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Life doesn’t stand still—and neither should your court orders. Jobs change, kids grow, and circumstances shift. The custody, parenting time, support, or other family court orders that once fit your life may no longer meet your needs. Or maybe you are faced with an unexpected request to change an order you believe should stay in place.
Michigan law allows certain orders to be modified, but only under specific conditions. Understanding when—and how—to request a change, or how to effectively oppose one, is essential to protecting your rights and your family’s stability. At Alane Family Law, we guide clients through the modification process with clarity, strategy, and a focus on results that work for their current reality. To discuss your particular needs, schedule a consultation.
Family court orders are legally binding, but that doesn’t mean they are always followed. Because of that, there needs to be a mechanism to enforce the order.
If your ex-spouse or co-parent refuses to follow a court order, such as one for parenting time, support, or division of property, it’s important to take action. At Alane Family Law, we can help you understand your options and work to ensure that the other party lives up to his or her obligations. We represent both people who are looking to enforce an existing family court order and those who have been accused of failing to follow an order.
It may be possible to reach a resolution outside of court, or it may be necessary to file a motion for enforcement. When appropriate, the court may even modify the existing order if violations continue.
Because families’ needs change over time, court orders relating to children need to be modifiable. But because families also need stability and predictability, there is a relatively high standard for changing the terms of support, custody, and parenting time. It’s important to understand when a family court order can be modified.
Custody orders are always modifiable. Parents can agree on changes and submit them to the court for approval. If agreement isn’t possible, even with attorney or mediator help, the court decides whether and how to modify the order if one party seeks a change.
The parent seeking the change must first show “proper cause” or a “material change in circumstances” since the existing order. A few examples include:
If the threshold is met, the court then determines whether the proposed change serves the child’s best interests. When an “established custodial environment” exists, the standard for change is more demanding.
When one parent wants to move more than 100 miles away or out of state, court permission is required to take the child unless the other parent agrees. If you and the other parent share joint legal custody, then the court must consider:
Parenting time arrangements can be modified by agreement or, if necessary, court order. The standard—proper cause or a significant change in circumstances—is the same as for custody, but courts are generally more flexible about minor adjustments. Even small changes require a justifiable reason, and the reason must be related to the child’s needs or well-being.
Support orders may be reviewed every 36 months through the Friend of the Court, or sooner if there’s a substantial change in circumstances—such as job loss, a significant raise, or a major change in parenting time.
Spousal support can be modified unless the divorce judgment says otherwise. Modifications may be ordered by the court if there’s a material change in circumstances, such as job loss, major income change, or serious illness affecting earning capacity.
Property division orders are generally final. Exceptions are rare but include fraud, concealment of assets, or coercion—usually with strict time limits for raising the issue.
Modifying a court order—or preventing a modification you don’t want—can be complex. The legal standards are strict, and the process can be especially difficult if the request comes suddenly from a former partner, demanding a quick, strategic response. Whether you are pursuing a change or defending against one, we work to make the process as clear, manageable, and effective as possible while protecting what matters most to you.
If You Are Seeking a Modification
We help you identify the legal grounds for change, gather the evidence needed to meet the court’s requirements, and present your case persuasively—whether in negotiations, mediation, or court. Our goal is to secure an outcome that reflects your current reality and meets your family’s needs today and into the future.
If You Are Opposing a Modification
When an unexpected request threatens to disrupt your stability or your relationship with your children, we move quickly to assess the situation, explain your options, and build a defense that protects your rights. We aim to resolve disputes efficiently but are prepared to litigate when necessary to safeguard your position.
In every modification case, we:
Changes in life can bring changes in court orders—sometimes wanted, sometimes not. Whether you are seeking that change or working to prevent it, we’re here to safeguard your interests and your family’s stability.
Your life changes. Your legal agreements should work for your life as it is now. Whether you’re seeking to update an existing order or prevent a change that doesn’t serve your family, we can help. We aim to resolve modification matters through agreement whenever possible, reducing stress and cost. But when litigation is necessary, we’re ready to advocate with skill, preparation, and determination.
Contact Alane Family Law to ensure the orders affecting your family keep pace with your life today—and tomorrow.