Child support is a critical financial tool to ensure the well-being of children after a separation or divorce. However, life can sometimes get in the way, and child support arrearages (unpaid child support) can accumulate, creating significant financial stress.

If you are facing overwhelming back child support debt in Michigan, you might wonder if it can be reduced or dismissed. While this is not easy, there are legal avenues you can explore. Today, we want to discuss options to address child support arrearages and offers practical guidance for navigating the system.

Understand What Child Support Arrears Can and Cannot Be Dismissed

In Michigan, child support arrears fall into two broad categories:

• Arrears owed to the custodial parent
• Arrears owed to the State of Michigan (e.g., for public assistance reimbursement)

Arrears owed to the custodial parent can only be dismissed or modified with their agreement. On the other hand, arrears owed to the state often require court intervention and approval, though they are more challenging to dismiss.

Negotiate A Settlement With The Custodial Parent

If the arrears are owed to the custodial parent, the most straightforward option is to negotiate directly. The custodial parent has the authority to waive or forgive a portion or all of the child support arrears through a legal agreement.

Steps to Negotiate:

1. Open a dialogue: Explain your financial situation and demonstrate a genuine commitment to providing for your children going forward.
2. Offer a lump sum: If possible, propose a reduced amount that you can pay upfront in exchange for dismissing the remaining arrears.
3. Draft an agreement: If an agreement is reached, it must be put in writing and presented to the court for approval.

A family law attorney can draft the appropriate agreement and ensure it complies with Michigan laws.

File A Motion To Modify Child Support

While child support arrears cannot generally be retroactively reduced or erased without agreement, you may be able to modify ongoing child support obligations if you can demonstrate a substantial change in circumstances.

Examples of substantial changes include:

• Significant income reduction or job loss
• Permanent disability or medical conditions
• Incarceration without income
• File a Motion to Modify Child Support with the court.

Steps to Modify Child Support in Michigan

1. File a Motion to Modify Child Support with the court.
2. Provide evidence of your change in financial circumstances.
3. Attend a hearing where the judge will review your request.

While this won’t eliminate arrearages, it can prevent further arrears from accruing.

Michigan State Arrearage Forgiveness Program & Other Help

In Michigan, the State Arrearage Forgiveness Program can reduce or eliminate arrearages owed to the state. This is typically available to parents who demonstrate significant hardship or meet specific eligibility criteria.

How To Apply

• Contact the Michigan Office of Child Support (OCS) and request an application for state arrearage forgiveness.
• Provide documentation of your financial circumstances, such as income, expenses, and assets.
• Work with the Friend of the Court (FOC) to establish eligibility.

Remember, forgiveness does not apply to arrearages owed to the custodial parent without their consent.

Prove Your Inability To Pay Due To Hardship Or Incarceration

If you were unable to pay child support due to circumstances beyond your control (e.g., incarceration, medical disability), you may request a retroactive review of your arrears. Michigan courts consider the following:

• Proof of incarceration with no income opportunities
• Medical documentation of disability preventing work
• Other documented evidence of hardship

A judge may determine that arrears accrued during this time are unjust and warrant dismissal or reduction.

File For Bankruptcy For Limited Relief

While child support obligations cannot be discharged in bankruptcy, certain aspects of arrears may still be managed:

• Bankruptcy can help eliminate other debts (e.g., credit cards, loans) to free up money for child support.
• Chapter 13 bankruptcy may allow you to set up a payment plan for arrearages over several years.

Child support arrears take priority in bankruptcy repayment plans, so this strategy requires careful planning with a bankruptcy attorney.

Show The Custodial Parent To Have “Unclean Hands”

If the custodial parent interfered with your parenting time or actively prevented you from fulfilling your support obligations, you may argue “unclean hands” in court. While this is not a guaranteed defense, it can sometimes influence how arrears are treated.

• Examples of Custodial Parent Misconduct can include:
  Denying court-ordered parenting time
• Failing to inform you of your child support obligations

It is important to remember that Michigan courts will still prioritize the child’s best interests but may consider misconduct when deciding on arrearages.

Getting child support arrearages dismissed in Michigan is a challenging process, but options exist depending on your circumstances. If you owe arrears to the custodial parent, open negotiation is often the most effective path. If you owe arrears to the state, explore forgiveness programs or demonstrate hardship.

Navigating child support law is complex, and it’s essential to work with an experienced Michigan family law attorney. An attorney can help you understand your rights, file the necessary motions, and negotiate favorable outcomes to ensure a stable financial future for you and your family.

If you are struggling with child support arrears, contact a qualified Michigan family law attorney to discuss your options today.