The process of getting divorced in Michigan often can be contentious, and both parties can feel angry and frustrated even when they know that the process will soon be completed. For many Michigan residents who are dealing with a divorce, knowing that an experienced and compassionate divorce lawyer is serving as an advocate can bring some relief. Yet the stress that accompanies divorce may not always be finished once a divorce is finalized. In some situations, one of the parties may refuse to comply with what the court orders as part of a divorce settlement or case. What can you do about post-judgment enforcement?
In short, if one of the parties in a divorce is not complying with any part of a settlement, agreement, or court order that arose out of your divorce, you may be able to have the court enforce those terms with the help of a Michigan divorce attorney.
Terms of a Divorce Settlement or Order That Could Need Enforcement
Since every divorce case is different, every divorced couple ends up with a settlement, agreement, or a court order that is specific to their case. When it comes to property division, the way in which the court has divided property in a particular case will be specific to the parties. While many different married couples may own a house, two vehicles, and retirement accounts, the way in which that property will be identified and divided is specific to the parties. As such, there are numerous ways-also specific to the parties-that one or both parties may be at risk of violating a court settlement or order.
Examples of violations of a judgment of divorce in Michigan may include but are not limited to the following:
- Failure to pay spousal support;
- Failure to transfer retirement benefits;
- Failure to give the other spouse tangible marital property awarded in the divorce (such as a motor vehicle, a piece of furniture, or a painting);
- Failure to pay child support;
- Claiming the children as dependents for tax purposes when that benefit was awarded to the other party; or
- Failing to pay college expenses or other property settlement provisions that both parties agreed upon as part of the divorce settlement.
Options for Enforcing a Divorce Settlement or Judgment
In most cases where the other party has violated one of the terms of the divorce settlement or judgment, a divorce attorney can help you to file a motion to enforce or show cause, which will require the party in violation to show up in court. The party in violation will be required to show good cause for violating the order. Without good cause, the court can require the party in violation to abide by the terms of the order, as well as to pay your attorney’s fees.
There are also other options for a court to use when one of the parties is non-compliant that your divorce lawyer can discuss with you.
Contact a Michigan Divorce Attorney
If your ex-spouse has violated any of the terms of your divorce settlement or judgment of divorce, you should know that you have enforcement options available to you. A dedicated Michigan divorce attorney at our firm can begin working on your case to ensure that your ex-spouse upholds his or her part of the divorce settlement or judgment. Courts take divorce judgments very seriously and have numerous options for enforcing the order against the other party. Contact the Law Offices of Michael A. Robbins to learn more about how we can help you.