Full question:
I am a divorcee who lives in Michigan. I got divorced three years ago. I have custody of our minor daughter. My ex-husband is paying alimony monthly. Now I am ill and is not able to earn a living. My ex-husband is in a well settled position right now. Is there any provision to increase the alimony?
- Category: Divorce
- Subcategory: Alimony
- Date:
- State: Michigan
Answer:
In Michigan, the modification of a decree of alimony is provided under MCL § 552.28. MCL § 552.28 read as follows:“On petition of either party, after a judgment for alimony or other allowance for either party or a child, or after a judgment for the appointment of trustees to receive and hold property for the use of either party or a child, and subject to section 17, the court may revise and alter the judgment, respecting the amount or payment of the alimony or allowance, and also respecting the appropriation and payment of the principal and income of the property held in trust, and may make any judgment respecting any of the matters that the court might have made in the original action.”
Under MCL § 552.28 either party to a marriage may file a petition to revise or alter the amount of payment or alimony. The courts have authority to revise and alter the judgment for alimony. In Engelman v. Engelman, 1 the court increased the monthly allowance to a plaintiff, on the ground of plaintiff’s ill health and increase in the defendant’s income.
Therefore, you may file for modification of the decree of alimony as provided under MCL § 552.28. The courts may modify the award depending on the facts and changed circumstances.
1 Engelman v. Engelman, 213 Mich. 86, 181 N.W. 33 (1921).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
