What if I Can’t Afford My Child Support Payments in Michigan?

Child support payments are payments that allow both parents to contribute fairly to their child’s financial well-being. Typically, the parent who has been granted custody for the majority of the time receives child support from the non-custodial parent. Michigan uses the Income Shares Model to calculate the amount of support a parent should pay.

Initial support obligations are based on each parent’s income, the child’s needs, child care costs, and other factors and are usually considered fair. However, circumstances can change. A non-custodial parent may lose their job or acquire unexpected financial responsibilities that make it difficult to afford their agreed-upon child support payments.

When You Can’t Pay Child Support

If you get into a situation that prevents you from paying all or part of your child support, don’t ignore your responsibility. Stopping payments without communicating with your child’s other parent or the court will only make matters worse.

Even if the other parent agrees to take less or no payment for some months, they can still move forward with legal action. Take action to have your child support order officially modified by the court. This will ensure clarity and communication about payments. Informal agreements are not legally valid or binding.

You may need to hire a lawyer to help you navigate the process of filing a deviation addendum. It is not easy to prove that your agreed-upon payment amount is no longer viable. Bring the following items of evidence to show why you need the agreement modified:

• Tax returns
• Letter of termination
• Pay stubs
• Bank statements
• Other evidence that proves your income has been lowered

The Michigan Child Support Formula Manual lists 20 “deviation factors” explaining why a previously awarded amount may now be inappropriate. Based on these reasons and your new circumstances, a judge may agree to a new child support agreement.

What Happens if You Stop Paying Child Support?

Like most states, Michigan takes enforcement of child support payments seriously. Stopping your payments without going through the correct legal channels can lead to various consequences. The state may deduct all current and past-due support as well as medical support payments from your paycheck or other sources of income.

Other possible actions include:

• Seizing tax refund
• A lien or levy may be placed on your assets
• Support may be seized from your pension account
• Your passport may be revoked
• Your driver’s license and other professional and recreational licenses may be revoked
• Negative impact on your credit rating
• You may be charged interest
• A bench warrant may be issued

If you continue to ignore your child support responsibilities, the issue can become a criminal case. You could be charged with the crime of felony non-support and serve time in jail.

Don’t Fall Behind — Your Child Deserves Support

Everyone faces obstacles at some point in life. If your position has changed and you’re no longer able to pay the amount of child support set by your agreement, you have options. Call Gucciardo Family Law to learn how you can have support payments amended and avoid legal jeopardy.