sgo
recently joined
Reged: 11/06/11
Posts: 2
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I had a question regarding my divorce settlement in Michigan approximately 10 years ago on whether or not it can be revisited and if so under what terms? I pay a very disproportionate amount under what amounts to only alimony any more as my children are in their mid-twenties to early thirties.
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2018
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The property settlement will not be revisited.
Child support shouldn't be an issue anymore. So that only leaves spousal support and any payments that you make to pay her her share of marital assets. The spousal support is going to depend on your court order and if you can prove a change of circumstances. If there is an asset payment, not happening.
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26787
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I think there are some narrow circumstances under which a property settlement can be reopened. If there was fraud, or assets that existed, but were not divided. I do not believe "not fair now" is a reason. I know in my divorce, CS and custody was a part of the divorce decree, and not the property settlement, so it was able to be revisited at whatever time. I imagien there is always a reason that anythign can be done, check with a lawyer.
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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There are some circumstances where decrees can be reopened. However, there is also usually a time limit on such actions and after ten years, that time has likely elapsed. Even if you were able to file such a motion, it requires some basis for doing so such as fraud, or coercion. Simply arguing that it was not fair is not sufficient.
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sgo
recently joined
Reged: 11/06/11
Posts: 2
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I thought that it might be hopeless, too bad.
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Renny
addict
Reged: 09/24/11
Posts: 479
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Your question is whether you can modify alimony, right? Not whether the division of property can be revisited (no). The law in MI is in a state of flux, but from what I read it appears that alimony is modifiable unless the parties expressly waived modification.
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