When one parent stops making required child support payments to the other, it can create significant financial challenges for the parent who relies on those payments to meet their children’s needs. While some delinquent parents may have understandable reasons for non-payment, such as job loss or financial hardship, others may willfully neglect to make payments out of anger or bitterness. Regardless of the reason, though, non-payment places an unfair burden on the other parent, who may struggle to cover essential expenses like housing, food, and health care. Fortunately, if you’re in this situation, Michigan provides avenues that can help you recover back payments.
Steps To Take To Collect Back Payments Of Child Support
If your ex has stopped paying child support in Michigan, it’s important to take immediate action to ensure your child continues receiving the financial support they are entitled to. Michigan has several enforcement mechanisms available to help you collect unpaid child support.
Start by contacting the Michigan Friend of the Court (FOC). The FOC is responsible for enforcing child support orders, and they have the authority to take steps to collect overdue payments. These steps may include wage garnishment, where your ex’s employer is required to withhold part of their paycheck and send it directly to you. The FOC can also intercept tax refunds, suspend driver’s and professional licenses, and place liens on the non-paying parent’s property. In severe cases, they may even restrict their passport.
If the FOC’s efforts are not enough, you can file a motion for contempt in family court. Filing for contempt means asking the court to enforce the child support order and hold your ex accountable for not complying. If found in contempt, your ex could face penalties such as fines, wage withholding, or mandatory payment plans. In extreme cases, they could be jailed until they make efforts to pay.
If your ex claims they can’t afford to pay, they can request a modification of the child support order. However, until the court approves a modification, they are still legally required to continue making payments.
It’s critical not to delay taking action. The sooner you involve the court or the FOC, the faster you can resolve the issue and get the financial support your children need. Working with an experienced family law attorney can be beneficial in these situations. They will help guide you through the legal process, file necessary paperwork, and protect your rights while seeking the best outcome for your child.
Contact A Michigan Family Law Attorney Today
Having an ex who doesn’t contribute their required payments to support your shared children is a financially and emotionally distressing situation. A Michigan family law attorney can provide the legal support and advocacy you need as you work with the system to get your ex to contribute their fair share. Lisa Stern has nearly 30 years of experience fighting for the enforcement of court orders regarding child support. Contact us today for a consultation to discuss your case and learn more about your legal options.