Child support arrearages, or unpaid child support, can lead to significant financial stress for both the paying and receiving parties.
Whether you owe back payments or are waiting to collect them, understanding Michigan’s child support laws and options for resolving arrears is crucial to avoiding both legal and financial hardships.
What Are Child Support Arrearages?
Child support arrearages occur when the non-custodial parent fails to make court-ordered payments for child support. These unpaid amounts accrue over time, and interest may be added to the total debt owed. In Michigan, child support is a legal obligation that is strictly enforced, with serious consequences for those who fall behind.
How Child Support Arrearages Occur
There are various reasons why child support arrearages build up:
- Financial hardship: The paying parent may have lost their job or experienced a decrease in income.
Willful non-payment: Some parents simply refuse to pay. - Incorrect calculations: Sometimes the support amount is set too high based on outdated financial information.
- Lack of modification requests: The paying parent may fail to request a modification when their circumstances change, causing the arrears to pile up.
Regardless of the cause, Michigan law takes child support enforcement seriously, and arrearages must be addressed to avoid further legal and financial consequences.
For Those That Owe Child Support
If you owe child support, it’s essential to take immediate steps to address your arrearages. Ignoring the problem will not make it go away and can lead to severe penalties such as wage garnishment, license suspension, and even jail time. Here’s how to handle the situation:
Understand the Amount You Owe
Start by reviewing your case through the Michigan State Disbursement Unit (MiSDU) or contacting the Friend of the Court (FOC). Ensure that the arrearages are accurate and reflect any payments you may have already made.
Communicate With the Friend of the Court
If your arrearages are correct, contact the Friend of the Court (FOC) to discuss your options. Michigan offers payment plans that allow you to pay off arrears over time. The FOC is often willing to work with parents who demonstrate a commitment to resolving the debt.
Request a Child Support Modification if Necessary
If you are struggling to make your current child support payments, you may be eligible for a child support modification. File a motion with the court to modify your child support order based on your current financial situation. However, remember that modifications apply only to future payments, not past-due amounts.
Negotiate a Payment Plan
In Wayne County, you may be able to negotiate a payment plan with the FOC to reduce or eliminate penalties and interest on arrearages. Make sure to honor the payment plan to avoid further legal action.
Seek a Compromise
Under Michigan law, the FOC can negotiate a compromise with you to reduce arrearages if:
- The child support recipient agrees to the reduction.
- You can show an inability to pay the full arrearage amount.
- The child is no longer a minor and there are no further support obligations.
Avoid Contempt of Court
Failure to pay child support could result in being held in contempt of court, leading to fines, incarceration, or both. Be proactive in addressing arrearages and always communicate with the court if you are facing financial hardship.
For Those That Are Owed Child Support
If you are the custodial parent and are owed back child support, it is important to know your rights and how to enforce them. Michigan has several tools available to help you collect arrearages.
Contact the Friend of the Court
If you haven’t been receiving payments, contact the FOC to report non-payment. They can assist in collecting child support by initiating enforcement actions, such as:
- Income withholding: Wages can be garnished from the non-paying parent’s employer.
- Tax refund interception: Federal and state tax refunds can be intercepted and applied toward child support arrearages.
- License suspension: The non-paying parent’s driver’s, professional, or recreational licenses may be suspended.
Seek a Lien on Property
You can request that a lien be placed on the non-paying parent’s property, such as real estate, vehicles, or other valuable assets. When the property is sold, the proceeds may go toward paying off the child support arrearages.
Request Court Enforcement of the Child Support Order
If the FOC’s actions aren’t sufficient to collect the arrears, you can file a motion in court to enforce the child support order. The court may impose additional penalties on the non-paying parent, including fines, jail time, or additional wage garnishment.
Civil Contempt is Another Option
If the non-paying parent continues to refuse to pay, you can pursue a civil contempt action. This involves bringing the parent back to court, where the judge may impose more severe penalties, including incarceration, until the child support is paid.
Consider Professional Assistance
Sometimes working with an attorney or a private child support collection agency can help expedite the process. Attorneys can help navigate legal complexities, while collection agencies specialize in pursuing unpaid child support.
Is Interest Charged on Back Child Support?
In Michigan, child support arrearages accrue interest at a rate of 2.5% per month, compounded annually. This means that even small arrearages can grow quickly if not addressed. However, some parties can negotiate a reduction in interest if they set up a payment plan or compromise with the FOC.
Child support arrearages are a serious issue, but both paying and receiving parents have options to address the situation. Those who owe should take immediate steps to resolve the debt and avoid further legal consequences, while those who are owed have multiple enforcement tools at their disposal.
Whether you owe or are owed child support, it’s important to remain proactive, communicate with the Friend of the Court, and seek legal advice when necessary. Taking action sooner rather than later can prevent additional financial hardship and ensure that your child’s needs are met.