What to Do if You Can’t Afford Your Child Support Payments in Michigan

Life happens, and you might fall behind on child support payments. Alternatively, you might be keeping up with current payments but still owe past-due support. It’s a stressful situation in either case, but it’s one you can’t ignore.

In Michigan, past due child support is referred to as “arrears.” You might owe this debt to your child’s other parent, guardian, or even the state if your child’s household received public benefits while you were under orders to pay support.

Arrears don’t disappear when your child turns 18. You need a plan of action if you can’t afford your child support payments in Michigan.

Consequences of Non-Payment

In Michigan, the state has several enforcement methods for non-payment, including:

• Revoking various licenses, including your driver’s license
• Putting legal claims on your assets
• Taking your tax refunds before you receive them
• Blocking you from getting a passport
• Automatically deducting payments from your paycheck
• Repossessing valuable possessions, such as your car

Other potential consequences include potential incarceration and mandatory court oversight, as well as required participation in employment programs or therapy.

Evaluating Your Options

If you’ve reorganized your finances and still can’t make your court-ordered payments, Michigan offers two main options for dealing with unmanageable arrears.

Option 1: Request to Discharge State-Owed Debt

If you only owe arrears to the State of Michigan, you can submit a form called the “Request to Discharge State-Owed Debt” to the Friend of the Court. This process is often simpler than going to court. The Friend of the Court can review your situation and may discharge debt completely in certain circumstances, such as:

• You’re serving a life sentence
• You have a permanent disability and receive Social Security Disability Insurance (SSDI)
• You’ve been appointed a guardian due to incapacity

Partial discharge may also be possible if paying the full amount would create significant hardship for your family.

Option 2: Motion for a Payment Plan and Discharge

If you owe arrears to an individual, the state, or both, you can file a motion with the court. This asks the judge to approve a payment plan where you pay a set amount for a certain period. If you complete the plan, the remaining arrears may be discharged.

For arrears owed to an individual, they must agree to the plan. The judge will also consider whether the arrears arose from a genuine inability to pay and whether the plan is in the best interests of all parties.

For state-owed arrears, the Office of Child Support (OCS) will review your proposed plan. They’re more likely to support it if you can show financial hardship or if you receive means-tested benefits, like food assistance or Medicaid.

Act Quickly and Show Good Faith

Modifications and payment plans aren’t retroactive, which means you may still owe anything that has built up so far. Therefore, as soon as you realize you can’t make payments, start the process of seeking help.

Meanwhile, pay what you can. Even partial payments demonstrate your commitment. If you’re making a genuine effort and working within the system, you’re more likely to get a favorable outcome.

Seek Help With Your Child Support Arrears

Don’t wait for enforcement actions. Instead, reach out to the Friend of the Court, explore your options for discharge or modification, and keep communication open. Make sure to consult a seasoned family law attorney as well.

At Gucciardo Family Law, we can help you understand your rights and options for dealing with arrears. Contact us for help figuring out Michigan’s child support system today.