A common question for divorced parents is “What happens if I don’t pay child support?”
Whether you’re falling behind due to job loss, illness, or financial hardship, or simply feel the payments are unfair, it’s important to understand what’s at stake. The consequences for not paying child support in Michigan can be severe and life-altering, and ignoring it will not make it go away.
In this post, we’ll break down exactly what you need to know about Michigan’s child support enforcement process—what happens when you miss payments, what the courts can do, and how you can protect yourself from serious legal and financial consequences.
What Is Child Support?
Child support is a court-ordered financial payment that one parent makes to the other to help cover the costs of raising their shared child or children. It’s typically paid by the non-custodial parent—the one who spends less physical time with the child—to the custodial parent. The purpose is to ensure your child’s basic needs (housing, food, clothing, education, medical care) are met, regardless of which parent they primarily live with.
In Michigan, child support amounts are calculated using a formula based on each parent’s income, the number of overnights the child spends with each parent, healthcare expenses, and other factors. Once the court issues a child support order, it’s legally binding, and you are required to follow it.
What Happens If You Miss a Child Support Payment?
If you miss one child support payment in Michigan, that missed amount doesn’t just disappear. It becomes part of a balance known as “arrears”—what you owe. The Michigan Friend of the Court (FOC), which is the enforcement arm of the family court system, tracks these payments and will take action to enforce the order if you fall behind.
Here’s what can happen when you don’t pay child support:
1. Interest Accrues on Unpaid Child Support
Michigan law allows interest to be charged on child support arrears. As of 2024, the annual interest rate is 6%, and it’s compounded monthly. If you fall behind, not only are you responsible for the original amount due, but also for the growing interest. This adds up quickly and can turn a small missed payment into a significant debt over time.
2. Wage Garnishment (Income Withholding Orders)
Most child support orders in Michigan are automatically paid through income withholding, meaning your employer deducts the child support from your paycheck before you even receive it. But if you fall behind and aren’t paying at all, the court can increase the amount withheld to cover both your current support and arrears.
Wage garnishment isn’t limited to your paycheck, either. The court can also garnish:
- Unemployment benefits
- Workers’ compensation
- Social Security income (with some exceptions)
- Tax refunds (especially state and federal returns)
3. Intercept of State and Federal Tax Refunds
If you owe more than $150 in child support arrears, the state of Michigan can seize your state tax refund. If you owe more than $500 (or $150 if you’re receiving public assistance), the IRS can intercept your federal refund as well.
This can come as a big shock when you’re expecting a return and it never shows up—because it’s been rerouted to pay your child support debt.
4. Driver’s License Suspension
Michigan law allows the Friend of the Court to suspend your driver’s license if you’re behind on child support. This can include:
- Personal driver’s license
- Commercial driver’s license (CDL)
- Recreational licenses (boating, hunting, fishing)
If you depend on driving for your job—or to get to your job—this can be especially damaging. You’ll have to pay a portion of your arrears or enter into a payment plan to get your license reinstated.
5. Professional License Suspension
If you’re a licensed professional in Michigan—say you’re a nurse, real estate agent, contractor, attorney, or barber—falling behind on child support could put your livelihood at risk. The court can notify the licensing board to suspend or deny renewal of your license until you pay up or come to an agreement.
6. Passport Denial or Revocation
If your child support arrears exceed $2,500, you will be flagged in a federal database and will be denied a U.S. passport. This can severely restrict your ability to travel, particularly for work, international family matters, or emergencies.
7. Liens and Asset Seizures
The court can place liens on your real estate, bank accounts, or even personal property like vehicles. If your arrears are substantial and no voluntary payment is made, the state can seize and sell your property to satisfy the debt.
8. Credit Reporting
Child support arrears are reported to credit bureaus, which can tank your credit score. A low credit score makes it harder (and more expensive) to get a car loan, mortgage, credit card, or even rent an apartment.
9. Contempt of Court Charges and Jail Time
If the court determines that you’re willfully not paying child support—meaning you have the ability to pay but refuse—they can hold you in contempt of court. This is serious.
You could face:
- Fines
- Jail time (up to 45 days per violation in many cases)
- Additional legal fees
The court will typically give you an opportunity to explain your circumstances and get current on payments or agree to a payment plan. But if you don’t cooperate, incarceration is a real possibility.
What If You Can’t Afford to Pay Child Support?
If you genuinely cannot afford to pay your current child support due to job loss, illness, disability, or other legitimate hardship, you do have options—but you have to act fast.
Here’s what you should do:
File a Motion to Modify Child Support
Child support orders can be modified if there has been a substantial change in circumstances. This could include:
- Job loss or reduced hours
- Major health issues
- Incarceration
- A change in parenting time or custody
You must file a motion with the court requesting a modification. Do not just stop paying. Until the court changes your order, your current obligation continues to accrue—and you’ll be responsible for it.
Request a Payment Plan
If you’re behind, the Friend of the Court may allow you to set up a payment plan. This typically involves paying your current support amount plus a small amount toward your arrears each month. As long as you follow the plan, you can often avoid the more severe penalties like license suspensions or jail time.
Don’t Ignore Court Notices
You may receive notices to appear at enforcement hearings or show-cause hearings. If you ignore these, a bench warrant can be issued for your arrest. Always respond and show up—being proactive shows the court you’re making an effort to resolve the issue.
Can Child Support Be Forgiven?
In most cases, child support arrears owed to the other parent cannot be forgiven unless that parent agrees in writing and the court approves. If your arrears are owed to the state (for example, if the custodial parent received state assistance), you may be able to apply for a forgiveness or compromise program—but this is rare and usually only granted under exceptional circumstances.
Will Child Support Ever Go Away?
Child support doesn’t go away, and it is not dischargeable in bankruptcy. It continues to be enforceable until it’s paid in full, regardless of how long it takes. Even if your child turns 18 and your current obligation ends, you still owe any arrears that accumulated before then—plus interest.
Don’t Wait Until It’s Too Late
If you’re behind on child support or struggling to make payments, don’t ignore the problem. The sooner you take action, the better your chances of avoiding serious legal and financial consequences. Courts are far more likely to work with someone who’s making an effort to comply than with someone who has gone off the radar
Need Help With a Child Support Issue in Wayne or Monroe County?
Whether you’re facing enforcement, need to modify your order, or just don’t know where to start, we’re here to help. Reach out for a confidential consultation, and let’s take the next step together toward a solution that works for you—and your child.