If you are awarded custody through a divorce or custody proceeding, you likely rely on child support from your ex to ensure your kids have the necessities to grow and thrive. As such, it can be financially devastating when your ex stops paying child support in defiance of a court order. What can you do in this situation?
Steps to Follow if Your Ex Stops Paying
The good news is that help is available if your ex stops paying child support in Michigan. By working with an experienced attorney and following these steps, you can get the financial support you need and hold your ex accountable for their actions.
- Document Missed Payments: Keep a detailed record of all missed payments, including dates and amounts. This documentation provides clear evidence of your ex’s failure to meet their financial obligation, which is essential for any legal action you may pursue. If payments are required to be made through the Friend of the Court they will have a record of all missed support payments. However, if your ex is supposed to contribute to extracurricular activities and a portion of medical expenses, you must keep an accounting of these missed payments as it is not handled by the court.
- Contact Your Ex: If possible, reach out to your ex to remind them of the missed payments. Sometimes, a direct conversation can clarify misunderstandings or uncover any temporary issues that may have disrupted their ability to pay. This step can help you avoid unnecessary conflict if there’s a way to quickly resolve the issue.
- Notify the Court or Child Support Agency: If payments remain unpaid, inform the court or agency handling your child support case. (In Michigan, the Friend of the Court office usually handles these cases.) They have the authority to enforce the support order through wage garnishment, tax refund interception, or other means. Reporting the issue helps ensure that official action is taken to recover the payments you’re owed.
- Consult a Family Law Attorney: An attorney can guide you through the legal process and explain enforcement options available to you in Michigan.
How Michigan Enforces Child Support Orders When Your Ex Won’t Pay
The Michigan state government has several ways it can forcibly collect delayed child support payments if your ex isn’t complying with a court order, such as:
- Income Withholding: One way for the state to collect late child support payments is to deduct the amount directly from the non-custodial parent’s paycheck or other sources like Social Security and unemployment benefits.
- Tax Refund Offset: Michigan can intercept state and federal tax refunds if unpaid child support payments reach a certain threshold.
- Show Cause Hearing and Bench Warrant: When a parent fails to pay, the courts may summon them to a show cause hearing so the parent can explain the missed payments. If the delinquent parent doesn’t attend the hearing, the court may issue a bench warrant for their arrest.
- Liens on Property and Assets: The state can place liens on a delinquent parent’s personal property, financial accounts, or insurance claims to secure unpaid child support. These liens prevent the person from selling or accessing the asset until they pay the child support debt.
- License Suspension: Michigan authorities may suspend or revoke driver’s licenses, professional licenses, and recreational licenses if payments are over two months behind.
- Felony Charges: If other methods fail, the state can escalate the case to criminal prosecution, potentially charging the non-compliant parent with felony non-support. This step is reserved for extreme cases where other enforcement has been unsuccessful.
Contact a Michigan Child Support Lawyer Now
Attorney Lisa Stern understands how frustrating it is when your ex won’t pay the child support payments they owe. A Michigan child support attorney can help you find the best way forward so you and your child can get the financial help you both need. Call now or reach out online for a confidential consultation.