Alimony Modification - Michigan

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Alimony Modification - Michigan

Unread postby movingahead » Sun Jan 15, 2017 2:58 pm

Gents -

Good afternoon. Looking for strategic advice on modifying alimony.

Brief background
Divorced March, 2016
Modifiable alimony agreed. No end date set which is what you do in a 22 year marriage, you can't agree on term and don't proceed to trial. Alimony terminates on her remarriage, death, etc. Change in circumstances for me losing job, retirement, etc.
Past health issues for the ex which have been cleared (Lymphoma). Almost 3 years clear.
One year left to complete college degree.
Refused to work during marriage but did have a couple of customer service positions - one with a power company in another state. 8 week training program.
Have documentation from her showing that based on atty advice, she should not work.
Large settlement - plenty to finish college and pursue employment.

Ex is living well, power walking, traveling all over the place, biking. So, no issues health wise with being able to pursue a job which was her primary stated reason for not being able to work at the time of divorce.

Obviously, I need to start to set the table for her getting a job so the alimony can get reduced over time until she is self sufficient. The concern of course is that she never works and then reaches her 60's (currently mid-50's) and a judge might actually say she doesn't have marketable skills, etc. BTW - many people with her condition have worked right through the treatments, etc. I know many of them.

I believe her improved and sustained health constitutes a change in circumstances and I want to get in front of the judge to get that in motion. Michigan as I understand it is a rehabilitative alimony state so I want to pursue getting her gainfully employed.

Would appreciate any guidance on how to approach.

Thanks.
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Re: Alimony Modification - Michigan

Unread postby astrolink » Sun Jan 15, 2017 3:07 pm

" Michigan as I understand it is a rehabilitative alimony state"

This is the key to changing it; you needed to have her alimony labeled as such in your decree. You may have a very difficult road ahead of you. Yours is open ended which means you may pay forever. You can't force your ex to work.
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Re: Alimony Modification - Michigan

Unread postby Mock Turtle » Sun Jan 15, 2017 10:18 pm

If her health issues were cleared three years ago before your divorce then what is the change in circumstance now? Her improved and sustained health existed when you agreed to lifetime alimony.
γού καvνοτ βε ας ςτοοpid ας Ι αm ηνλεςς γού Ηαvε βεεη ας ςmαρτ ας Ι ψας.
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Re: Alimony Modification - Michigan

Unread postby Tom Kirkpatrick » Sun Jan 15, 2017 10:42 pm

movingahead wrote:Modifiable alimony agreed.
Does your decree cite specific terms for modification??.....and/or termination??

A stipulated settlement is difficult, if not impossible, to modify.

movingahead wrote:No end date set which is what you do in a 22 year marriage.....
Is this per MI statute?? Who told you this??

movingahead wrote:Have documentation from her showing that based on atty advice, she should not work.
What kind of documentation?? Based upon whose attorney's advice??.....yours or hers??

movingahead wrote:Ex is living well, power walking, traveling all over the place, biking. So, no issues health wise with being able to pursue a job which was her primary stated reason for not being able to work at the time of divorce.
Praise Jesus!! She's been healed!!

Tom
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Re: Alimony Modification - Michigan

Unread postby RustBeltCrooner » Wed Feb 01, 2017 11:21 am

Improved health is unlikely to fly as a changed circumstances. Your ex will be able to testify about all sorts of sad, sad physical and mental complaints and the judge will likely be very sympathetic. Remember that anyone complaining of pain or fatigue cannot be disputed. It is popular to claim chronic fatigue syndrome, which cannot be disproven.
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