Legal Question in Family Law in Michigan
Life Insurance Clause
I am the Plaintiff for the divorced and have a 16 yr old son. I've been paying child support since 1993. My son's mother is the custodial parent and we share Joint Legal Custody. My question is as follows:
Within the State of Michigan Judgment of Divorce, under the Section {Life Insurance}, it states the following. ''So long as Plaintiff is required to pay child support under this Judgment, as security for his child support obligation, he shall name Defendant beneficiary of the first One Hundred Fifty Thousand ($150,000.00) Dollars, of the life insurance on his life, being: [Life Insurance Company and policy no.]. Except as provided above, each party's rights to any policy insuring the other party's life are terminated. Any insurance policies shall be payable to the estates of the respective parties, or to such other person(s) as the parties designate.''
I only owe $16,700 dollars for the remainder of the child support obligation. Is it possible to amend this clause and/or have it removed entirely?
1 Answer from Attorneys
Re: Life Insurance Clause
Greetings; You do not have an absoute right to have that provision changed. Judgment terms are assumed to be final. However, two possibilities exist. First, if your former spouse is willing to sign an agreement (stip & order prepared by an attorney)the court will approve it. Or you can file a motion in circuit court asking the court to modify the provision. The judge has the authority to change it if they find good cause. Your biggest problem will be showing how this provision harms you. Frankly, I do not see how it can. Many thanks, Attorney Trichler; www.trichler.com
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