You want the amount of alimony to increase. In the majority of judgments, the court specifies that the alimony is to be paid in the amount of X until further order. The order is frequently left open by the court. There is always the option to revert and claim that the situation has changed. An increase of alimony is permitted due to the person’s compelling change in circumstances. To determine the extent of the change, the court holds a hearing. Check to see if the change is significant enough to call for modification. The court then makes the necessary ruling. When your motion is rejected, what will you do? What to do after a denied request to increase alimony?
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You must comprehend the grounds behind the rejection. If it was rejected due to a procedural reason, it can still be cured. You might not be granted reconsideration. The court rejected your motion under the rules and considerations. Only if you include a new component in your application for reconsideration is it possible. or fresh information that wasn’t known before. It will just require filing, followed by a decision. Do you want to appeal to the Court of Appeals? Always feel free to consult your Michigan Alimony attorney. Your attorney will explain if it is worthwhile for you to file an appeal.
What is an ideal outcome for an alimony case?
We have talked for so long about being fair. We have written about the Michigan courts being equitable in their judgments. We have also mentioned your attorney helping you. Your attorney is supposed to share your vision of achieving outcomes. Can you even imagine what an equitable outcome looks like? We put together a logical approximation of what an ideal alimony case should achieve.
The recipient’s spouse should have adequate support.
The goal of spousal support is not to be lavish. It is meant to cover the most important necessities. For the majority, it involves paying for housing, food, and clothing. Alimony must also pay for necessary medical care. Without adequate support, a spouse will struggle to achieve their fundamental necessities. Poverty could result from this. Hunger and homelessness may come from it. The court is aware of these potential problems. Alimony is often granted in an amount that guarantees the recipient spouse has adequate financial support.
Affordable payments for the spouse who is paying alimony.
The spouse who is paying alimony should be able to afford the payments. Paying alimony should be causing undue hardship on the paying spouse. The payments should not prevent the spouse from being able to meet their own basic needs. It should not prevent the paying spouse from saving up for retirement. It is possible that the spouse is unable to afford the payments. The court can reduce the amount of alimony. Even terminate the alimony altogether.
A sense of fairness for both spouses.
The parties must feel that their concerns were heard. They were addressed with care. They must believe whatever terms were arrived at were from a process they trusted. A result of an honest collaboration. A product of their contribution. They must see the end result as fair.
A plan for the termination of alimony.
The alimony arrangement should include a plan for termination. It should set the number of years. Mark a specific event, such as the remarriage of the spouse who is receiving alimony. This will help to ensure that both spouses know what to expect in the future. The alimony arrangement may not have a plan for termination. The spouse who is receiving alimony may continue receiving alimony indefinitely. This could be unfair to the spouse who is paying alimony. The paying spouse may not be able to afford the payments for an indefinite period of time. Part of the settlement must be a plan for termination in the alimony arrangement. Both spouses can have peace of mind knowing that the arrangement will eventually end.
Other outcomes to expect.
Aside from those mentioned above, there are unmeasurable outcomes worth mentioning here.
- A sense of closure. After a divorce, it is important for both spouses to be able to move on with their lives. An ideal alimony arrangement helps in this process. The spouse who is receiving alimony can get back on their feet. They can focus on the future. Put the pain behind you. Start building a life.
- A positive relationship between the spouses. It may not be possible to keep a positive relationship with your ex-spouse after a divorce. Try to do so. This will make it easier for both of you to co-parent your children (if you have any). Cooperate on other matters that may arise after the divorce. Like we always say, you may not be spouses anymore but you’re going to be parents until your children get to be 18.
The parties will typically be encouraged to negotiate by the court. Find a mutually agreeable solution to the alimony issue. It’s possible that the parties won’t be able to agree. The considerations mentioned above can always be used by the court to decide how much alimony to give. Keep in mind that things can always be changed. Consult with your Michigan Alimony attorney about it.
What are the grounds for denying a motion for alimony modification?
