Child Support Arrears Forgiveness Michigan, What You Need To Know
Child support arrearages can potentially cripple one’s finances, however, these obligations will not go away on their own and need to be addressed. Child support is support that is owed for the benefit of the child, not the mother or the state. Therefore, waiving these arrearages is usually not possible.
I Have an Arrearage, Now What?
Typically, motions are filed in these kinds of situations requesting that the court allow reasonable payment plans. A judge must grant the motion if it is found by a preponderance of the evidence that the plan is in the best interests of all involved. A judge must make additional findings which differ depending on whether the arrearage is owed to the mother or the state. If the arrearage is owed to the mother, a judge must find that the mother consents to the plan and that the payor’s arrearage is not the result of intentionally avoiding his/her support obligations. If the arrearage is owed to the state, a judge must find that the payor’s arrearage is not the result of intentionally avoiding his/her support obligations, the payor has no ability to pay unless the plan is accepted, and the plan will provide for reasonable payments over a reasonable period of time.
Show Cause Hearings & Felony Nonsupport
If one fails to pay child support, they could be required to attend a show cause hearing (must show good cause why they should not be held in contempt), or they could be charged with a felony for nonpayment of child support. Neither of these situations is a good one, and jail is always a very real possibility. Additional sanctions could include suspension or revocation of licenses, fines, placing the payor under the supervision of the friend of the court, work-release provisions and work activity.
Contact a Michigan Attorney Today
If you find yourself in this predicament, you need an attorney experienced in family law and criminal defense. Goldman & Associates specializes in both. We have been in business for over 25 years, and we have grown accustomed to serving all of Metro Detroit. Contact our law office today for a free consultation at 586-268-2400.
Expert Michigan Arrears Forgiveness Attorneys
Child support arrearages can lead to significant legal problems. It is unlikely that an arrearage will be waived, so motions often need to be filed asking the court for a reasonable payment plan. Whether the plan will be accepted depends on the facts of every case. Goldman & Associates are experienced family law and criminal defense attorneys. Contact our highly qualified lawyers today for a free consultation.