QUESTION

Can I continue my divorce settlement without an attorney and can I sue my Ex for this?

Asked on Mar 25th, 2013 on Divorce - Michigan
More details to this question:
In my divorce settlement, I was awarded almost $10k. It's been 2 years and still nothing. I can't afford a lawyer and I am at wits end. Please, what can I do? I am low income and stressed beyond belief.
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2 ANSWERS

Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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File a Motion for Contempt ... he is in contempt of the court's judgment by not paying you pursuant to the judgment. File the motion in the court which entered your divorce judgment.. You will have to have him served with the motion and a notice of hearing. (have a process server do this) Unless its regarding child support it should not go through the friend of the court so.. In your motion ask that he be thrown in jail until he pays. The motion should read something like (assuming you are the plaintiff) >>> Plaintiff, ______________, by and through her attorney _____________ (or acting Pro Se if you do not have an attorney), motions this Court to find Defendant, __________________, in contempt of court, because of the following: 1. This motion is brought pursuant to the provisions of MCL 600.1701(g) and MCL 600.1715(1). 2. On (date of judgment) this Court entered a divorce judgment which required Defendant to pay Plaintiff the following: $10,000 on or before (or on the following payment terms) 3. The Court retained jurisdiction in order to effectuate the terms of the parties' settlement. Specifically, the Judgment {should} state: This Court shall retain jurisdiction of this matter to enforce the executory terms of this Judgment of Divorce. [Judgment page ___, paragraph ___] 4. Regardless of the settlement of the above Judgment, Defendant specifically refused, and failed, to pay Plaintiff 5. MCL 600.1715(1) grants the court contempt power to imprison DEFENDANT for up to 93 days or obligate him to pay a fine of up to $7,500 for his failure, neglect, and/or disregard of the terms of the court's judgment because of his failure to make any attempt to follow this Court’s Judgment and he is in contempt of court and must be appropriately punished for his contempt. The Notice of hearing should say: >>> NOTICE OF HEARING ON THE MOTION TO: Defendant PLEASE TAKE NOTICE that a hearing will be held on Plaintiff's motion to find you in contempt of court before Honorable Family Division Judge _____NAME OF JUDGE_________, or her designate, on date ++++++, _____________ at 8:30 a.m., at ________________ADDRESS OF COURT ____________________________________ or as soon as the motion may be heard. You are invited to attend the hearing.
Answered on Mar 26th, 2013 at 11:02 PM

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Family Law Attorney serving Canton, MI at Woods and O'Keefe
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You can do a Motion to Enforce with an attorney and it is often a requirement in the judgment that the person against whom the enforement is sought pays the other's attorney fees. Even if this clause is not in the judgment, if you're destitute and you win, often the judge will award you attorney fees anyway.
Answered on Mar 26th, 2013 at 11:00 PM

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