Modifying Custody, Parenting Time, and Support After a Michigan Divorce

What a Michigan court can change after judgment

• Custody, both legal and physical
• Parenting time schedules
• Child support
• Spousal support, unless your judgment makes it non-modifiable

A property division is different. It is generally final and can be reopened only on narrow grounds, such as fraud, with strict deadlines. If your concern is the division itself, review our property division information or call us.

Changing custody

To ask for a custody change, you must first show proper cause or a change of circumstances that happened after the last order. Normal life changes are not enough. The change must be significant enough to affect the child's well-being, so that the court should take a fresh look at custody.

Next, the court asks whether the child has an established custodial environment, meaning the home or homes where the child looks for guidance, discipline, and comfort. If your request would change that environment, you must show by clear and convincing evidence that the change is in the child's best interests. If it would not, a lower standard applies.

In either case, the judge weighs the child's best interests using the factors in MCL 722.23. Those include the love and affection between the child and each parent, each parent's ability to meet the child's needs, the stability of each home, and each parent's willingness to support the child's relationship with the other parent.

Changing parenting time

Parenting time changes are decided under MCL 722.27a and the child's best interests. When a change would not alter the child's established custodial environment, courts generally apply a lower threshold than for a custody change. A schedule that no longer fits a parent's work hours, the child's school, or the child's age is a common reason to ask.

If the other parent is not following the current order, that is an enforcement issue. It is handled by a different motion than a modification.

Changing child support

• A significant change in either parent's income
• A change in the parenting time schedule
• A change in health insurance or child care costs
• A change in the child's needs

Michigan sets support using the Michigan Child Support Formula. Either parent can also ask the Friend of the Court to review an order, generally once every three years, without proving a change in circumstances.

Timing matters. A support change is generally effective only from the date the other parent is given notice of your request, not from the date your situation changed. Waiting to file can cost you months of the correct amount. See our child support information for more.

Changing spousal support

Michigan courts can modify spousal support when circumstances change, unless the judgment or settlement agreement says it cannot be modified. Many negotiated divorces include non-modifiable terms, so we start by reading your judgment. Retirement, job loss, remarriage, and a major change in health are common reasons people ask. See our spousal support information.

How we approach a post-judgment motion

We read the judgment and every order since, identify the standard that applies, and tell you plainly whether the facts support a motion. If they do, we file the motion with a supporting brief and gather the evidence the court will want. Many matters start with the Friend of the Court or mediation, and we prepare for those too.

Frequently Asked Questions

Can I change custody because my ex moved or remarried?

Not automatically. A move or a remarriage matters only if it significantly affects the child. The court looks at the actual effect on the child's daily life, schooling, and care.

Is there a deadline to modify a Michigan judgment?

Custody, parenting time, and support can be modified whenever circumstances warrant, but a support change generally takes effect only from the date of notice. Your judgment may also contain its own conditions, so bring it to your consultation.

Where do I file a post-judgment motion?

Usually in the same case, in the court that entered your judgment. If a parent or child has moved out of the county or state, jurisdiction can become complicated, so get advice before filing.

Does my child's preference decide custody?

No. The court considers the reasonable preference of a child old enough to express one, but it is only one of the factors in MCL 722.23.

What if the other parent is not following the order?

That is handled through an enforcement motion, not a modification. We can review the order and the violations and explain your options.