Most people hope that when their child custody order or Judgment of Divorce is entered, it is the end of their time in court. Unfortunately, all too often, one or both parties are unable or unwilling to follow through with the court's instructions. When that happens, post-judgment of divorce enforcement proceedings become necessary. The Michigan family law attorneys at Bebout, Potere, Cox & Bennion, P.C., know how to enforce Michigan court orders and can help you make sure you reach a fair result.
You Must Follow Court Orders
It should go without saying, but both parties to a divorce or custody action are legally required to comply with court orders. This includes the temporary orders entered while the case is pending, as well as the final order of the Court. The fact that a Judgment of Divorce or Child Custody Order has been entered does not excuse either party from following through on their agreements or the court's requirements.
However, it is often the case that one or both parties do not follow through on the court's orders. Whether it is by denying parenting time, falling behind on support payments, or failing to deliver property, parties can all too often violate court orders. When that happens, you may need to hire a Michigan family law attorney to help you file a post-judgment of divorce enforcement motion.
Friend of the Court Enforcement Options for Custody, Parenting Time, and Support
If the order being violated is a child custody, parenting time, child support, or spousal support order, there is a step you can take to enforce that order before filing a motion in court. Michigan's Friend of the Court system provides dispute resolution and enforcement services for child-related issues and uniform spousal support orders. When a party files a complaint with the Friend of the Court, investigators and mediators can help to resolve the issue by:
- Negotiating make-up parenting time
- Explaining joint custody obligations
- Making small adjustments to parenting time schedules
- Using financial collections methods to recover unpaid child support or spousal support
Even if the violation is too small to warrant hiring an attorney, filing a complaint with the Friend of the Court can help you document your ex-spouse or co-parent's bad behavior. That will allow you to demonstrate a pattern later, should the conduct continue.
Using Orders to Show Cause for Post-Judgment of Divorce Enforcement
For more significant violations of court orders, or to enforce the property provisions of a Judgment of Divorce, you may need to file a motion to enforce the judgment or order or a “Motion for Order to Show Cause”. A motion to enforce asks the Court to require the other party to follow through on the promises made in a settlement agreement or orders issued after a trial.
A “show cause” motion is similar but has more severe consequences for the other party. It asks the Court to hold your ex-spouse or co-parent in contempt of court and order them to pay fines, attorney fees, or in severe cases even send them to jail for failing to follow the court's orders. Show cause motions have technical requirements that must be met because they are “quasi-criminal” proceedings – including personal service of process. That is why you should always work with an experienced Michigan family law attorney to enforce your judgment or order.
What to Do When a Judgment Becomes Impossible
The violation of a court order is not always malicious or mean-spirited. Sometimes the judge's orders become impossible. For example, if you were ordered to refinance the marital home to buy out your ex-spouse's equity, but cannot be approved for a mortgage, you could be in violation of the court order, through no fault of your own.
When that happens, you could find yourself defending a post-judgment of divorce enforcement action. The best approach in these cases is often to negotiate with your ex-spouse with the help of an attorney. In the above example, you may be able to negotiate more time to obtain a loan, a slightly lower equitable payment, or you might agree to sell the home and split the proceeds. The Court can issue an order requiring you to do any of these things. If you can reach a settlement, you may be able to avoid angering the judge and facing contempt sanctions on top of the earlier court order.
Motions for Clarification and Modification
While not exactly the same, there are also cases where a party may need to file a motion to clarify or modify a judgment after it is entered. Some provisions of a Judgment of Divorce, including child custody, parenting time, child support and (in most cases) spousal support remain modifiable based on the best interest of the children and the circumstances of the parties. In contrast, settlement agreements and property divisions are usually final. However, sometimes, the language a Court uses in a judgment or order can be ambiguous or even contain errors. If so, you can file a motion to clarify the language to ensure the court's intent is enforced, even if the wording needs to be changed.
Get Help with Post-Judgment of Divorce Enforcement 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.