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Michigan Motion to Change Alimony

Category:
Local County - Monroe - Friend of The Court
State:
Michigan
Control #:
MI-FOC-65-MR
Format:
PDF
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Description

Motion to Change Alimony
Michigan Motion to Change Alimony is a legal process for modifying alimony (also known as spousal support or spousal maintenance) orders in the state of Michigan. It can be used to modify existing court-ordered alimony payments or to terminate them completely. The motion must be filed with the court and the other spouse must be notified before any changes can take effect. Depending on the specifics of the situation, there are two types of Michigan Motion to Change Alimony: a Motion to Modify and a Motion to Terminate. A Motion to Modify is used to adjust the amount of alimony payments, based on changes in the financial circumstances of either spouse. The court will consider factors such as income, job security, health, and other life changes when deciding whether to grant the motion. A Motion to Terminate is used to end alimony payments completely, due to the remarriage or death of either spouse or other circumstances. The court may also consider any changes in income, job security, and other life changes when deciding whether to grant the motion.

Michigan Motion to Change Alimony is a legal process for modifying alimony (also known as spousal support or spousal maintenance) orders in the state of Michigan. It can be used to modify existing court-ordered alimony payments or to terminate them completely. The motion must be filed with the court and the other spouse must be notified before any changes can take effect. Depending on the specifics of the situation, there are two types of Michigan Motion to Change Alimony: a Motion to Modify and a Motion to Terminate. A Motion to Modify is used to adjust the amount of alimony payments, based on changes in the financial circumstances of either spouse. The court will consider factors such as income, job security, health, and other life changes when deciding whether to grant the motion. A Motion to Terminate is used to end alimony payments completely, due to the remarriage or death of either spouse or other circumstances. The court may also consider any changes in income, job security, and other life changes when deciding whether to grant the motion.

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FAQ

The duration of payments is determined by a judge in Michigan family court. Alimony length is usually based on length of marriage - one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).

The third remedy for adultery in Michigan involves an award of alimony. Simply put, if the cheating spouse is the primary wage earner he/she may pay more in alimony. If the cheater is the dependent spouse he/she may get less alimony because of his/her wrongful conduct in the marriage.

Michigan spousal support payments can be modified based on changed circumstances unless the parties agree in the judgment that it is non-modifiable. Most judgments of divorce provide that spousal support will be payable for a set number of years, with the amount being modifiable based on a change of circumstances.

Michigan has four main types of alimony: temporary, periodic, permanent, or lump sum payment. Sometimes a judge may order a combination of the four kinds. For example, the judge may order the house payment to be made for one year and an alimony payment to be made permanently.

Remember that alimony is always modifiable, unless in your divorce judgment, you and your ex-spouse agreed that it could NOT be modified. Courts understand that circumstances change, so if you can prove a significant change of circumstances since the last order, you may ask the court to modify your current order.

10 years. That's how long Michigan courts allow ex-spouses to execute the terms of a Judgment of Divorce.

Modifying a Divorce Decree Generally, Michigan courts will consider modifications to a divorce decree when an individual can demonstrate a change in circumstances that impacts the divorce terms. For example, if you have recently lost your job, you may wish to modify the amount of child or spousal support you must pay.

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More info

In order to complete this form, you will need a copy of your existing child support order. If you do not have a copy, ask the Clerk of Court how to get one.Use this instruction form for cases including child custody, visitation, child support, divorce, alimony, name change, contempt, and guardianship. If you do not have a copy, ask the clerk of court how to get one. Filing a Motion: If you need to change or enforce the court order in your divorce, you must file a motion with the same court that issued the court order. This form is required if you are asking to change any financial orders, such as child support or spousal support. This affidavit is used to make complete disclosure of income, expenses and money owed. It is used to determine child and spousal support amounts. This checklist has been prepared to assist you with the necessary procedure for bringing your case to final hearing. To complete this form you will need: â–« A copy of your current spousal maintenance or spousal maintenance and child support order.

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