Revised Statutes of 1846
R.S. of 1846
552.27 Alimony or allowance for support and education of children as lien; default; powers of court.
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.”
PopularName Notes:
No-Fault Divorce
Notes of Decisions
Kasper v. Metro. Life Ins., 313 N.W.2d 904 (Mich. 1981).
· cites it 4× “While acknowledging that the circuit court cannot order a party to a divorce proceeding to convey property to a third party, I believe that to award the insurance proceeds in the instant case to Jason Kasper's grandfather violates the intent of a validly drawn and agreed-upon…”
Corley v. Corley, 261 N.W.2d 65 (Mich. Ct. App. 1977).
· cites it 4× “MCLA 552.27; MSA 25.105 provides various methods by which a court may enforce its awards of alimony.”
Merch. v. Merch., 343 N.W.2d 620 (Mich. Ct. App. 1983).
· cites it 2× “MCL 552.27; MSA 25.105. The latter statute provides that where child support is awarded to one party: "[T]he amount thereof shall constitute a lien upon such of the real and personal estate of the adverse party as the court by its judgment shall direct, and in default of payment…”
Wayne Cnty. Jail Inmates v. Wayne Cnty. Chief Exec. Officer, 444 N.W.2d 549 (Mich. Ct. App. 1989).
“If we correctly interpret defendant’s claim it is that a court of equity has no jurisdiction to appoint a receiver for a corporation except in a voluntary proceeding provided for in § 13563 et seq.”
Talbot v. Talbot, 297 N.W.2d 896 (Mich. Ct. App. 1980).
“Did the presence of the defendant’s husband, who is a judge of the Court of Appeals, during the hearing on the post-judgment action prejudice the outcome of the hearing? Can the Circuit Court Enter a Judgment for Arrearage in Child Support? Child support differs from alimony in…”
Budwit v. Herr, 63 N.W.2d 841 (Mich. 1954).
“132), which statute must be read into every conveyance by the entireties as of the time of vesting, thus becoming a limitation thereon or condition thereof at that time.”
Kavanagh v. Kavanagh, 186 N.W.2d 870 (Mich. Ct. App. 1971).
· cites it 2× “MCLA § 552.27 (Stat Ann 1957 Rev § 25.105).”
Easley v. John Hancock Mut. Life Ins., 271 N.W.2d 513 (Mich. 1978).
“492[b]) provides: "If the father dies, an order of filiation or a judicially approved settlement made prior to his death shall be enforceable against his estate in the same manner and way as a divorce decree.”
McDonald v. McDonald, 88 N.W.2d 398 (Mich. 1987).
“In any case on this score this particular defendant appears to have finally had his ultimate day in court and fully aired all his various grievances and claims.”
Wells v. Wells, 375 N.W.2d 800 (Mich. Ct. App. 1985).
· cites it 3× “MCL 552.27; MSA 25.105 provides for several means of enforcing child support orders by resort to a party’s property: "In all cases where alimony or allowance for the support and education of minor children shall be awarded to either party, the amount thereof shall constitute a…”
Flager v. Flager, 475 N.W.2d 411 (Mich. Ct. App. 1991).
“At common law, proceedings to enforce alimony would abate on the death of either party.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.