent (periodic or lump sum), rehabilitative, and reimbursement. Which type you encounter depends on a number of circumstances such as the relative incomes of the spouses as well as the role both played in the household leading up to the divorce.
What is “permanent” support? Can it be terminated?
Permanent Support is a payment given to one spouse because they lack the means to support themselves. This will either take the form of regular payments made to the other spouse for the remainder of their lifetime or one “lump sum” payment. This payment will automatically terminate if the receiving spouse dies or remarries.
By definition, the “lump sum” cannot be modified or terminated. The only exceptions are the retirement of the receiving spouse or proof of fraud. At that point the spouses may end up sharing retirement income or a pension, in which case the support payments will be canceled.
Permanent spousal support is more likely to be awarded in long term marriages, especially if one of the spouses is at or near retirement age and has little in the way of job skills/experience
Can “permanent” spousal support be modified?
The periodic payments (not the “Lump sum” version) can be modified if you can demonstrate a change in circumstances that occurs after the final divorce decree.
As such, if you desire or anticipate attempting to challenge, terminate, or modify spousal support; then the periodic payment plan is preferable to the lump sum.
What is “Rehabilitative” support? Can it be terminated?
This is a “periodic” payment made for a limited time so that the other spouse can gain the skills to become self-supporting.
Due to its temporary nature, rehabilitative periodic spousal support is relatively easy to terminate. All the paying spouse has to do is persuade the judge that their former spouse is rehabilitated and can take care of themselves. This type of support terminates automatically when the receiving spouse gets remarried or if either spouse dies. This makes sense given that this support is meant to give that spouse help that the now estranged former spouse was giving them. Once the receiving spouse gets remarried it is assumed that their new spouse is now giving that support.
Can “rehabilitative” support be modified?
The conditions for modification are the same as permanent support. Proof that the other spouse has gained the necessary skills would obviously count as a “substantial change in circumstances”.
What is “Reimbursement” support? Can it be terminated?
A reimbursement support payment is sometimes ordered by the court when there is a situation where one spouse supported the other while they earned a degree or a professional license. The amount is based on how much help the supporting spouse gave, not the value of the degree license.
Due to the fact that it is a one-time payment, this type of support may never be terminated and can be inherited by someone else upon the receiving spouse’s death. It will also be paid even in the event of the paying spouse’s death.
Can “reimbursement” support be modified?
Once ordered, this payment can never be modified or terminated. This is because it is a one-time payment reimbursing your spouse and is not based on changed circumstances.
I want a guarantee that my ex will not modify his/her payments, and I am willing to accept slightly smaller payments in exchange? Is this possible?
Yes, parties to a divorce can modify that support in order to waive their right to modify that support in the future. However, there are certain requirements and limitations on such a waiver. First, the waiver must be contained in the final divorce agreement, or it is not valid. The waiver must be clear and obvious, so that there can be no doubt to anyone reading it that the parties are giving up their rights to modify. The language in the divorce decree must also contain language saying that the spousal support agreement is “final, binding, unchangeable, etc.” Be advised that if the support agreement was the result of a full blown divorce trial on the merits, then the parties cannot waive their modification rights.
What can I do to make sure I get the modification that I want, or to make sure my spouse doesn’t get a modification they don’t deserve?
No matter which side of the modification process you end up on, the advice is largely the same. The most important step is to keep adequate financial records for both yourself and your former spouse (if possible). Your (the paying spouse’s) own records are more important as a modification will typically stem from your own income either increasing or decreasing. Sometimes you might need documents from a third party. For example if the receiving spouse is asking for modification because they lost a job, it might be helpful to obtain a document from their former employer stating that they were fired for cause. You might be able to use this to argue that you shouldn’t have to pay more in spousal support because their diminished income was their own fault.
.
.
Click link to schedule a free case evaluation:
https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=13607154
For more information visit our website: https://www.akivagoldman.com/
You can give us a call for a FREE phone consultation at (248) 588-3333
For additional information please click here: https://www.akivagoldman.com/michigan-family-law-attorney/alimony/
#Michiganlawyers #Divorceattorney #Michigandivorcelawyer #Goldmanandassociates #Goldmanandassociateslawfirm #MacombCounty #OaklandCounty #WayneCounty #Detroit #DivorceLawyer #SpousalSupport