In one sense, the entry of a judgment of divorce is the end of one chapter and the start of your next chapter as a single person. In reality, there are often things that one or both parties to a divorce must do after the judgment is entered to separate their finances or provide for their children. When those things don't happen, you may be left wondering how to enforce a judgment of divorce.

Enforcing a judgment of divorce – or any court order – can be frustrating, complicated, and time consuming. However, there are several steps you can take to ensure that, in the end, you get the things you were court-ordered to receive.

Step 1: Confirm the Language of Your Judgment of Divorce

You may believe you remember what the Judge said about your property, support, or parenting time. However, a Court speaks through its orders. Before you start the work to enforce your judgment of divorce, read it over carefully. Be certain that you understand the instructions the Court gave to both parties. Pay special attention to numbers, including dates and amounts. If you have questions about the order, talk to your divorce attorney who can help you understand its terms.

Step 2: Document the Violation of the Court Order

Next, you should document the violation. You can use this written documentation to prove that there has been a violation of the court order if you eventually end up in front of the judge. Documentation can take many forms, depending on the nature of the violation:

• Calendars with parenting time schedules and notations about pickups and drop offs
• Bank statements demonstrating the non-transfer of funds
• Photos of damaged property
• Emails or text messages in which you ask your former spouse to do what was ordered
• Journals or notes about events that occur in person or on the phone

Ideally, you should try to collect documentation as soon as it occurs. If you record your “present sense impressions” it can sometimes be a way to get around limits on admitting hearsay evidence. However, sometimes you may have to reconstruct the proof after the fact.

Step 3: File a Friend of the Court Complaint (if Applicable)

In Michigan, the Friend of the Court's office has the authority to enforce judgments of divorce and court orders regarding:

• Legal custody disputes
• Parenting time denials
• Violations of conditions on parenting time (such as the use of alcohol, marijuana, or other controlled substances, when it is prohibited in the Judgment of Divorce)
• Non-payment of child support or spousal support arrearages

If you are trying to enforce one of these provisions in your Judgment of Divorce, you can file a complaint with the Friend of the Court, even without an attorney. The Friend of the Court can then help you resolve the dispute, or take steps to remedy the violation, such as awarding make-up parenting time, or using collections methods to get arrearages repaid. Even if you expect you will need to file a motion, filing complaints with the Friend of the Court as the violations occur can help document a pattern of behavior that will make it easier to prove your case in front of the judge.

Step 4: Negotiate Compliance with the Court Order

There are many reasons why your former spouse may not be following your Judgment of Divorce. Some are mean-spirited, based on hard feelings about the divorce itself or the Court ruling against him or her. But others are more practical. He or she may have trouble getting to a parenting time exchange location due to traffic or work schedules. There may be problems with refinancing the marital home to get you your equitable payment.

In these cases, the most effective way to enforce a judgment of divorce can be to negotiate compliance with the help of a Michigan family lawyer. Addressing the issue out of court, either through letters, negotiations or informal mediation, can be more effective and get you the relief you need faster than going to court.

Step 5: File a Motion for Show Cause to Enforce the Court Order

If your former spouse still won't follow the Judgment of Divorce after you have asked him or her repeatedly and tried to find a resolution to the issue, your next step is to file a motion asking the Court to order him or her to appear and “show cause” why they should not be held in contempt of court for violating the court order. These “show cause” motions are effective enforcement tools because they can result in the non-compliant parties paying attorney fees, costs, fines, and even facing jail time if they repeatedly violate the order.

This is where the documentation you gathered above can help you. If you support your motion with written proof, it will show that your former spouse knew they had a duty under the judgment and failed to follow through on it. That will make it harder for him or her to defend against the motion simply by saying they didn't understand what they had to do.

Get Help to Enforce a Judgment of Divorce from a Michigan Family Lawyer

At Bebout, Potere, Cox & Bennion, P.C., we care about you and your family. We help individuals and families in Rochester Hills, Rochester, Troy, Lake Orion, Oxford, Oakland County, Macomb County and throughout Southeast Michigan. We can help you enforce your judgment of divorce or other court order, ensuring you receive what the Court has awarded you. Call us at 248-651-4114 or contact us here to speak to an attorney.