Legal Question in Family Law in Michigan
''Court Juristiction''
The court has aready made a ruling on a tax issue in my divorce. My ex-husband owes me money on a property settlement he sent me part of it and is holding part that he says I owe for my portion of taxes. It clearly states in the court ruling that he will be responiable for the business taxes. My question is is he in contempt of court by holding onto my money.
1 Answer from Attorneys
Re: ''Court Juristiction''
Contempt of Court? Probably not.
BUT, this matter needs to get in front of the judge, and the mechanism to do so is a "Show Cause Hearing."
Your side schedules a hearing with the court, and drafts a motion, served on both ex- and the court. The motion will lay out your position - what the judgment says and how you interpret it.
Hearing before the judge is then your opportunity to tell your story, and have him tell his story.
If the judge rules that your interpretation is correct, then he/she will specifically order him to comply. If he has shown bad faith, the judge may award to you your attorney fees.
Good luck,
Tom Weiss