Child support payments are designed to allow both parents to contribute financially to their child’s growth and development. The parent with custody of the child for the majority of the time is usually owed child support from the other non-custodial parent. Sometimes these payments can seem unreasonably high, especially if you experience life changes such as losing your job or acquiring new financial responsibilities. If you can no longer afford your child support payments, contact an Oakland County child support lawyer for assistance.
How is Child Support Calculated?
When a court determines how much a non-custodial parent will pay in monthly child support, a plethora of factors are considered. The payments should be high enough to financially contribute to the child’s needs, but not so high that it is unfair or unreasonable for the parent to pay. A court will consider the following factors when calculating child support payments.
- The monthly income of each parent
- How many children the parents have together
- How much time the non-custodial parent spends with the child(ren)
- The ages and average expenses of the child(ren)
Actual monthly payments will be calculated using a percentage of the non-custodial parent’s income. The percentage is determined after examining the above information.
What Should I Do if I Can’t Afford to Pay?
If you cannot afford to pay your child support payments anymore, the last thing you want to do is stop paying them without telling anyone. Additionally, it is not recommended that you and your child’s other parent make an informal agreement to lower your payments. Even if the other parent agrees they can take legal action against you later for failure to pay the full amount.
If you can’t pay, notify the court as soon as possible. It’s imperative that you are open and honest about your financial situation and ask the judge for a modification. A judge will likely be more open to modifying your agreement if you notify them before you begin to miss payments.
Let them know that you want to continue supporting your child and have no intention to stop paying, but because of your new circumstances, you cannot afford the previously agreed-upon amount. You should bring evidence of your new finances such as a letter of termination, pay stubs, bank statements, tax returns, etc. After evaluating the new information a judge may grant a new and more manageable payment schedule by decreasing the amount you pay or the frequency.
What Are the Consequences of Not Paying Child Support?
Missing child support payments is a violation of a court order, so you could be held in contempt of court for violating your legal responsibilities to your child. In Michigan, your payments will continue to accumulate and you still owe them. If you continuously fail to pay you can be put in jail or even charged with a felony. After two years of missed payments, you may have your parental rights taken away. It is not worth it to purposefully skip child support payments. Contact an attorney for help petitioning a court for a modification.