A: That amount you didn't or can't pay will become an arrearage.
First of all, the obligation to support a child is with both parents. The Michigan Child Support Formula considers the amount of time each parent has with the minor child(ren), the income of the parties, and other factors when calculating support owed. Typically, the custodial parent will be paid support, and the non-custodial parent will be the payor of support, but this isn't always the case, since it depends on income, number of children, and other factors.
Support will typically be ordered during the pendency of a divorce or custody case (before judgment is entered), or if either parent is receiving state assistance. After the judgment is entered, an adjustment may be made to the support amount, and a new UCSO (uniform child support order) will be issued.
Q: What if I think the amount ordered should be different? I can't pay what I currently owe.
A: You can request a modification of the support amount through Friend of the Court, or through an attorney.
Either party - the parent who pays, or the parent who receives support - can request modification, if that parent can show a change in circumstances.
Statutes provide a low threshold for modification, based on circumstances of the parents or as the benefit of the children require,[1] upon proper application to the court and due notice to the opposite party,[2] and for proper cause shown or change in circumstances.[3]
A change in circumstance is a fact-based question. It could be the parent has changed jobs, has a medical concern and can't work, and so on. Also, the Friend of the Court can request a modification of the support amount.
A parent who's income changes should notify Friend of the Court of this change, whether requesting a modification or not.
Otherwise, if no parties request a modification, a support review will be done typically every three years.
Q: I requested a modification and the Court agreed with me. What's next? Will this take care of the arrears I owe?
A: The modification has to be made into an order. Your attorney can prepare that, or Friend of the Court will send you a copy eventually if no attorneys are involved.
But typically modifications do not address arrears - they only modify the amount of support going forward. (This is also referred to as "no retroactive modification of support," see MCL 552.603 (2)).
If the amount of arrears is owed to the other parent, it's possible that parent can forgive the amount of arrears owed. Talk to your attorney about that. If the arrears are owed because the state is involved, since one parent receives state assistance, then the county prosecutor would also be involved.
Q: The amount of arrears I owe is really high. Is there anything I can do about that?
A: Maybe. The Friend of the Court may let you ask for a payment plan on your arrears amount. Talk to your attorney about discharge of the amount you owe. Again, the parent receiving support has to consent to this as well.
Q: Can I go to jail for not paying the support amount?
Yes.
Friend of the Court can enforce support orders through bench warrants, license restrictions (including recreational licenses), withholding tax refunds, among other means. Friend of Court offices can request through "show cause" hearings that the payor make payments, and explain why payments haven't been made, or go to jail. (These are also called OTSC hearings, short for Order to Show Cause).
In addition, the possibility of felony child support non-payment exists.That can happen when the amount owed is in excess of $20,000 (MCL 750.165). At that point, a warrant can issue to arrest the payor of support. Felony child support violations can carry a penalty of 4 year's imprisonment. No laughing matter.
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