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It is not unusual for parties to seek a change in a previously entered decree after the conclusion of an initial family law case. This is called post-judgment modification, and frequently are related to issues including custody, child support, and spousal support. A party seeking to modify his/her decree must show a substantial change of circumstances. Those circumstances may include dramatic changes in income, relocation to another city/state, or issues relating to the proper care of minor children.
If you can prove a substantial change in circumstances, a child custody, spousal support, or child support modification is possible.
Modifications involving support orders are often highly contested issues. The courts often request documentation that provides insight as to why the standing order should be changed. Child support can be increased or decreased due to substantial changes in parenting time and/or income of the parents. Changes in income of the payer and/or the recipient affect the size and frequency of alimony/spousal support payments.
Custody terms are binding on the parties, but they are not set in stone. It is possible to have them changed. You can pursue a modification at any time after the last order. But remember that the party seeking the change generally must show that a “substantial change of circumstances” has occurred since the entry of the last order.
Courts discourage parties from repeatedly coming back to court trying to change provisions involving children and, as a result, a legal threshold must be met before changes can be made.
Legal grounds for modifying a child custody order can include:
In all child custody disputes, the court decides the issue based on what it perceives to be in the best interests of the child.
PHONE: (248) 541-3400 | 1-800 LAW-5454 | ADDRESS: 2304 East 11 Mile, Royal Oak, Michigan 48067
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