Child Support
In the state of Michigan, the custodial parent receives child support every month from the non-custodial parent to help pay for the needs of their shared children and maintain the lifestyle to which their kids are accustomed. At BBA Law, our family law attorneys help couples manage every aspect of their divorce to ensure that their children are financially safe and cared for.
How the Michigan Child Support System Works
Michigan has a preset child support system, but this carefully calculated schedule may not be the best option for you and your children. Every family situation is different and modifications and unique approaches often need to be requested of the court to suit both parties and adjust Michigan’s calculated child support system.
Support from Friend of the Court
A child support agreement establishes how much is owed, when, and by whom. This isn’t an optional payment – it needs to occur monthly. Though a child support agreement is a legal document, there are many people who struggle to get their former spouse to pay the support every month as they are obligated to do. In these circumstances, an entity known as Friend of the Court comes into play.
Ways to Get Your Ex to Pay Child Support
Michigan Friend of the Court enforces child support orders. When a parent doesn’t follow the terms of their support settlement and when payments aren’t made on time and in the agreed-upon amount, several methods can be used to enforce child support payments:
- Income withholding: A commonly used method of enforcing child support payment, income withholding can be enforced to collect current and past-due support. The money owed is deducted automatically from the non-custodial parent’s payment and the employer is required by law to send the child support payments to the Michigan State Disbursement Unit (MiSDU). Even if a parent claims they are not gainfully employed, income withholding can be applied to freelance work, unemployment benefits, insurance claims, and more.
- Show cause hearing: If a parent hasn’t paid child support, they can explain why before the court and make it clear why they should not be held in contempt. Neglecting to appear for this hearing can result in a bench warrant for their arrest.
- Suspended licenses: It can be motivating to interfere with a non-paying parent’s privileges or career. If child support payments have not been made for over two months, licenses – driver’s license, professional licenses, or recreational licenses – can be suspended, revoked, or denied.
- Criminal charges: When the amount of unpaid child support becomes extreme and there is no viable way to acquire the funds, the case may find its way to the county prosecutor and the non-custodial parent could be charged with felony non-support. Being subject to criminal prosecution can sometimes be the factor that results in payment.
There are other possibilities for encouraging non-payment of child support, including a lien on a parent’s proper or assets, tax refunds being kept to pay child support, passport denial, reports to a consumer credit reporting agency, or surcharges to every overdue payment.
Choose BBA Law in Shelby Township to Help You with Child Support
At BBA Law in Shelby Township, our family law attorneys are experienced in and knowledgeable with the family courts. It’s not your job as the custodial parent to track down the money you are legally owed. Our team works diligently to ensure that you receive the child support payments and overall divorce settlement that you deserve and that will keep you and your children protected and supported.
Contact us to schedule a consultation. We serve the entire metro Detroit area and are conveniently located in the heart of Macomb County. Divorce is hard enough. We do our best to make it easier for you and your children.
