Yes, but the process can be challenging. A divorce agreement outlines the terms of your divorce, including how you’ll divide property, handle child custody and manage support payments. While courts consider these agreements final, they also understand that your life circumstances can change. You can modify some parts of your agreement under specific conditions. However, you can’t change every aspect of your divorce agreement.
What parts of a divorce agreement can the court modify?
You can typically modify three key aspects of your divorce agreement in Michigan: child custody and parenting time, child support and spousal support (alimony). Here’s what you need to know:
- Child custody and parenting time: You must show proper cause or a significant change in circumstances and prove the modification is in your child’s best interests. For example, you got a new job with different hours, your child’s needs changed over time or there are safety concerns with the current arrangement.
- Child support: You can request a change if you can show a significant change in your financial situation. This could happen if you lose your job, your income changes significantly or there’s a major shift in custody arrangements. The Friend of the Court reviews child support orders regularly, typically every 36 months. During these reviews, they may recommend modifications based on current financial information from both parties.
- Spousal support: You must show a major change that justifies modifying the support order. This might include a job loss, serious illness or significant income change for either party. However, if your divorce judgment states that spousal support is non-modifiable, you may not be able to change it.
On the other hand, the court considers aspects like property division settlements and debt allocation as final. The law treats these as a one-time event that provides a clean break between spouses. This approach provides certainty and prevents any ongoing arguments about assets and debts. So, even if you experience major financial changes after your divorce, you typically cannot ask the court to adjust how you divided your property or debts.
It’s important to adapt to changing circumstances
As life goes on, your needs may change too. If you’re facing major changes that may make it difficult to comply with your current divorce agreement, then it may be time to seek legal counsel. Contact Giordano Law and schedule your free consultation to see how we can help.