What to Expect if Your Ex Keeps Violating a Court Order in Michigan

We frequently ask the client about the judge assigned to the case. We typically receive a quick response. Pushback happens from time to time. Why do you require the identity of the judge? Exactly why does it matter? It shouldn’t matter, theoretically. You bringing a lawsuit against your former spouse. The case’s judge should not be relevant. What should you expect if your ex keeps violating a court order?

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Whomever the judge is, the legal advice ought to be the same. Who the presiding judge is should not matter. The fact is that it does. Some judges could be more forgiving than others. One will put up with repeated offenses. If there is even the slightest infraction, another judge will sentence your ex-spouse. Your attorney will advise you to continue submitting a motion to hold your ex-spouse in contempt. Recording instances of the court order being violated repeatedly is the goal. Even judges who are known to be lenient won’t stand for persistent defiance.

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Does it matter who is the presiding judge in your family law case?

Judges are lawyers who no longer practice law and were either elected or appointed. It means judges have personalities and viewpoints. They can vary much like people generally do. Family law is one of those special areas of the law. You might present your case to judge number one in one courtroom and receive one outcome. You present your case to judge number two in a different courtroom and receive a different one.

Are there significant differences between those results? Probably none, although judges frequently do not view all facts and issues in the same way.

A family law judge rarely exercises his or her veto powers. This is particularly true in a settlement negotiated by both parties in a divorce. An agreement might be significantly at odds with the children’s best interests. This may be one of the few times a judge may hesitate to approve the spouses’ arrangement.

That is not to argue that judges in family law do not have opinions on agreements. The willingness, knowledge, and intelligence a party enters into the agreement may be called into doubt by a family law judge. It may be uncommon. It does occasionally occur when the court wishes to make sure that each side is aware of what they are doing.

Fathers most frequently ask for a different judge due to a suspected bias. Some judges may still hold to the antiquated notion a child should stay with the mother. Some will simply refuse to consider the case’s facts. Others will form an early grudge, such as if you often arrive late to court and the judge treats you poorly. And this may happen as well when ex-spouses or co-parents violate court orders. Some can be very unforgiving some unusually tolerant.

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What should you expect from the presiding family law judge?

We are already aware that judges interpret the application of family law in our cases. We know they will decide based on the law. They will decide based on what is fair and equitable in any divorce case. And, they will decide on custody cases based on what serves the best interest of the child. What are your expectations based on the different issues they need to resolve? You need to understand this because it will influence how they decide on the different issues in a family law case.

Expectations on property division.

Judges normally do not intervene in property division agreements. Spouses frequently resolve property disputes through agreements outside of court. A family law judge assigned to the case may not be aware of the contents of the agreement. Judges in family law instead focus on the final result, which is the actual divorce agreement.

Expectations on spousal support.

Like property agreements, spousal support arrangements are often upheld by family law judges. They do so without intervention. Family law judges do sign the agreements couples present through their attorneys. Judges most of the time approve it unless there is something conspicuous and unique.

The judge may refuse to issue orders in accordance with the agreement.?The judge may hold off the orders until the time judge is satisfied the agreement is valid, fair, and equitable. And, that the parties agreed voluntarily, knowingly, and intelligently.

Expectations on child custody?

The judges are aware that the children’s best interests come first. They put that child’s interests first in whatever they do. There may be legal requirements in custody cases before the best interest analysis. In reality, the best interest standard drives the decision-making process.

If it is in the best interests of the children, family law judges like to maintain stability in their lives. Stability extends beyond the children’s residence and living arrangements. Stability also refers to their daily activities, routines, and life events.

Complex orders annoy family law judges. They prefer to keep things simple. They prefer tried-and-true parenting strategies that reduce conflict. Judges in family law prefer joint legal custody. It enables both parents to participate in the decision-making process. Judges prefer getting both spouses’ consent on some significant choices. The exception to this rule is when granting shared legal custody would not be in the children’s best interests.

Judges in family courts lack the time and tolerance to micromanage parents. They don’t want to hear complaints that don’t have a big influence on what’s best for the children.

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What should you expect if an ex-spouse keeps violating a court order?

