Legal Question in Family Law in Michigan

Re: Obtaining Payments from Ex-Spouses

Frankly, I can't believe that her mortgage payments equal her rent,--how does she eat, pay for gas, etc.? Seems she can't afford to have the job she's got,--she needs a better one.

I would strongly suggest that your friend contact an attorney, pay for 2 hours of time at a fixed rate and get the advice she needs, --rather than not hire one and regret it. However, your friend does not need to hire an attorney to collect child support. If her Ex is being paid off the books, then the FOC should still have approximated what he can pay and assigned him a value. If he is employed, his wages should still be garnishable. Maybe a hint to the IRS would get him "on the books" and help her get support faster.

Now. If her mortgage truly equals her rent then she didn't make a very good deal in her divorce judgment, because that simply doesn't make ANY sort of horse sense. Neither does it make sense that she was willing to accept everything in her name, but with the payments being made by her Ex, without equity in the house. And still expect to raise the child. Why wasn't there also a lump sum payment to tide her over if he has the kind of money to pay for everything you've listed here? Maybe she should consider getting rid of that leased car and taking a lump sum payment instead,-- get an inexpensive car that works and live with that... There are too many strange things from what you've written.... She can go down to the court and try to put some heat under the FOC herself, learn how to file the forms and help herself, which is highly recommended even if she does hire an attorney because it sounds like she has ALLOWED herself to stay married to the guy by giving him control over her finances.

Regina Brice

Brice Law Offices

2232 S. Main Street #364