When parents divorce or separate, they generally have to share responsibility for their children. Shared parental responsibilities force parents to divide their time with their children. They may have to consult with one another when making major decisions about their children. In many cases, one parent may have to provide the other with child support.
Discrepancies in income, uneven parenting time arrangements and other factors can influence how much child support one parent pays the other. Frequently, the paying parent has automatic withholding established with their employer. The recipient parent receives funds from every paycheck without the pay or needing to directly transfer those funds.
Occasionally, a paying parent loses their job or stops making payments unexpectedly. What types of enforcement actions may follow the cessation of child support payments?
The state has multiple enforcement tools
Michigan uses many different systems to enforce child support orders. Paycheck withholding is a standard practice. The courts can also issue liens or levies against assets owned by a parent in arrears on their child support order.
Enforcement efforts for child support can result in the interception of lottery or gambling winnings and also income tax refunds. In some cases, the state can even record special orders to secure child support funds from retirement savings or pensions.
A family court judge could declare the non-paying payment parent in contempt of court and could issue a bench warrant for their arrest. The state could decline to renew a driver’s license or a passport to a parent who has fallen behind on their child support obligations. The paying parent may even have the matter reported to the credit bureaus.
How can parents address child support issues?
A parent who has had unexpected expenses or job loss may unintentionally fall behind on their child support obligations. In such scenarios, the best course of action is often to file a request for a support modification.
The courts can adjust the amount of support ordered based on a change in financial circumstances. Unfortunately, even when the paying parent’s income completely ends, child support obligations do not disappear or even pause. At best, the courts may reduce the amount owed, but arrears may continue to accrue until the paying parent returns to work or improves their financial circumstances.
Those dealing with child support challenges may need help protecting themselves. Understanding the steps that the state might take to enforce a child support order could inspire a parent to act quickly to avoid enforcement efforts.
