Modifications and Enforcement
A judgment is not the end of the matter. Circumstances change, and orders that are ignored are only worth what enforcement makes them worth.
Family law orders are meant to last for years, sometimes until children are grown. Over that time people lose jobs, get better ones, remarry, become ill, move, and stop complying. Two distinct remedies exist for that. Modification changes the order because circumstances have genuinely changed. Enforcement compels compliance with the order as it stands.
Choosing correctly matters. Asking to enforce an order that is no longer workable, or asking to modify one the other party is simply ignoring, wastes time and money.
Changing an existing order
| Issue | What is required |
|---|---|
| Child support | A change in circumstances affecting the formula inputs, such as income, overnights or child care costs. Generally the most straightforward to modify. |
| Spousal support | A substantial change in circumstances, unless the judgment made it non modifiable, in which case it generally cannot be changed at all. |
| Custody | Proper cause or a change of circumstances, then the best interests standard. Where an established custodial environment exists, a heightened standard of proof applies. |
| Parenting time | Generally easier to adjust than custody, particularly where the change does not alter the established custodial environment. |
| Property division | Ordinarily final and not modifiable, absent something exceptional such as fraud in the original proceedings. |
If your income drops, the existing order continues to accrue at the old amount until a modification is granted, and past due support is very difficult to reduce retroactively. Filing promptly, rather than waiting to see whether things improve, is the single most important thing you can do.
When an order is being ignored
Michigan provides real enforcement tools, and they differ depending on what is being violated.
- Unpaid support. Income withholding, interception of tax refunds, license suspension, liens, reporting to credit agencies, and contempt proceedings which can carry incarceration.
- Denied parenting time. Make up parenting time, fines, costs, and in persistent cases a reconsideration of custody itself.
- Property terms not performed. Orders compelling a party to sign documents, or the court appointing someone to sign on their behalf where they refuse.
- Failure to refinance or transfer. Enforcement of the specific term, or an alternative remedy such as an ordered sale where the term has become impossible.
Documentation is what makes enforcement work. A record of missed payments, missed exchanges, and written communications is considerably more persuasive than a recollection of a pattern.
How these matters run
- The existing order readWhat it actually requires, which is frequently different from what people remember agreeing.
- Modification or enforcementWhether the order needs changing or the other party needs compelling, since the routes are different.
- The record assembledPayment history, communications, and a dated log of missed exchanges or refusals.
- Filed and heardThe motion filed promptly, since delay reduces what can be recovered and undermines urgency.
Questions about changing or enforcing an order
I lost my job. Can I just pay less until I find work?
No. Paying less than the order requires creates arrears that accumulate with interest and are very hard to undo later. File for modification immediately. A reduction generally cannot be backdated before the date you filed, so every week of delay costs money.
My ex is withholding the children. What can I do?
Denial of parenting time is enforceable. Keep a dated record of every missed exchange and communicate in writing. Do not respond by withholding support, which will put you in the wrong and weaken an otherwise strong position.
My ex is not paying support. How do I collect?
The friend of the court has substantial enforcement powers including income withholding, tax interception and license suspension. Where those are not producing results, a contempt motion can be brought. Both routes are available and which is appropriate depends on the history.
We both agreed to change the arrangement informally. Is that enough?
It is not. Informal arrangements are unenforceable and the original order remains in force. Parents who agreed verbally to reduce support have found the full amount treated as owed years later. If you agree, have it entered as an order, which is straightforward when nobody is objecting.
File promptly. Delay is what costs money here.
[PHONE]If there is a hearing already scheduled, or a safety concern, call rather than using the form.