Michigan recognizes the importance of child support payments for the financial stability and security that they provide children statewide. When a non-custodial parent fails to make timely child support payments, it can be frustrating and concerning for the custodial parent. Michigan law allows a variety of resources to enforce child support payments and ensure fairness for parents. To learn more about your legal rights and options, work with a knowledgeable Oakland County child support lawyer today.
What is the Purpose of Child Support?
When two people have a child, an important standard is that they are both responsible for financially contributing to the child’s growth and development. If the parents are not together romantically, however, there is likely a custody order stipulating which parent spends the most time with the child, also known as the custodial parent.
The other individual, the non-custodial parent, is required to send monthly payments to the custodial parent to contribute to the child’s financial needs. This includes food, housing, transportation, clothing, education, and more. The purpose of child support is to ensure that the child is financially secure and is not adversely affected by their parents’ relationship.
How Can I Enforce Child Support in MI?
If you are a custodial parent and your child’s other parent has missed several payments, you may be frustrated and feel financially insecure. Understanding the various ways that the obligation can be enforced will help you prepare to protect your child and their rights. Consider the following.
- Income withholding: An order can be issued that requires the non-custodial parent’s employer to deduct money from their paycheck and send it to the Michigan State Disbursement Unit to be put towards child support.
- Tax refund offset: If the amount of overdue child support is over $150 or $500, depending on state and federal rules, any tax refunds issued to the non-custodial parent can be intercepted and used to pay child support to the custodial parent.
- Bench warrant: The court can issue a bench warrant authorizing the non-custodial parent’s arrest. They will appear before the court at a show cause hearing, where it will be determined whether they will be held in contempt of court and receive penalties.
- Liens: A lien or levy can be initiated against the non-custodial parent’s property, financial assets, or insurance claims as a way to collect child support payments.
- License suspension: If the non-custodial parent is more than two months behind on payments, their driver’s license, professional licenses, or recreational licenses could be denied, suspended, or revoked.
- Credit reporting: The non-custodial parent’s child support arrears will be automatically reported to a consumer credit reporting agency if they are more than two months behind.
- Passport denial: If a parent owes $2,500 or more in child support, their passport can be denied or revoked.
These are just a few of the ways that Michigan enforces child support payments. Additional options include garnishing pension accounts, imposing surcharges, and even charging the parent with a criminal or felony offense. For more information and legal advice, contact an experienced family law attorney today.