A former spouse or co-parent or soon-to-be ex-spouse can make your life miserable. They can refuse to pay support. Refuse parenting time requests. Or, they can oppose all your efforts to finish your divorce. You can get your case and your life back on track. You may be able to use court actions to change the other party’s behavior. You can ask the court to hold the violating party in contempt. A contempt of court hearing is usually set to resolve court order violations

A “show cause” hearing is also referred to as a contempt of court hearing. A show cause is a court hearing giving an accused the chance to explain why they did not follow the court order.

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What do you mean by contempt of court?

The concept of contempt of court and its repercussions rely on what the court has ordered a party to do. It indicates that what the party did or did not do violates a court order (civil contempt). Or, the party disobeyed a court order or offends or denigrates the court’s authority or dignity (criminal contempt).

Civil Contempt

When a party is found to be in civil contempt, the court wants to make sure they follow the order. There is frequent civil contempt of court penalties in family law disputes. They can be any of the following kinds of penalties:

[ a ]?A conditional jail time (rarely resorted to)

[ b ]?Costs and penalties

[ c ]?Limitations on the inclusion of evidence as a result of litigation

[ d ]?Damages

[ e ]?Attorney’s fees

The results of a civil contempt hearing can be overturned or corrected. That implies that the sanctions may be waived after the party who disobeyed the court order did so.

Criminal Contempt

Criminal contempt cases entail past wrongdoings that the offender cannot undo. Criminal contempt convictions cannot be overturned, in contrast to civil contempt. Criminal contempt of court carries any of the following penalties:

[ a ]?93 days or more in fixed jail term

[ b ]?A fine not to exceed $7,500

[ c ]?An optional period of probation

[ d ]?Damages

[ e ]?Attorney’s fees.

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How do you apply contempt of court in a family law case?

Parents who refuse to pay child support. Or ex-spouses who disobey custody and visitation rules can be held in contempt of court. They can be subject to harsh penalties. You can apply it when your spouse’s activities hinder your ability to finish your divorce. or prevent them from fulfilling their end of a divorce judgment.

Contempt of court applied to discovery order violation.

Any violation of a court order constitutes contempt. It includes actions taken before the entry of the divorce decree. You and your divorce lawyer may use civil contempt as a strategy. A strategy to compel cooperation from a recalcitrant spouse throughout the discovery process.

Each spouse in a divorce has the right to speak up and seek access to documents. A spouse can ask the other spouse to confirm or refute specific claims. The purpose of “discovery” ensure all parties are aware of the potential issues, assets, debts, witnesses, and evidence. All those mentioned will be presented before the court. A reasonable settlement offer depends on the information gathered during discovery.?Good-faith negotiations avoid the cost, expense, and risk associated with going to trial.?

Sometimes one side feels they can force the other to accept less than is fair. They do this by limiting access to information. Your divorce attorney may submit a motion to compel discovery to the court. It is an option if a party declines to comply with discovery. If you succeed in that move, the court will issue an order. The order will direct the opposing party to provide the requested information. You can request that the court hold them in contempt if they continue to refuse.

Contempt of court applied to unpaid child support.

In some cases, the motion for contempt isn’t even brought by the less fortunate parent. If you are for paying child support and you are behind your payments, expect to receive an “Order to Show Cause.” This order will be asking you why you shouldn’t be held in contempt. You will be explaining why you failed to make the required payments. Reaching a level of arrears, the Friend of the Court will start proceedings for contempt (unpaid child support).

If the sum is significant, unpaid child support may be grounds for civil or criminal contempt. It can also be grounds for separate felony proceedings. It is important to treat an order to show cause for unpaid support seriously. You should speak with a family law attorney right away to arrange for payment of any unpaid arrears. Have your child support order modified. It should reflect any changes in your situation since the decision was rendered.

Contempt of court applied to parenting time denial.

Refusals to grant parenting time are one of the most common reasons for contempt lawsuits.?Both parties are obligated to abide by the court’s custody and parenting time orders. Even if they are only temporary, and parents are to spend time with their children. They should do so on the days and times specified in the parenting time orders. The opposing parent may file a parenting time denial with their local Friend of the Court office. You can do this when the custodial parent refuses to turn over the children at the appointed time.

Usually, only one or two refusals to grant parental time will result in contempt actions. A motion to enforce your custody and parenting time order may be submitted by you and your family law counsel. Your attorney can ask to hold the other party in civil contempt for refusing you access to your child.

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Goldman and Associates Michigan Family Law Firm is here to with information about?Child Custody and Divorce in the State of Michigan.