Divorce can be a challenging experience, but it’s often just the beginning of the next chapter. For many divorced couples, the initial divorce agreement might need adjustments over time. This is a normal reflection of how life circumstances change. Post-divorce modifications are changes made to the original divorce decree to better suit the family’s current needs. Understanding when and how to make these changes can help ensure they meet everyone’s needs, especially the children’s.
5 common reasons for modifications
There are countless reasons why divorced couples might seek to modify their divorce agreements or parenting plans. Here are some common ones:
- Change in income: If one parent experiences a significant change in income, such as losing a job or receiving a substantial raise, this might necessitate a change in child support payments or alimony.
- Relocation: If a parent needs to move to a different city or state for professional or personal reasons, the custody arrangement might need to be adjusted to accommodate the new distance.
- Child’s needs: As children get older, their needs change. Modifications need to address new educational requirements, medical issues or extracurricular activities.
- Parental involvement: Sometimes, one parent becomes more involved in the child’s life than before, or vice versa. The parenting plan might need to be adjusted to reflect the new level of involvement or change of primary residency.
- Health changes: If a parent or child experiences significant health changes, adjusting the living arrangements or financial responsibilities might be necessary to better support the family’s needs.
The legal process in Michigan
Modifying a divorce agreement or parenting plan in Michigan involves a legal process. The parent seeking the modification must file a motion with the court that issued the original divorce decree. This motion should clearly state the requested changes and the reasons for them. The court will then review the motion and consider whether the modification is in the child’s best interests or merited.
The court may require both parents to attend a hearing to discuss the proposed changes. During this hearing, both parents can present evidence and make their case. The judge will then decide whether to approve the modification based on the evidence presented.
Seek professional guidance
Even when ex-spouses or coparents have a good relationship, working with a skilled family law attorney to make a modification is often beneficial. An attorney can help ensure that agreements reflect the couple’s current circumstances and continue to serve the children’s best interests.