The statutory right to modify spousal support is outlined in MCL 552.28, “. . . the court may revise and alter the judgment, respecting the amount or payment of the alimony” but the statute does not provide how to change spousal support?
“The object in awarding spousal support is to balance the incomes and needs of the **302 parties so that neither will be impoverished; spousal support is to be based on what is just and reasonable under the circumstances of the case.”
The requirements that need to be met to change spousal support are found in case law. For example, obtaining new (or better) employment, collecting social security, or otherwise improving his/her financial condition has been held to be a sufficiently changed circumstance to change spousal support.
In Schaeffer v. Schaeffer, 106 Mich. App. 452, 460 (1981), the court held that a modification of an award of alimony (spousal support) under this section [552.28] may rest only upon new facts or changed circumstances arising since the judgment or order, which justify a revision.
Changed Circumstances since the last spousal support order.
In Graybiel v. Graybiel, the Court of Appeals stated that the party requesting a change held that the party requesting to change spousal support has the burden of proof to show a “sufficiently changed circumstances” to warrant modification. In Gates v. Gates, the Court of Appeals stated that the burden is on the moving party to show a change of circumstances using the facts and circumstances existing at the time of the request.
In Smith v. Smith, the Court of Appeals noted that “retirement may constitute a change in circumstances for purposes of modifying an order of spousal support.
The key learning in this article is to understand the notion that to change spousal support, the person requesting the change in spousal support is required to demonstrate sufficiently changed circumstances such as a change in health, in income, expenses, cohabitation, remarriage etc. (all of which have beed determined to be sufficiently changed circumstances in different contexts). Once a court determines that it can change spousal support, it must examine the spousal support factors to determine a new amount.
By: Daniel Findling (c) 2024
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