You want the court’s alimony decision modified. Submit a motion. The court then considers your motion. Decide whether to accept it. For a variety of reasons, a motion to modify support may be denied. Some of the most frequent explanations for rejecting a motion for support amendments are listed below:
The situation has not significantly changed.
To justify a revision in the alimony, the conditions must have changed considerably. It is unlikely that a small increase in the paying spouse’s income will be sufficient to justify a reduction in alimony. Sample of situations that might not be considered a significant change in circumstances:
- A small increase in the paying spouse’s income.
- A small decrease in the needs of the spouse receiving alimony.
- A change in the paying spouse’s job does not result in a significant change in income.
- A change in the spouse receiving alimony’s health that does not result in a significant change in needs.
The asking spouse caused the change in circumstances.
The spouse receiving alimony decides to go back to school. This could be considered a change in circumstances. It could justify an increase in alimony. A spouse receiving alimony decides to go back to school to get a degree. Took a degree in a field that is not likely to lead to a high-paying job. The court may be less likely to grant the motion. The requesting spouse could have reasonably foreseen the change in circumstances. The spouse receiving alimony decides to quit their job to start a business. The court may be less likely to grant the motion. The spouse could have reasonably foreseen the business would not be successful. Here are factors determining whether the requesting spouse caused the change in circumstances:
- The reason for the change in circumstances.
- The timing of the change in circumstances.
- The spouse’s ability to reasonably foresee the change in circumstances.
The requesting spouse has not made a good-faith effort to become self-supporting.
Before modifying alimony in Michigan, the petitioning spouse must demonstrate that they have made a sincere effort to support themselves. The reason for this is that the court does not want to reward couples who are happy to depend entirely on alimony. The seeking spouse must make an attempt, according to the court. Prior to modifying alimony, they must achieve self-sufficiency. The spouse making the request should be actively seeking employment. doing actions to boost their ability to earn. The court won’t need the requesting spouse to be completely self-supporting. The spouse has to show they made a good-faith effort to become self-supporting. That they are capable of becoming self-supporting soon. The court can find that the requesting spouse has not made a good-faith effort. Have not tried to become self-supporting. The court may be less likely to modify the alimony award. The court will find out if the requesting spouse made an effort to be self-supporting. Use certain factors to assess the requesting spouse including the spouse’s:
- Education and work experience.
- Job search efforts.
- Efforts to increase their earning capacity.
- Financial resources.
The alimony modification would be unfair to the paying spouse.
The court also takes into account whether the modification would be unfair to the spouse who is making the payment. The paying spouse just retired. Their earnings have considerably dropped. The court could be hesitant to change alimony to enhance the amount of support.
Your motion for alimony modification can be denied. You may be able to appeal the decision. It can be disappointing to note that appeals are not always successful. You should speak to an experienced family law attorney if you’re thinking of filing an appeal.
How do you file a motion for spousal support modification?
You must submit a motion to the court in order to request a modification of your alimony award. The court will next determine whether to approve your motion after giving it some thought. The procedures for submitting a motion to modify spousal support in Michigan are as follows:
File a petition with the court.
The court where the initial alimony order was imposed must receive the petition. The following details must be included in the petition:
- Your name and the name of your ex-spouse
- The date of your divorce
- The amount of alimony that you are currently receiving
- The change in circumstances that you are requesting the court to consider
- The relief that you are requesting from the court
Serve the petition on your ex-spouse.
You must serve your ex-spouse with the petition. You must personally serve your ex-spouse with the petition. You have a choice of having a process server do it. You can read about this procedure in The Michigan Rules of Civil Procedure.
- Personal Service. In Michigan, you must personally serve the petition to the other spouse. Serve it on someone who lives with them and is at least 16 years old. If the other spouse cannot be found, you can leave the petition with a responsible person at their last known address.
- Service by a Process Server. You can employ a process server if you don’t want to serve the petition yourself. A qualified individual who is authorized to deliver legal documents is known as a process server. Usually, they will bill a fee for their assistance.
