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The Judgment of Divorce has been finalized. You are moving forward with your life, figuring out a new custody situation and navigating court-ordered payments from your ex. Things are going smoothly and then, one month, your ex misses a child support or alimony payment. You think, “Okay…..am I supposed to do something about this?”
The answer to that question is yes. When an ex violates a court order, whether it’s skipping a child support or alimony payment, ignoring a custody arrangement, or violating a no-contact order, there are steps you can take to fix this problem.
The Friend of the Court office is a part of the family division in Michigan courts. They will be the ones directly involved in child custody and support orders, and they can enforce court orders on their own or at your request. If you plan to take action on your ex’s violation, below are a few steps you should take.
Review the Court Order & Communicate with Your Ex
Take a second look at the terms of your court order and, if it is safe to do so, try to have a conversation with your ex to see if there was an oversight or mistake on their end. In fact, the Friend of the Court may encourage you to resolve the dispute yourselves if possible.
Remind the other person of what their obligations are and confirm they will correct the issue. Of course, if a peaceful resolution is not likely, you can take legal action.
Document the Violation
It is important to have evidence, so you should gather information including bank statements and payment records to prove missed child support payments, messages from your ex refusing visitation with a child, or witness statements from people who observed confrontations with your ex.
These documents will strengthen your case if you need to go to court, and can demonstrate that your ex’s violations are intentional.
File a Motion with the Court
With a lawyer, you can file a motion with the court to enforce an existing order. If a court agrees that your ex is in contempt, they may face penalties such as fines, wage garnishment, suspension of their driver’s license, or even jail time. In some situations, you can request a court to modify the original court order if your ex continues to disobey.
Court orders are not suggestions or guidelines, but are legal remedies enforceable by a judge. It can be draining when an ex continues to ignore these orders. The team at Striegle Law can assist you in this time by preparing the necessary paperwork and representing your interests before the court.
Get the support you need so you can support your family. Call us today at (616) 253-6688 or fill out our contact form to schedule a free consultation.