Traverse City, MI Divorce Law Firms & Lawyers | Page 2 Results

In South Carolina, unless there is a Court Order to the contrary, you do not have to give her anything inside the house. Now, she can bring an action for divorce (or you can) and seek an equitable distribution of property. Her adultery, if it can be proven to the satisfaction of the Court, would very likely weigh against her in the Court's determination of the equitable distribution of the property. I do hereby clearly advise against any reliance on this information as advice or the application of it to a specific situation without a more thorough consultation with counsel.

You two should engage an attorney to look into this matter and prosecute your case, asking that the cost of your attorney be assessed against him because of his wrongful actions and inaction's.

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.