If there is one constant in life, it is change. Even after a divorce is finalized and the couple has gone their own ways, circumstances change and sometimes, those final terms are no longer appropriate. When that is the case, it is possible to modify those terms, but the two spouses cannot do this on their own. Below is some general information on modifying alimony in Sterling Heights. If you are looking to have an order modified, you should speak to a divorce attorney that can help.
Michigan Law on Modifying Alimony
In order to modify alimony in Michigan, the party wishing to change the terms must petition the court. This is essentially filing a request with the court asking to adjust the terms. Either the recipient of the alimony or the individual paying the alimony can petition the court for a change. Changes can include an increase, decrease, or termination of alimony payments.
When petitioning the court for an alimony modification, the person making the request must provide evidence of a change of circumstances that requires the change. Some common reasons for requesting an alimony modification include:
- A change in employment that results in the recipient earning more income than the party paying alimony,
- One of the parties retires and experiences a significant change in income,
- One party suffers from a health issue that results in a medical disability and impairs their ability to work,
- One of the parties dies,
- One of the parties gets remarried,
- One of the parties starts living with another person for a significant period of time, and it is presumed they are sharing day-to-day expenses,
- Any other factor the court may deem relevant
This is not an exhaustive list of reasons to modify alimony. Any time there is a change in circumstance that means the recipient no longer needs it, or the payer cannot pay it, either party can petition for a modification.
Once the courts have the petition to modify alimony, an evidentiary hearing will be scheduled. Both parties attend this hearing and can provide testimony and present facts and arguments to support their position. After hearing from both sides, a judge will make a decision on whether to allow the alimony modification. If they decide to change it, the new order is then final unless a party wishes to modify it again in the future.
Do You Need Help Modifying a Divorce Order? Our Illinois Divorce Lawyers can Help
If your divorce has been finalized but you need an order changed, our Sterling Heights divorce attorneys can help. At Iafrate & Salassa, PC, we have the experience necessary to navigate Michigan’s family law system to help you with any modification you need. We will build a solid case to help you obtain a modification, or fight one if your former spouse wants to change the terms. If you have any issues post-divorce, call us today or contact us online to schedule your free consultation.