Can I modify child support or custody orders after the divorce in Michigan?
Anna Tsaturova
Michigan managing attorney at Marble Law
Key Takeaways
- You can modify child support or child custody orders in Michigan so long as there’s been proper cause or a change in circumstances.
- The proper cause or change must in circumstances have significantly impacted the child or be likely to do so.
You may be able to modify child support or custody orders after a Michigan divorce. However, you can only do so if you prove that there’s been proper cause or a change in circumstances.
- Proper cause means you prove by a preponderance of the evidence that there’s an appropriate, relevant reason to change the orders. The reason must be related to the 12 best interests of the child factors.
- Change in circumstances means something has shifted in the child’s life since the original orders were granted.
In either case, the proper cause or change in circumstances must have significantly impacted the child or be likely to do so. Examples include:
- A parent abusinga or neglecting the child
- A parent abusing alcohol or drugs
- A parent repeatedly not caring for the child
How do I modify child support or child custody orders in Michigan?
If you wish to modify child support or child custody orders, first you file a motion. Then you must prove with evidence in court that modifying the order is in the child’s best interests.
If the judge decides there is proper cause or a change of circumstances to reconsider the best interests factors, then they look at whether an established custodial environment (ECE) exists with both or either parent. To determine this, they examine the child’s life. They may factor in:
Which parent does the child turn to for food, housing, love and other needs?
Given the child’s age, is the current parenting arrangement appropriate for a significant amount of time?
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If the judge decides there is an ECE, the person filing to change the custody order needs to show “clear and convincing evidence” (meaning something is substantially more likely to be true than not true) that changing custody is in the child's best interests.
If the judge decides there isn’t an ECE, the parent desiring the change in study must prove by a “preponderance of evidence” (meaning something is more likely to be true than not true) that the change is in the child's best interests.
As you can tell, when there is an ECE, it’s harder—though not impossible—to convince a judge to modify child custody or child support orders. You need a higher level of proof.
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