Curtis Michael Villar's Answers

What process should I follow to have my divorce decree enforced?

Attorney Heisler is correct. I practice in Ottawa county and the first thing you should do is submit your medical bills to the Friend of the Court for enforcement. Should the FOC not be successful and should your ex resist, then you file a motion to hold him in contempt of court and ask for attorney fees for having to enforce the 50/50 provision in your Judgment.

1 person marked this answer as helpful

My husband is a pastor who is not claiming taxes or filing w-9s for employees at the church. I am ready to file for divorce but

Spousal support depends upon the length of your marriage, the relative fault of the parties in causing the breakdown of the marriage, and the ability to pay. You have not given enough information to answer the question. In addition, you may have some tax problems if you and your husband have been filing joint taxes for years claiming no income for him if, in fact, he is receiving income from being a pastor. Finally, in order to possibly receive some spousal support, you would have to have...

Can I beat a fleeing eluding case

The only way to "beat" this case is to have a jury or bench trial because the prosecutor is not offering to dismiss or further reduce the charge. I would suggest a jury trial would be the appropriate choice for you. Your case is a fact-specific case. If the jury believes you, they will conclude that you weren't fleeing or eluding the officer. However, my guess is that the officer's version of the events may be significantly different than yours. If that is the case, you are going to...

Can I be charge with murder If I was caught had the gun that the person was murder with

The first thing that you should do is retain an attorney in your area. Next, you could be charged with murder for having the gun if you were acting in concert with the person who did commit the murder. The big question is how did you get the gun in the first place? If you are hiding the gun for someone else you could be an accessory to the crime as well.

Can a judge take away my right to appeal custody ?

I'd need a little more information to be able to fully address your question. Did you receive a proposed Judgment of Divorce as part of a settlement agreement that was placed on the record in front of a judge? Or was it a proposed Judgment of Divorce that was really an offer to settle? In a contested divorce, a Judge cannot take away your right to appeal. You can waive your right to appeal, but that has to be an agreement between you and the other side. If you do not have such an...

What to do next?

You have to make sure that you file a proof of service with the court first. A proof of service is a document telling the court and the opposing side that you have served papers on your husband. Next, if he was personally served the papers, you can file a Default against him after 21 days. If it was served by mail, you have to wait until 28 days go by. Upon filing your proof of service, you can enter a Default against him. You can find the Default form by searching "Michigan SCAO forms"...