How to Collect on Judgment of Divorce – Michigan Law

Divorce proceedings are over. You currently have your divorce judgment. Divorce judgments are like all other judgments. The ruling identifies who owes whom what. The legal rights to such things now belong to that person. How does that individual get those items? How does one collect on the judgment of divorce? 

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Someone is expected to provide someone with a payment. How do you ensure that it happens? Some milestones will be defined by the divorce ruling. The court will use alternative remedies if such milestones are not reached. The remedies of a creditor will be used by the court. This may involve seizing assets to pay the creditor. These reparation options are available for any judgment.

What to expect in a judgment of divorce?

A divorce decree also referred to as a divorce judgment, is a binding court ruling. It serves as evidence that a couple has formally and legally divorced. Your divorce attorney in Michigan will draft a divorce judgment for you. This draft decree includes details specific to your situation. After a discussion or mediation, the court receives the final form of this document. Once the settlement has been agreed upon by both parties, the court will enter the judgment and grant your divorce.

At the end of the divorce process, the court will issue a final order, often known as a divorce decree. Expect the divorce decree to contain detailed rulings on the following:

[ a ] Spousal support more commonly known as alimony.

[ b ] Custody of children and parenting time

[ c ] Child support

[ d ] Property division 

The judgment of divorce includes the distribution of money and savings, pensions and 401(k)s, debt, personal and real estate assets, parenting time and child support, tax exemptions and refunds, and spousal support. The court must sign the JOD in order for these conditions to become an “Order of the Court.”

The ultimate decision in your divorce case is contained in your judgment of divorce. Before your divorce is final, the Plaintiff must finish it and the judge must sign it. It must outline all the conditions of your divorce. It should include the division of assets and debts and spousal support. Child custody, parenting time, and child support must all be addressed in the judgment. Especially if there are young children involved in the divorce. Don’t forget to submit any judgment addenda.

You and your spouse reached an accord on every aspect of your divorce. That agreement should be reflected in your judgment. Everything the judge ordered must be included in your ruling. Whatever criteria that you and your spouse have already agreed upon are in addition to this one. Several topics in your case were tried in court. You were unable to come to an arrangement with your husband. The provisions of the judgment would be based on what you, the plaintiff, are requesting the court to order if your ex-spouse had defaulted.

How do you violate a judgment of divorce?

Each divorce case is unique. Every divorcing couple receives a settlement, agreement, or judicial order. It is tailored to their particular circumstances. The way the court split the property in a specific case will be unique to the parties. Especially when it comes to property division. A home, two cars, and retirement accounts may be owned by many different married couples. The way in which those assets are recognized and divided depends on the parties. There are many ways in which one or both parties may run the risk of disobeying a judicial order or settlement.

A party can violate the conditions of the divorce judgment. They can do it in a virtually infinite number of ways. They may consist of:

[ a ] Unpaid child support or marital maintenance.

[ b ] Failing to transfer a 401(k) or an IRA.

 [ c ] Failing to give back personal property.

[ d ] Taking an unallowable tax break or holding onto an unallowable refund of taxes.

[ e ] Failure to refinance real estate or vehicles.

[ f ] Absence of real estate or real property quit claim deed.

 [ g ] You settled an obligation that your ex-spouse was supposed to pay as ordered in the JOD.

[ h ] Your ex-spouse was required by the JOD to return to you or move a specific piece of property but has not.

[ i ] Documents required to transfer ownership of a property you earned in your JOD are still unsigned.

[ j ] Your ex-spouse moved your children out of state.

[ k ] Failing to fulfill other property settlement obligations that both parties agreed upon as part of the divorce settlement, such as educational expenses.

This is merely a partial list of the many ways that a party may disobey a divorce decree. Many issues can be settled amicably during the divorce process. Some can spark spirited debate. You may have struck a settlement agreement during the divorce. It can still need some help to be carried out later if your ex-spouse gives you problems collecting on the JOD.

How do you collect in a judgment of divorce?

Both parties are aware the divorce process will soon be over. The Michigan divorce process has the potential to be confrontational. It leaves both parties feeling angry and disappointed. Even after a divorce is finalized, the stress associated with it could still persist. One of the parties to a divorce case or settlement can choose not to follow the court’s orders. What steps can you take to collect on the judgment of divorce?

The parties can challenge any of its provisions. Get the court to uphold the terms of a settlement, agreement, or court order. Talk to your attorney about how to get the court to help you collect.

There are options available to you if your ex-spouse disobeys judicial orders. Your former spouse can be made to appear in court by a skilled family law attorney. A motion to show cause must be taken seriously. It signifies your ex-spouse is required to appear in court. Show a valid cause for why they are disobeying the court’s orders.

Maybe your ex-spouse does have a valid reason. A justification for not carrying out the terms of the divorce judgment. They may have lost their employment or are experiencing a genuine financial emergency. In such circumstances, the judge might grant the offending spouse some latitude. The court will view a party violating the divorce judgment very unfavorably. 

The offending party may be required by the judge to right their wrongdoing right away. The offending partner can be ordered by the court to pay your legal expenses. This is a result of the judge hearing your show cause motion. In severe instances of non-compliance, the court may even jail the offending spouse!

Most people believe that everything is resolved once a Michigan divorce judgment is entered. In most cases, they are accurate. With regard to custody, parenting time, and support, there is a small exception to this norm. Circumstances may cause it to shift. You may ask a court for relief under specific, limited circumstances.

Applications for relief are challenging. The remedy is difficult to get. Fraud or a lack of notice is the most frequent grounds for appealing a divorce judgment. Absent any of these grounds should make it less difficult to collect on the judgment of divorce.

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Goldman and Associates Michigan Family Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.