This is the situation. There is the judgment, which separates everything. It divides the assets and liabilities and deals with child custody, parenting, support, and other issues. Can I modify my alimony post-judgment?
Yes, it can be modified.
Before you can change it, a number of conditions must be satisfied. As a result, if you file this motion to modify and decide that you do not want to pay the fee. The court might not find such adjustments acceptable. You don’t want to pay alimony, and the court already knows that. When the order was made, the court was aware of this.
You will discover that your condition has significantly changed, and your motion must demonstrate these significant changes. These determinations will be made by the court, which may also recognize that circumstances have altered since the order.
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Now, the likelihood that the court will amend a judgment is higher if major changes in circumstances occur years after the ruling than if they occur a month after it. The court can presume that the parties should have known about a situation that occurred a month later.
In other words, although your job loss may have been unexpected, it was probably anticipated when the terms were agreed upon.
The likelihood that conditions might change increases the further away from the divorce ruling you are. Life might interfere. The court could decide to adjust the alimony in that case.
What Is Alimony?
If you’re thinking about getting a divorce or your spouse has already filed, you probably want to know how to reduce your financial stress. If one spouse can show a financial need and the other spouse has the means to pay, Michigan allows that spouse to obtain spousal support commonly known as alimony.
The overall property division in a divorce includes spousal support. A property settlement can be negotiated between you and your spouse. This includes spousal support obligations, such as who will pay it and how much.
Spousal support’s goal is to make sure that both spouses can meet their financial obligations during and after a divorce. Your unique situation will determine the quantity, regularity, and length of the support. If you and your spouse agree on an amount and duration for spousal support, the court will uphold that decision as long as it is fair to both parties. This is true for the majority of divorce-related concerns.
The court might not be inclined to award alimony if the marriage only lasts for less than 20 years. By doing this, a certain level of life is preserved for both couples. If a substantial income was generated during the marriage but there was also a sizable debt load, the sustainability of alimony may be put in jeopardy.
There is no set formula that will determine whether you will receive spousal support or how much, unlike child support. Case-by-case considerations go into determining spousal support.
When Can You Modify Spousal Support?
As long as you haven’t given up the option to request a change, alimony can always be changed. A clause stating that the spousal support provision is legally enforceable and thus unmodifiable might be included in a divorce ruling.
Alimony can be classified as either modifiable or non-modifiable. Spousal support is modifiable if the case is not settled before trial and goes before a court, who awards spousal support. Only with the parties’ consent can a judge impose modifiable alimony. Basically, following the divorce, alimony that is modifiable may be changed if circumstances change.
The court may order support that must be paid in a predetermined sum for a defined number of years or months and cannot be adjusted under any circumstances if the divorcing spouse agrees to non-modifiable alimony during mediation or settlement proceedings.
Unfortunately, if you have non-modifiable alimony and want to change what you are paying or getting, non-modifiable alimony implies that you cannot change it and are stuck with it no matter how many changes may have happened since the divorce.
If you have alimony that is modifiable, there may be events like retirement or other major life changes that meet the criteria for the court to immediately consider adjusting the amount of support.
You must first persuade the court that there has been a material change in circumstances that justifies reevaluating the alimony or spousal support order if your decision does not specify specific events. If you can convince the court that such a change has taken place, the court may reevaluate the amount of alimony and may change it to a larger monthly payment or a lower monthly payment depending on the parties’ current circumstances.
How Can You Modify Spousal Support?
The judge issues a special order known as a Uniform Spousal Support Order (USSO) whenever spousal support is granted. The conditions of the spousal support award are stated in the USSO. This covers the amount to be paid, the duration, and the method of payment. You might be able to get the initial court ruling modified if you think you are paying too much spousal support or receiving too little.
You must first submit to the court what is known as a “post-judgment” motion. If everything in your motion is factual, the court will decide at the first scheduled hearing if there is enough justification to hold an evidentiary hearing on the topic. If the motion is approved, this hearing will normally take place one to two months following the initial hearing. Prior to the day of the evidentiary hearing, parties will occasionally try to mediate the situation.
What must you claim for the court to even consider changing the amount of support? The major goal of alimony, according to case law on altering the amount, is to strike a balance between the parties’ requirements and earnings in a way that won’t leave either party in financial ruin. Based on the facts of the case, alimony should be determined according to what is fair and reasonable. Changing circumstances must be demonstrated in order to alter an alimony award.
An alimony award cannot be altered unless there is new information or circumstances that have changed since the divorce decree.
What Happens if You Fail to Pay Spousal Support?
You can’t just decide to stop paying and declare that something has changed. For instance, you cannot retire and anticipate that your alimony obligations should end; rather, you must file a petition with the court, obtain its permission, or obtain a court order changing the alimony obligations; otherwise, arrears will continue to accumulate. This is crucial because once alimony is owed and due, it is impossible to go back and cancel the accumulated arrears. Spousal support cannot be modified retroactively.
In Michigan, it is illegal to fail to pay spousal support. It is a felony that carries a maximum four-year prison sentence, a maximum $2,000 fine, or both. Due to these severe consequences, it is wise to attempt to change your alimony payments rather than simply refusing to make them or electing to make less of them on your own.
If you anticipate missing an alimony payment, let your ex-spouse know right away. You might be able to change your payments for one or two months without incurring late fees. To avoid going to court as well, you might be able to come to an informal agreement.
Including an attorney to communicate on your behalf may be a good option if you and your ex-spouse do not get along on the issue of spousal support modification.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.