Family Law Is All We Do
Enforcement of Judgments and Orders in Michigan
So, you got the couch in your divorce, but she won't give it to you. What do you do? You have to go back to Court to enforce the terms of your Michigan Judgment of Divorce.
- Many times, although a Michigan Judgment of Divorce or a Michigan Order of the Court awards property, support, custody or parenting time, the party obligated to follow the Michigan Judgment of Divorce or Michigan Order ignores it.
- This forces the party wishing to enforce the Michigan Judgment of Divorce or Michigan Order to go back to Court to ask the Judge to enforce the Michigan Judgment of Divorce or Michigan Order of Support.
- Our Michigan Divorce and Family Law office is effective in pursuing enforcement of Michigan Divorce Judgments and Michigan Child or Spousal Support Orders.
Can my spouse file bankruptcy to avoid paying me what he owes in our Michigan Divorce Judgment?
Although one can file Bankruptcy to discharge their debts, usually a property settlement awarded in a Judgment of Divorce is not dischargable in the Bankruptcy Court and can be enforced by the Court that entered the Judgment.
What can the court do to enforce my property settlement in my Michigan Judgment of Divorce?
- A MICHIGAN JUDGE CAN ISSUE SANCTIONS, COSTS AND CONTEMPT
- Let's take the couch example above.
- Obviously, the Court can Order that the item be turned over in a certain number of days, or pay a fine.
- Frequently, when someone is awarded a piece of property that is "valuable" to them (usually sentimental value), the other party will refuse to turn it over.
- They may claim it was "ruined" or that "lost". If that is the case, the Court will generally require repayment for the item.
- Sometimes the item in question has a bigger dollar value that a couch, like a large payment due or the sale of a house, or maybe it is that one party refuses to agree to the price for the sale of a home.
- If the party refuses to cooperate in the sale of an item that is required by a Judgment or Order or refuses to pay what is owed pursuant to a Judgment or Order, the Court could appoint a Receiver.
- A Receiver is an independent person, usually an attorney, who is appointed by the Judge, and has the power (among other things) to seize and sell assets.
- A Receiver can get the job done. However, items seized are usually sold at a fire sale price, which can impact the amount of the price for the sale of a home, or a business if that is what is required.
- Also, the fees charged by a Receiver be high.