QUESTION
What should I do if my ex-husband does not comply with our marital settlement agreement? How?
Asked on Jun 11th, 2015 on Divorce - Michigan
More details to this question:
What can I do if my ex-husband doesn't comply with the marital settlement agreement?
11 ANSWERS
If your ex does not comply with your marital settlement agreement, you can ask for a hearing on Contempt and the Judge will use his/her authority to force compliance. Good luck.
Answered on Jun 17th, 2015 at 2:28 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You file what is called a contempt or show cause action.
Answered on Jun 17th, 2015 at 2:28 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney and attempt to enforce it.
Answered on Jun 17th, 2015 at 2:28 PM
4 Awards
You can have him held in contempt.
Answered on Jun 17th, 2015 at 2:28 PM
Bruce Provda
Then you need to file a petition for the court to order his compliance.
Answered on Jun 17th, 2015 at 2:28 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Make a motion to compel.
Answered on Jun 17th, 2015 at 2:27 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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File a Motion to Enforce with the Judge.
Answered on Jun 17th, 2015 at 2:27 PM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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You file Motion to Enforce the Agreement, i.e. Motion for Contempt.
Answered on Jun 17th, 2015 at 2:27 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Assuming the settlement agreement was in writing and is part of the divorce judgmentyou can file a motion to hold him in contempt of the judgment..he could get significant penalties.
Answered on Jun 17th, 2015 at 2:27 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Assuming the MSA was expressly included in the judgment or decree of divorce, you can bring a motion or Order to Show Cause for contempt against him.
Answered on Jun 17th, 2015 at 2:27 PM
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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If the Marital Settlement Agreement is only an agreement, the remedy is a breach of contract action. If the Marital Settlement Agreement is attached to a filed Judgment, therefore becoming a Judgment the non compliance to the Judgment may be a contempt of court. Then a contempt proceeding can be brought to give the husband a choice of compliance, community service, or jail time, which may also bring an award of attorney fees and costs for this procedure.
Answered on Jun 17th, 2015 at 2:27 PM