Legal Question in Family Law in Michigan

What recourse does an ex wife have when the ex husband does not fulfill his financial obligations as set out in the divorce papers, i.e. cancels Life Insurance policy to benefit ex wife, stop payment of cost of living increase and goes back to the original amount.


Asked on 8/31/10, 7:58 am

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

You must seek enforcement of the terms of the judgment through the court by filing a motion. Spousal support may be enforceable if you are having it paid through the Friend of the Court, as each county's FOC has an enforcement system. However, that is for spousal support (alimony) only, and not canceling an insurance policy. You'd file a motion with the judge, have a hearing, and the judge would make a ruling, such as requiring him to do X, Y and Z, by X date, or face sanctions, civil contempt, etc. Also request costs for having to bring a motion to enforce, whether or not your Judgment says you are entitled to costs/attorney fees if you have to seek enforcement of the judgment (your judgment should say this, but your lawyer may have omitted it).

If you need assistance with enforcing the judgment, and can afford to retain a lawyer, please feel free to contact me. Good luck.

Thanks.

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Answered on 9/18/10, 8:47 pm


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