Michigan Affidavit by Obligor Spouse on Application to Modify Order for Alimony

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US-00005BG-I
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This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the grounds that since this order was made, the conditions and circumstances on which the order was based have materially changed. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

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.

Some methods for terminating alimony payments in Michigan include: Show your spouse has remarried ? State law says you can ask the courts to terminate your alimony payments if your spouse has remarried. Ask for a termination date in your divorce decree ? You should not have to support your ex-spouse forever.

Family Name Changes Complete and file the Petition for Name Change with the family division of the circuit court in the county where you and your child or family live. Anyone listed on the petition must have lived in that county for at least one year. Pay the fees associated with a name change.

How Do I Pay Spousal Support? Michigan has a family court called Friend of the Court (FOC) that monitors child support and alimony payments. Typically, along with the final judgment of divorce, the court will issue income withholding orders to the employer of the paying spouse.

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.

There are two types of appeals in Michigan family law, appeal by right and an appeal by leave. Only final orders are appealable by right, which includes most divorce judgments and other post-divorce court orders. Appeal by leave requires permission from the higher court before an appeal can be filed.

There are two ways to change the terms of your divorce judgement: filing an appeal and requesting a modification. In some circumstances, a divorced spouse can appeal their final divorce judgment. An appeal can be as a matter of right or by leave of the court. Either way, your time frame is very short, only 21 days.

At your final hearing, the judge will sign your JOD and Uniform Child Support Order, or may require you to make changes before they will sign. After the hearing, follow the judge's instructions for filing the JOD and UCSO with the court clerk.

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Michigan Affidavit by Obligor Spouse on Application to Modify Order for Alimony