How do I file a motion for an unpaid divorce settlement in court?
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How do I file a motion for an unpaid divorce settlement in court?
I got final settlement in divorce which the judge ordered to be paid in 30 days. It has been almost 2 months with no payment. My attorney never answers my calls or emails. The money was supposed to be received by him. How can I file motion for unpaid overdue settlement by myself?
Asked on June 7, 2012 under Family Law, Michigan
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The best way to set up the other side for sanctions for not paying the divorce settlement that is currently due is to send a letter to your former spouse requesting payment in 15 days or you will file a motion for issuance of an order to show cause re contempt of a court order.
Keep a copy of the letter for future use and reference. If you do not get the payment in the 15 days, file the petition for issuance of the order to show cause. The court clerk or your local legal aid program should have forms for you to fill out and file such a petition as well as people to possibly assist you with further questions that you may have.
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