During divorce and other family law-related issues, the courts may issue orders concerning child support, property divisions, support payments, custody arrangements, etc. However, ex-spouses might not always follow these legally binding orders. Given the complexity and sensitivity of divorce and family issues, it can be difficult to enforce a court order when the other party is unwilling.
If you are currently embroiled in a court order enforcement dispute, call the law offices of Eisenberg & Spilman, PLLC, at 248-358-8880. Michigan’s court system takes court order enforcement extremely seriously, and violators can face severe punishment under the law, ranging from loss of parental rights and fines to jail time. We will help you seek solutions to enforce court orders that are in the best interests of you and your child.
Contact us today for a case consultation with a divorce order enforcement attorney serving Oakland County, Michigan.
Judgements of divorce in Michigan will issue various orders after a divorce agreement to prescribe and restrict certain behaviors. Judgement of divorce and court orders are legally binding, and either party can be taken to court if they refuse to comply with an order. Judgements of divorce and court orders frequently concern:
Carefully drafted judgments of divorce and settlement agreements provide structure and guidance in people’s post-divorce lives. They clearly define each party’s privileges and obligations concerning post-divorce matters.
If one party violates the terms of a court order, the other party has the right to take them to court for enforcement. A parent or spouse can violate a court-issued order in several ways. Below are some of the most common examples that would justify petitioning for a court order enforcement.
If you believe that your ex is violating a court order concerning the terms of your divorce, you can file a motion with The Friend of the Court (FOC). The FOC will begin enforcement procedures if they determine that the offender is violating the order.
The exact nature of the court’s enforcement methods depends on the specific order. Common remedies aimed at court order enforcement in Michigan might include:
If your ex-spouse continually violates the terms of a court order, you can file a motion to hold them in contempt of court. While under contempt, courts can sanction the offender with various civil and criminal penalties, including fines, administrative penalties, and even criminal penalties. A judge will hold a party in contempt of court when they are able to fulfill their obligations but refuse to do so.
As part of being held in contempt of court, a judge might order the offender to make remedial or punitive payments. Remedial payments compensate the aggrieved party for any injuries that a refusal to comply has caused. Punitive payments serve to punish the offender and deter future court order violations.
Depending on the nature and frequency of the violation, you can also request a court order modification to reflect the current circumstances. For instance, if an ex-spouse routinely violates a parenting time schedule, a court may modify the order to only allow supervised parenting time. If an offender violates a spousal support order, the court may modify the order to change payments.
For exes who refuse to make child support or spousal support payments, the state can garnish their wages. With wage garnishment, the state requires the violator’s employer to deduct payments directly from their paycheck and send it to you. In Michigan, the state can garnish up to 50 percent of the offender’s disposable income for cases involving child support and spousal support payments.
Another enforcement method is for the court to place liens on the offender’s assets and property. When a court places a lien on a property or asset, the owner cannot sell it or transfer ownership until they settle their financial obligations. A court may also order the sale of a particular asset or assets and give the proceeds to the petitioner.
In certain circumstances, a court might level administrative penalties to incentivize compliance with an order. The court might suspend the violator’s driver’s license or make it harder for them to apply for a passport.
In extreme cases, enforcement of a court order may result in criminal charges. Contempt of court is typically a misdemeanor charge, although aggravating circumstances can upgrade the charge to a felony. Additionally, a criminal contempt of court conviction will go on the offender’s criminal record.
For example, according to Michigan law, failure to pay child support within the timeframe the order specifies is a felony violation that can carry a four-year prison sentence and a fine of up to $2,000.
There is no single answer to this question. Timelines for court order enforcement depend heavily on the nature of the divorce agreement and the specific actions of the violator. If the violator complies with the order, enforcement disputes can be resolved within a matter of weeks. If the violator attempts to fight, enforcement can take months or even over a year.
Hence, if you are in a current divorce court order dispute, you need an attorney who will aggressively defend your interests and use every available legal strategy. The sooner you speak to an attorney, the more likely it is you will be able to resolve your dispute quickly and efficiently.
Non-compliance in family law issues is a sensitive matter, but you deserve a knowledgeable Michigan divorce attorney who will fight for your rights. The attorneys at Eisenberg & Spilman, PLLC, have received numerous awards and professional recognition for their work in divorce and family law issues in Michigan.
We prioritize a collaborative approach to managing our clients to help navigate them through divorce and post-divorce proceedings. We understand the difficulties inherent in divorce and separation agreements, especially in cases involving children. We promise to do everything in our power to protect your interest and will explore every available legal option to achieve a satisfactory resolution. We believe in transparency and fairness. We will thoroughly explain our fair billing practices so that you know where every penny goes.
If you have questions about court order enforcement or would like a case consultation, contact us online or call 248-358-8880 to speak to a court order enforcement attorney serving Oakland, Wayne, Macomb, and Washtenaw Counties.