The Judgment details each party's court ordered rights and obligations regarding their children and each other. Both parties are expected to understand the Judgment of Divorce and follow its provisions.
Almost from the beginning of the divorce action, the parties and their children will be subject to court orders. The orders are binding and failure to comply with them can result in contempt of court proceedings against the offending party. The Court provides firm guidelines to aid and assist the parties and protect the interest of the minor children.
When the judge grants your divorce, one of the attorneys will prepare a court order and present it to the judge for signature. If neither party has an attorney, one of them must prepare the court order.
Sections of the Judgment. The Michigan Court Rules require a divorce judgment include specific sections that cover issues such as child custody, parenting time, and property settlement. Additionally, the rules require that all domestic relations cases include a Uniform Support Order, which includes distinct paragraphs regarding:
Child support and health care coverage for the children. This may include base support, the apportionment of ordinary medical expenses and extraordinary medical expenses, child care, a net health care premium adjustment, and medical support.
Spousal support (if applicable).
Mandatory Income Withholding of child support.
Notice that a support order may not be modified retroactively.
Notice that a lien may be imposed on property if a support obligation becomes delinquent.
Notice that the parties must provide written notice to the FOC of any change to their name, address, social security number (unless exempt by law), employment status, health insurance coverage, and occupational or driver licenses.
Notice that the FOC may redirect support or abate support.
Notice that service fees, and processing fees may be imposed.
Notice that except as changed by the order, prior provisions remain in effect and support payable under any prior order is preserved.
Furthermore, the rules require a person obtaining the judgment or new order to summarize custody, parenting time, or support provisions on a Judgment Information Form and file it with the FOC. In Oakland County, the Judgement information Form is filed at the County Clerk's office. The County Clerk forwards the Judgment Information Form to the FOC for storage in the FOC file.
Some sections can never be modified Each of the USO paragraphs and the role of the FOC will be discussed in the following pages. Orders may vary depending on the facts and type of case. Some section sof the order, as they affect custody, parenting time, child support, and possibly spousal support, are subject to modification. These are considered continuing matters and can be amended as conditions or circumstances change. Property provisions found in a judgement of divorce, however are are not generally subject to change.
How to modify a section of the judgment The Court will review one of the continuing matters if a party files a motion to bring the matter before the Court. This is done through provate counsel or by the party seeking the change. If you choose to represent yourself to modify custody, parenting time, or child support after your4 judgment has been entered, you may request the approprirate form motion at the FOC Office by mail or online at www.oakgov.com/foc. The FOC does NOT represent either party and cannot provide legal advice.
A FOC investigation and recommendation is done only if the judge signs an order referring the issue to the FOC. This is known as an Order of Reference.
Parties may file a motion requesting a change in the custody, parenting time or child support order. Additionally, administrative child support reviews may be requested not more than once every 36 months or whenever circumstances have changed.
If you and the other parent reach an agreement on a new child support amount, you should notify the FOC in writing with your agreement so that a new support order can be prepared.
