Alimony or Allowance for Support and Education of Children as Lien; Default; Powers of Court.

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Sec. 27.

If alimony or an allowance for the support and education of the children is awarded to either party, the amount of the alimony or allowance constitutes a lien upon the real and personal estate of the adverse party as provided in section 25a of the support and parenting time enforcement act, 1982 PA 295, MCL 552.65a. The court may do 1 or more of the following if the party defaults on the payment of the amount awarded:

(a) Order the sale of the property against which the lien is adjudged in the same manner and upon the same notice as in suits for the foreclosure of mortgage liens.

(b) Award execution for the collection of the judgment.

(c) Order the sequestration of the real and personal estate of either party and may appoint a receiver of the real estate or personal estate, or both, and cause the personal estate and the rents and profits of the real estate to be applied to the payment of the judgment.

(d) Award a division between the husband and wife of the real and personal estate of either party or of the husband and wife by joint ownership or right as the court considers equitable and just.

History: R.S. 1846, Ch. 84 ;-- CL 1857, 3248 ;-- Am. 1865, Act 255, Eff. June 22, 1865 ;-- CL 1871, 4759 ;-- Am. 1877, Act 44, Eff. Aug. 21, 1877 ;-- How. 6247 ;-- Am. 1897, Act 197, Eff. Aug. 30, 1897 ;-- CL 1897, 8640 ;-- CL 1915, 11416 ;-- CL 1929, 12747 ;-- CL 1948, 552.27 ;-- Am. 1970, Act 182, Imd. Eff. Aug. 3, 1970 ;-- Am. 1990, Act 243, Imd. Eff. Oct. 10, 1990 ;-- Am. 1998, Act 96, Eff. Aug. 10, 1998
Compiler's Notes: At the end of the first sentence of the first paragraph of this section, the reference to “1982 PA 295, MCL 552.65a” evidently should read “1982 PA 295, MCL 552.625a.”
Popular Name: No-Fault Divorce


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