Michigan Firm Files Motions to Revise Custody and Support Terms

Sterling Heights lawyers assist clients when circumstances change

What’s fair and appropriate at the time a divorce order is entered might not be after some time passes. Fortunately, modifications to custody, child support and alimony terms are commonplace, but you must follow the proper procedure to ensure that the revised terms are legally enforceable. At Goetting Corrado Law Group, P.C., our experienced Michigan family law attorneys work with clients throughout Macomb and Oakland Counties when a shift in circumstances warrants a change to a Family Court order. We will work with your ex-spouse or co-parent to obtain consent on the revision, but if that proves unsuccessful, we will advise you of the likelihood that the court will approve the requested modification and present your case to the court.

Motions to seek modifications to existing family law orders

When one or both parties seek to revise a Family Court order, they must make a motion to the court for a modification. The terms of a divorce decree or an order detailing the terms of custody for parents who never married have legal weight and cannot be changed without a judge’s approval. Our firm handles modification proceedings relating to child support, alimony and custody provisions on behalf of clients seeking a modification, as well as those who wish to maintain the status quo. We strive to find common ground so that an agreed-upon revision can be presented to the court for approval. However, if a reasonable compromise cannot be reached, we are always prepared to argue before a judge regarding the merits of our clients’ position.  

Parent-child relocation requests

There are various specific events that occur after a divorce that might support a modification from the terms of the marriage dissolution order. Sharp disagreements frequently arise when a custodial parent seeks to relocate with their child to a new home. Moves of up to 100 miles within Michigan are permitted, though if this makes visitation more difficult for the noncustodial parent, the parenting time schedule might need to be changed. One option in this scenario is to have fewer scheduled visits, but have those visits last longer. Out-of-state relocations and those of more than 100 miles must either have the consent of the noncustodial parent or be approved by the court.

Child custody modifications

Children’s needs often change over time, and these shifts might compel parents to alter other aspects of their custody order. Schedules could require adjustment due to medical treatments or extracurricular activities that take up a great deal of a child’s time. Parental obligations could change as well, if they need to work different hours or take care of an elderly loved one. In some cases, everyone might agree that it is better for the child to spend more time in one parent’s home than they do under the existing order.

Child support and alimony modifications

Many different circumstances could affect child support and alimony orders, which are based in large part on the financial status of the paying and receiving parties. Examples of situations that could justify a change include the following:

• Job loss or substantial reduction in income
• Pay increase, large inheritance or monetary gift
• Medical emergency that requires time away from work
• Shift in costs needed to fund a child’s education, healthcare or outside activities

Though most property division determinations are finalized with the divorce, there could be a modification request if the family home or another substantial marital asset is sold after the marriage has been dissolved.

Speak with a Michigan lawyer about a motion to revise a family law order

Goetting Corrado Law Group, P.C. in Sterling Heights assists Michigan clients with issues relating to the requested modification of divorce, custody and child support orders. For a free consultation regarding your legal options, please call 586-544-7825 or contact us online.