Child support isn’t just another bill. If you fall behind, you’ll have to contend with more than a late payment fee or an account going to collections. Michigan aggressively pursues parents who are delinquent in child support, and failing to pay can have serious, lasting consequences.
Discover what can happen if you get behind on child support and explore steps you can take if you’re currently falling behind or think you might do so soon.
How Child Support Works in Michigan
Michigan courts use the specialized Michigan Child Support Formula to determine whether child support is owed and how much a parent must pay each month. Child support may be withheld from a paycheck, but in some cases, the paying parent may send funds directly.
Unfortunately, some parents who owe child support will try to avoid paying. That’s why the Michigan Friend of the Court (FOC) monitors and enforces child support orders. The FOC is part of the state court system, and there are a number of actions it can take if you fail to pay.
What Happens if You Fall Behind?
The FOC will usually take action once you’re a full month behind on your child support payments. At that point, a few actions may be put into place.
Owing More Over Time
Many parents don’t realize that interest accrues on unpaid child support. Twice a year, Michigan sets the surcharge on past-due child support. The surcharge is usually the five-year average U.S. Treasury Note rate plus 1%.
However, if you’ve paid at least 90% of the required child support over the past six months, the extra charge will usually be waived.
Wage Garnishment and Other Kinds of Income Withholding
Most parents who pay child support have it withheld from their paychecks, so it’s taken out before they even see it. If you have child support taken out of your paycheck and aren’t taking any steps to pay down your arrears, the court may increase the amount withheld.
Notably, wages aren’t the only kind of income the courts can garnish. Michigan family courts are also allowed to garnish the following to help pay your child support obligations:
- Workers’ compensation payments
- Unemployment benefits
- Tax refunds
- Social Security benefits (in some cases)
Social Security benefits, workers’ compensation payments, and unemployment benefits often can’t be garnished for private debts. However, because you’re legally obligated to support your dependents, family courts are allowed to garnish forms of income that are ordinarily protected.
Time in Jail or Prison
Being behind on child support doesn’t necessarily mean you’ll have to go to jail. However, if the court finds you in contempt, the judge could order you to spend time in county jail.
You may be found in contempt of court if you have child support arrears and at least one of the following applies:
- The court believes you had the ability to pay some or all of the child support requirement but chose not to
- The court believes you could gain the ability to pay some or all of the support amount (for example, by getting a job that suits your skills) but chose not to
- You have failed to obtain a source of income and did not participate in a work activity after being referred by an FOC
In severe cases, failing to pay child support can lead to felony charges. If you’ve intentionally failed to pay $10,000 or more in child support or you’ve been behind for two years or more, you may be more likely to be charged with felony non-support. If convicted, you could spend up to four years in prison.
Driver’s License or Professional License Suspension
Having your driver’s license or professional license suspended can seriously harm your ability to make a living. Fortunately, Michigan will usually only suspend your license if it can’t access funds through wage garnishment and believes you have the ability to pay but choose not to.
If your license has already been suspended, you can usually get it back by entering into a payment plan or paying your arrears in a lump sum.
Credit Damage
Child support arrears aren’t immediately reported to credit bureaus. However, once you’re two months behind, the FOC may report the delinquency to credit bureaus. If your unpaid balance shows up on your credit report, your credit score might suffer.
Having delinquent child support payments on your credit report might also make it harder to find a job. Employers sometimes want to view your credit report as part of the hiring process, and being behind on child support might make you appear irresponsible.
What Happens if You Can’t Pay?
Many of the most severe consequences of non-payment are reserved for parents who have the resources to pay child support but choose not to. Courts understand that life circumstances can change, and if you’re upfront about your inability to pay, they’re more likely to work with you.
If you’ve had a major change in your circumstances, like job loss, a significant decrease in your income, or serious health issues, it may be wise to file a motion to modify your child support order. Make sure to do this as soon as possible. Until the court modifies the order, you’ll still owe the previously designated amount each month.
If you’re currently behind on child support and want to catch up, consider requesting a payment plan. Payment plans for child support typically involve paying the current amount you owe every month plus a smaller amount toward your arrears.
Need Help Navigating Child Support in Michigan?
Consequences for failing to pay child support can be severe, but you’ll almost always get a notice before anything serious happens. If you’ve received a notice about child support or are concerned about your ability to pay, having an experienced lawyer on your side can help.
The Gucciardo Law Firm is committed to guiding Michigan families through the challenges of divorce, parenting time, child support, and more. Get in touch with us to see how we may be able to assist.