Attend a hearing.
Once the petition has been served on your ex-spouse, the court will schedule a hearing to consider your motion. At the hearing, you will have the opportunity to present evidence and testimony to support your request for a modification. Your ex-spouse will also have the opportunity to present evidence and testimony.
- Evidence. The evidence that you can present at the hearing will vary depending on the specific circumstances of your case. However, some common types of evidence that you may want to present include Financial documents, such as tax returns, pay stubs, and bank statements; Medical records; Employment records; Letters from friends, family, or professionals.
- Testimony. You will also have the opportunity to testify at the hearing. Your testimony should be clear, concise, and persuasive. You should focus on the specific reasons why you believe that the alimony award should be modified.
- Your Ex-Spouse’s Evidence and Testimony. Your ex-spouse will also have the opportunity to present evidence. Deliver testimony at the hearing. They may present evidence that is similar to the evidence that you have presented. They can present evidence that challenges your evidence.
- The Judge’s Decision. The court hears the evidence and testimony from both of you. The judge will make a decision about whether to modify the alimony award. The judge will consider all of the evidence and testimony. Refer to the law. Then proceed to make their decision.
The court will make a decision.
After the hearing, the court will make a decision on whether to grant your motion. The court will consider the following factors when making its decision:
- The change in circumstances that you have alleged.
- The impact of the modification on both you and your ex-spouse.
- The public policy considerations underlying alimony law.
What happens if I proceed with an appeal for a denied alimony increase request?
You’ve been advised by your lawyer that the appeal process can be tedious and costly. Assuming the cost does not elicit objections from you, here’s how it’s going to go with the appeal.
An appeal.
An appeal is a legal proceeding asking a higher court to review the decision of a lower court. In Michigan, an appeal would involve asking the Court of Appeals to review the decision of a trial court. You are appealing a denied request for increased alimony.
- First, submit a notice of appeal within 21 days of the date of the trial court’s decision.
- Second, file an appellate brief. This is a document explaining why you believe the trial court’s decision was wrong.
- Third, pay an appeal bond. If you are appealing a denied request for increased alimony, you will need to post a bond with the appellate court. The bond is to guarantee that you will comply with the appellate court’s orders. You can post the bond with the clerk of the appellate court or with a surety company. If you cannot post a bond, you may be able to ask the appellate court to waive the bond requirement. However, the appellate court is not required to waive the bond requirement, and they will only do so if they are confident that you will comply with their orders.
Understanding the Court of Appeals.
The Court of Appeals reviews the record of the trial court proceedings. This includes all the documents that were filed with the trial court. These would be the complaint, the answer, the discovery requests, and the trial transcripts. It also includes the evidence that was presented at trial, such as witness testimony and exhibits. If you are considering appealing a denied request for increased alimony:
- The Court of Appeals will only review the legal errors made by the trial court. They will not review the facts of your case.
- The Court of Appeals is more likely to reverse the trial court’s decision if you have a strong case. You have to present your case effectively.
- The appeal process can be time-consuming. It can be expensive. You should be prepared to invest significant time. Spend more money if you decide to appeal.
Boost your chances of winning your appeal.
Try this. To start with, make sure your case is compelling. You ought to have convincing proof. Show how your situation has altered since the alimony decision was made. Prove that you require more money to meet your needs. Second, you ought to retain a knowledgeable Michigan Alimony attorney. You require a specialist to assist you in preparing your appeal. Defend your position in front of the Court of Appeals. Consult a family law attorney with experience as soon as you can. You can evaluate your case with the aid of a lawyer. Decide if filing an appeal is the best course of action for you.
If your motion for spousal support modification is granted, the court will issue an order modifying the alimony award. The order will specify the new amount of alimony that you will be receiving. Your motion for spousal support modification can be denied. You may be able to appeal the decision. Appeals don’t always work. You should review your case with an accomplished family law attorney if you are thinking about pursuing an appeal.
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