Changing or Enforcing a Michigan Divorce Judgment

Signing a divorce judgment ends the case, but not always the conflict. Children grow, jobs change, people move and, sometimes, a former spouse simply stops following the order. Michigan law gives both sides tools after the judgment: a way to change terms that no longer fit, and a way to enforce terms the other side ignores. Which tool applies depends on what part of the judgment is at issue.

What Can Be Changed, and What Cannot

Changing Custody

Under MCL 722.27(1)(c), a court can modify custody "for proper cause shown or because of change of circumstances." In Vodvarka v Grasmeyer, 259 Mich App 499 (2003), the Court of Appeals held that this threshold requires more than ordinary life changes. The parent asking for the change must first show a significant change or proper cause that could have a real effect on the child's well-being. Only then does the court revisit the best-interest factors.

If the change would alter the child's established custodial environment, meaning the home where the child naturally looks for guidance, discipline and comfort, the statute requires clear and convincing evidence that the change is in the child's best interests. That is a high bar, and it is deliberate: Michigan courts value stability for children.

Common reasons to seek a custody change include a parent's relocation, a significant change in a child's needs, substance abuse, neglect, or a parent who consistently undermines the child's relationship with the other parent.

Changing Parenting Time

Changing the parenting time schedule uses the same statute, but the bar is lower when the change would not affect the custodial environment. In Shade v Wright, 291 Mich App 17 (2010), the Court of Appeals explained that the normal life changes children go through, such as starting school, new activities or getting older, can be enough to justify adjusting the schedule. Many parenting time disputes can also be resolved through Friend of the Court mediation or a joint meeting before a motion is ever filed.

Moving with a child is a separate issue. Under the 100-mile rule in MCL 722.31, a parent with joint custody generally needs the other parent's consent or court approval to move the child's legal residence more than 100 miles. See How Michigan Courts Decide Child Custody for the factors involved.

Changing Child Support

Child support can be modified when circumstances change, such as a significant change in either parent's income, a new parenting time schedule, or new child care or health insurance costs. Either parent can ask the Friend of the Court for a review under MCL 552.517, or file a motion directly with the court.

Timing is critical. Under MCL 552.603, each support payment becomes a judgment when it is due and cannot be reduced retroactively, except back to the date the other party received notice of the modification request. A parent who loses a job and waits six months to file will owe the full amount for those months. For details, see How to Modify Child Support in Michigan, and to see how a change would affect the number, try our child support calculator.

Changing Spousal Support

MCL 552.28 allows the court to revise spousal support after the judgment when circumstances change, for example a significant drop in the payer's income, retirement, the recipient's improved finances, or cohabitation.

There is an important exception. Michigan courts enforce agreements that make spousal support non-modifiable. In Staple v Staple, 241 Mich App 562 (2000), the Court of Appeals held that parties can waive the right to seek modification if the agreement clearly says so. If your judgment states that support is non-modifiable, you may be bound by it regardless of what happens later. That is why this term deserves careful thought before a settlement is signed.

Property Division Is Generally Final

Unlike support and custody, the division of property is not modifiable just because circumstances changed. A party can seek relief from a judgment under MCR 2.612 for reasons such as mistake, newly discovered evidence or fraud, including hidden assets, but those motions have strict deadlines, often one year from the judgment. If you suspect assets were concealed, act quickly. See Hidden Assets in Michigan Divorce.

Enforcing Child Support

When a parent does not pay, there are strong remedies:

• Income withholding. Support is usually collected directly from the payer's paycheck. The Friend of the Court can send withholding notices to new employers.
• Past-due support is a judgment. Under MCL 552.603, every missed payment is a judgment that cannot be retroactively reduced, and the state can impose liens and add surcharges on arrearages.
• Other collection tools. These include tax refund intercepts and suspension of driver's, occupational and recreational licenses.
• Civil contempt. Under MCL 552.631, the recipient or the Friend of the Court can bring a contempt proceeding. If the payer does not appear, the court can issue a bench warrant and set a cash bond of at least $500 or 25% of the arrearage, whichever is greater.

Enforcing Parenting Time

Denied parenting time is enforceable too. Under MCL 552.642, every Michigan circuit has a makeup parenting time policy: the wrongfully denied parent chooses makeup time of the same type, such as a weekend for a weekend or a holiday for a holiday, within one year.

If informal remedies do not work, the Friend of the Court can bring a contempt proceeding under MCL 552.644. A parent who violates a parenting time order without good cause can be ordered to provide makeup time, pay a fine, attend counseling or parenting programs, face license sanctions, or serve jail time of up to 45 days for a first finding. The court can also modify the parenting time order itself. A party who acts in bad faith in a parenting time dispute can be ordered to pay the other party's costs.

Enforcing Property and Other Terms

When a former spouse refuses to sign a deed, transfer a retirement account, refinance a mortgage or pay a property settlement, the court that entered the judgment can enforce it. Remedies include orders compelling the transfer, appointing someone to sign documents in the noncompliant party's place, money judgments, and contempt. For retirement accounts, the transfer depends on a properly drafted QDRO or EDRO, which is a frequent source of post-judgment problems.

What to Do Next

1. Read your judgment closely. The exact language on modification, support and deadlines controls.
2. Document everything. Keep records of missed payments, denied parenting time, income changes and communications.
3. Do not wait. Support cannot be changed retroactively before notice, and relief-from-judgment deadlines are short.
4. Use the Friend of the Court where it helps. Many support and parenting time problems start there, and it is free.
5. Do not take matters into your own hands. Withholding parenting time because support is unpaid, or stopping support because parenting time was denied, violates the order and can backfire.

If your judgment no longer fits your life, or your former spouse is not following it, a free, confidential consultation can help you understand your options and the fastest path to a fix.