What Are My Options if I Cannot Make Child Support Payments?

 Posted on November 30, 2020 in Family Law

2020 has been a hard year for everybody. Even if you or your loved ones have not become sick, the COVID-19 pandemic has likely affected your life in multiple ways. Because of business closures, reductions in working hours, or health concerns, many people have lost their jobs or have had to deal with issues that resulted in the loss of income. If you are struggling financially, you may find yourself unable to meet your child support obligations. If this is the case, you will want to determine how you can avoid legal issues that may affect your relationship with your children and your ongoing financial security.

Consequences for Non-Payment of Child Support

Once a child support order is issued as part of a divorce or family law case, you will be required to make all payments on time and in full. If you do not pay child support as ordered, a variety of enforcement actions could be taken against you. The amount owed may be collected by garnishing your wages or withholding other forms of income, including unemployment payments, workers’ compensation, or Social Security disability. Your future tax refunds could be intercepted, or liens could be placed on your property. Your non-payment will also be reported to credit agencies, causing your credit score to go down.

Failure to pay child support could also result in being held in civil contempt of court. This could lead to penalties such as the suspension of your driver’s license or a professional license, the denial of a U.S. passport, or even time in prison. Your case may also be referred to a criminal prosecutor, and you may be charged with the felony offense of non-support. If you are convicted of these charges, you could face imprisonment for up to four years and fines of up to $2,000.

To avoid these consequences, you should notify the court as soon as you lose your job or experience financial issues that may cause you to be unable to meet your child support obligations. You may be able to ask for a temporary or permanent modification to your child support order. Until this order goes into effect, you will be required to continue paying child support, although any changes made may be retroactive to when you filed a petition for modification. By addressing these issues as quickly as possible, you can avoid penalties and take steps to maintain financial security while also working to make sure your children will have the support they need.

Contact Our Oakland County Child Support Attorneys

If you are struggling financially, the attorneys of Elkouri Heath, PLC can help you understand your options for modifying your child support order. We will make sure you meet your legal requirements when filing a petition for modification, and we will provide you with representation in legal proceedings, helping you achieve an outcome that will protect your finances and your children’s best interests. Contact our Farmington Hills child support modification lawyers today at 248-344-9700 to schedule your free consultation.

Sources:

http://www.legislature.mi.gov/(S(shghj5d0xz530omnd02llfm0))/mileg.aspx?page=getObject&objectName=mcl-750-165

https://www.michigan.gov/documents/dhs/DHS-PUB-748_209001_7.pdf