What to Do When Your Ex Won’t Follow the Divorce Decree

 Posted on January 07, 2026 in Post-Judgment Modification & Enforcement

After your divorce, you will be expected to follow the judge’s orders. This may come with various provisions about property division, child custody, alimony, and more. However, if your ex refuses to obey the decree, you might have to take legal action to enforce it. A Novi, MI family law attorney can represent you in a petition to hold your ex accountable in court.

At Elkouri Heath, PLC, we know just how difficult it can be to deal with an ex who won’t cooperate. When you work with our firm, we will fight for a proper resolution to your situation, whether it involves unpaid support or another problem entirely. Our legal professionals have been named in the 10 Best Attorneys for Client Satisfaction by American Institute of Family Law Attorneys, highlighting the trust we have built up in our community.

Collecting Unpaid Child Support in Michigan

Unpaid child support can quickly strain your budget. Child support is a court order, and in Michigan most payments go through the Friend of the Court and the state disbursement unit, so missed payments are recorded even when parents do not speak.

Recent data from the Michigan Department of Health and Human Services shows that around 77% of child support cases have an order requiring a parent to provide support. If support falls behind, you can ask the Friend of the Court to start enforcement. The court may order wage withholding, intercept tax refunds, place liens on property, or suspend certain licenses. In serious cases, the judge may use contempt proceedings that bring fines or short jail time.

Common Parenting Time Violations

Parenting time problems often begin as small issues. A parent may arrive late, cancel visits at the last minute, or try to change the schedule without a mutual agreement. When this pattern repeats, it can confuse your child and make it hard to plan your own life.

More serious violations include refusing to exchange the child, moving without proper notice, or speaking so negatively about the other parent that the child becomes unwilling to go. These patterns can damage your child’s relationship with both parents.

If your parenting time is not respected, you can contact the Friend of the Court and file a written complaint. The court can order make-up parenting time, adjust the schedule, or use sanctions if a parent keeps breaking the order. When a judge finds that a parent violated a parenting time order without good cause, the judge may use contempt powers and penalties under MCL 552.644.

How Can I Recover Missed Alimony Payments?

Spousal support, or alimony, is meant to provide financial stability after a divorce. When payments stop, you may fall behind on rent, utilities, or other basic needs.

If your judgment of divorce or a later order includes alimony, you can ask the court to enforce it. In many cases, the Friend of the Court also helps with spousal support, especially when child support is part of the same case. The court may order income withholding, payment plans, or other remedies to collect overdue amounts.

Missed alimony payments usually do not disappear. Arrears can build over time, and interest may apply in some situations. A lawyer can review your judgment, help calculate what is owed, and guide you toward the enforcement tools that are most likely to work.

What Is a Motion to Enforce?

A motion to enforce is a written request asking the judge to make your ex follow the divorce order. You can use it for child support, parenting time, alimony, or property division problems. The motion explains which parts of the order were violated and what relief you want the court to order.

Many Michigan courts have standard forms and local rules for these motions. Your lawyer can help you complete the forms, attach proof, and file them with the court and the Friend of the Court.

After you file, the court will schedule a hearing. Both sides can speak, submit evidence, and answer questions. The judge can then order specific steps, such as paying arrears by a certain date, granting make-up parenting time, or changing parts of the existing order.

Filing a Motion to Hold Your Ex in Contempt

Contempt is a stronger enforcement tool that is typically used when a person knowingly and willfully disobeys a court order. It is not meant for every late drop-off or single missed payment.

To ask for contempt, you usually file a motion or an order to show cause. This document lists the parts of the order your ex violated and how often the violations occurred. You will need clear evidence, such as payment histories, messages, or a detailed log of missed parenting time.

At the contempt hearing, the judge decides whether your ex violated the order and whether the violation was willful. If the judge finds contempt, possible results include fines, payment of your attorney fees, make-up parenting time, or even jail time in serious cases.

Tips for Enforcing Your Divorce Decree in 2026

Enforcing a divorce decree can feel like a long and tiring process. These practical steps can make it more manageable:

• Keep careful records of payments, parenting time exchanges, and missed visits, including dates, times, and short notes about what happened.

• Save copies of court orders, support statements, pay stubs, and any letters, emails, or texts from the Friend of the Court or your ex.

• Talk with your attorney early when you notice a pattern of small problems so you can address them before they become major conflicts.

• Use calm, written communication when possible, and avoid angry texts or social media posts that could be shown to the judge later.

• Meet with your attorney before each hearing so you understand what will happen, what documents to bring, and what you hope to achieve.

Contact a Novi, MI Divorce Lawyer

If your ex is not following your divorce decree, you do not have to handle the situation on your own. Help from an experienced Oakland County divorce lawyer can make the process less confusing and less stressful.

At Elkouri Heath, PLC, our legal team understands how frustrating it is when court orders are ignored. We will listen to your concerns, review your records, and build a plan that focuses on your goals for your children and your finances. Contact our Oakland County, MI divorce lawyers or call 248-344-9700 to schedule a free consultation today.