Legal Question in Family Law in Michigan

non-payment of divorce judgment

Estimated & agreed upon equity in marital home was $35,000. I offered to accept $12,000 in pymts for my share, or $8,000 lump sum. Ex's atty used my settlement offer as mediation brief. Ex agreed to 8,000 due 90 days from JOD date (12-18-97). This was due 10 months ago. Ex is self employed / no actual wages to garnish. House is for sale at a price reflecting $49,000 equity. I have received no payments/nothing. Am I entitled to re-negotiate the judgment of equity to $12,000 as documented in the mediation brief? Or based on the fact that this divorce was granted with me receiving a disproportiante amount of marital assets?? I also took all marital bills and almost no material possessions. My initial willingness to be fair has been abused. I do not believe he ever had any intention on paying it - I obviously have no obvious recourse at this point. So, can I re-negotiate based on non-fulfillment by the other party? I only wanted 20% - 25%. Maybe, this should not have been approved as an 'equitable' settlement!


Asked on 12/14/98, 9:04 pm

2 Answers from Attorneys
Regina Mullen Legal Data Services, PLC

Re: non-payment of divorce judgment

I'm not against being "fair," but when people talk about fairness in divorce, they're usually talking about trying to be "nice" which is almost always against their best interests. Being nice and being fair are NOT the same. If you are fair, then you really don't have to justify your demand; the law will be on your side. You can be "nice"/silly and forgo any rights you may have AFTER you have gotten a "fair" judgment, but it does NOT work the other way around.

It's time to hire that lawyer to sort you out, as much as possible.

Regina Brice

Brice Law Offices

2232 S. Main Street #364


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Answered on 1/24/99, 5:02 pm
Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: non-payment of divorce judgment

It appears that you may be entitled to the $12,000 installment amount as your ex did not turn over to you the $8,000 within the 90 day period. You could go to the court which issued your divorce judgment to seek assistance with the enforcement of said judgment. I would have to review your Judgment of Divorce before I can provide you with any meaningful assistance. You should seek competent legal counsel to assist you in this matter.

My opinion does not constitute legal advice unless I have been speciffically retained as legal counsel and completely informed of the facts of the situation.

Henry J. Legere, Jr.

Sheikh & Associates, P.C.

35 Crocker Blvd.


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Answered on 1/26/99, 9:09 am


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