Motion to modify spousal support Michigan

Spousal support after a divorce serves an important function, helping the less financially secure spouse gain financial independence. But support should not be unaffordable or place a huge burden on the paying spouse. In most cases, support is not intended to be a long-term or primary source of income for the receiving spouse. A support order that seems appropriate at the time of divorce may become unfair or unmanageable later on.

If you believe you are paying too much in spousal support or are receiving an inadequate amount, you may be able to obtain a modification of the original court judgment.

A Michigan court can grant a spousal support modification only if there has been a significant change in financial circumstances between the payor and recipient since the original order. For example, if the receiving spouse earns a well-paying job or launches a successful business, the payor may be permitted to reduce or cease support payments. If the payor loses their job or experiences some other major financial setback, payment amounts also may be reduced. The court needs to see convincing evidence that a modification is justified.

However, if you and your spouse entered a spousal support agreement that was made part of your divorce judgment, the terms may be nonmodifiable. The Michigan Court of Appeals, in the case of Staple v. Staple in 2000, established that a support agreement can contain language that makes its provisions final and binding, preventing either party from petitioning the court for modification. The agreement may include a clause allowing for support to be ended early in certain circumstances, such as if the receiving spouse moves in with a financially supportive partner or if the financial disparity between the spouses changes in some other significant way.

It is crucial that you follow the terms of any court order as long as the order is in effect. Failure to make scheduled payments is a crime in Michigan and can also result in civil penalties.

To avoid future headaches over spousal support, divorcing spouses may factor the support amount into the property division agreement. If neither spouse asks for support during the divorce proceedings, they will not be permitted to petition for support after the divorce is finalized.

With offices in Rochester Hills and St. Clair Shores, Michigan, the divorce and family law attorneys of Shatzman & Shatzman negotiate and draft nonmodifiable spousal support agreements and represent divorced parties who seek to modify existing orders. Our lawyers advise and assist residents of Shelby Township, Chesterfield Township and throughout the surrounding region. To schedule a consultation with one of our dedicated legal professionals, call 586-800-3018 or contact us online.

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. Spousal support typically ends when the recipient marries or cohabitates with another person as an economic unit. Spousal support is generally taxable as income to the recipient and deductible by the payor. Spousal support provisions are contained in the judgment of divorce and a uniform spousal support order, which, like a child support order, can be the basis for garnishment of wages.

Can You Make Spousal Support Non-Modifiable?

The court cannot make spousal support non-modifiable unless the parties expressly agree to do so. If you are considering doing this so that your spouse cannot come back to ask for an increase, proceed with caution. The non-modifiability provision will apply to both the payor and payee. There have been cases where the payor has opted for non-modifiable support, thinking he was protecting himself from an increase, without thinking about what would happen if his income decreased. Case law has held that even with a drastic change of circumstances such as job loss or a serious health condition, non-modifiable spousal support is just what it says: non-modifiable. Thus, both the payee and payor of spousal support should carefully consider all the ramifications of non-modifiable support before making it so.

Learn More

• Divorce in Michigan
• Types of Spousal Support
• Spousal Support Factors

Alimony, or spousal support in Michigan, can be requested by either spouse in a divorce. Spousal support is a payment from one ex-spouse to the other during or after a divorce. The purpose of spousal support is to ensure that each spouse can meet financial needs during and after the divorce process.

What happens if you can’t afford to pay alimony anymore? Changes in your work, new financial obligations, or even a health crisis can make paying your spousal support seem impossible. 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. A change in circumstances to warrant modification may include:

• the recipient spouse cohabiting with a new partner (not enough by itself)
• fraud and unilateral mistake
• a change in need of the parties, or
• a difference in the payer’s ability to pay.

Modifying Your Alimony Payments in Michigan

A change in circumstances can allow you to file to modify your alimony payments. The first issue the judge will explore is whether there has been a change of circumstances that might warrant a change or modification to the spousal support.

In 2020, for example, a motion to modify spousal support was filed in Michigan. The case, Anderson v. Anderson was an interesting one, and ended up in appellate court. Mr. Anderson owned several oil businesses and made a tremendous living at the time of their divorce. The agreed upon amount of spousal support was uncontested.

However, the price of oil dropped sharply, causing Mr. Anderson’s businesses to begin to fail. He filed a motion to have his spousal support amended. The divorce court dismissed the motion because Mr. Anderson had agreed to the alimony amount with the knowledge that oil businesses can fluctuate in performance.

Upon appeal, however, because BOTH of the Andersons understood this, the motion was granted and Mr. Anderson was able to reduce his spousal support payments.

The loss of a job, reduction in income, and other circumstances can allow you to reduce your alimony payments.

Can Spousal Support Be Increased in Michigan?

Yes. Much like circumstances changing in a negative way, if circumstances improve for the spouse with the spousal support order, the other spouse can file for a modification as well.

What changes might cause this type of motion to be filed? If the spouse paying the alimony suddenly gets a significant raise at work or a promotion. The spouse that is receiving alimony might also lose a job or have medical issues that create a reduction in income.

A Michigan divorce attorney can help you navigate the waters of spousal support motions. Contact The Mitten Law Firm today.

How do I modify my alimony in Michigan?

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