Legal Question in Family Law in Michigan

My husband and I divorced 3 years ago. The divorce judgement states that he is to pay me $600 a month for 4 years. For unsubsantiated reasons he did not pay me last month and informs me he does not intend on paying me any more. He has not been paying me through the friend of the court so they say they can not help me. My attorney is going to charge me more than I can afford at this time. She says I can do it myself though by filing a motion. How do I go about doing this?


Asked on 10/05/10, 12:06 pm

1 Answer from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

You would need to file a Motion to Enforce Terms of the Judgment of Divorce and briefly recite the facts you just stated here, which you will also repeat when the court holds a hearing. You have to serve your husband with a copy of all documents you file with the court. Contact the court for a hearing date. If your Ex doesn't appear and explain himself, then he will be held in contempt and/or the court will set a show cause hearing. This is the procedure you would take to enforce any terms of the Judgment that he has violated, whether it involves payment of money or spousal support, division of assets, or some other term.

You should also sign up for the FOC services from this point forward if you think you will still have problems getting your money, as they will take care of scheduling hearings and issuing bench warrants in the future.

Good luck.

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Answered on 10/13/10, 2:17 pm


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