Post-Judgment Issues in Michigan
Lawyers with Over 100 Years of Combined Experience
After your divorce case is concluded, you may need an attorney for the enforcement of support or property provisions. You may also want to modify a child custody or parenting time order. Our divorce lawyers located in Birmingham, MI are experienced in handling these post-judgment issues and can sometimes negotiate a resolution without a court appearance.
How Are the Judgments of Divorce, Custody, Parenting Time, or Support Enforced?
One of the main issues seen post-judgment of divorce is the failure to obey decisions regarding child custody, parenting time, and child support payments. The responsibility for all custody-related judgment of divorce enforcements lies with the friend of the court office, although we can assist you with the writing and filing of petitions that need to be submitted to the friend of the court. If the friend of the court fails to resolve the custody issues, a motion can be filed requesting a hearing with the judge who signed your judgment of divorce or custody and parenting time or support order.
Other difficulties that often arise with regard to judgment of divorce non-compliance include debt repayment, property division, and title transfers. If your ex-spouse fails to obey any orders regarding such matters, we will assist you in the filing of court motions that request enforcement. Once a motion has been filed, a hearing will be scheduled in front of the judge who signed your judgment of divorce.
We are here to help you through every step of the process.
How Is a Judgment of Divorce Modified?
At times it is necessary to re-open a judgment of divorce for modification. In the case of child support orders, changes can be made until the child reaches 18. If you receive public assistance, the friend of the court will automatically review your support orders every 36 months.
In regard to custody or parenting time orders, motions can also be filed to change them. However, before a judge will consider changing the custody order, you must prove there has been a change in circumstances or proper cause for the change.
Spousal support decisions that are modifiable can also be changed if there are new facts for the court to consider. Obtaining judge approval for all of these changes can be difficult, though, so you do need legal assistance.
Call our team today at (248) 723-1600 to find out how we can help you. Our family law and divorce attorneys serve clients in Oakland, Macomb, Wayne, Washtenaw, Livingston, Monroe, Genesee, Lapeer, and St.Clair counties
Consultations are available in-person and by phone for FREE.