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Can you collect overdue child support payments?

On Behalf of | Dec 17, 2019 | child support |

After the dust settles in your child custody case and the judge orders child support, you may feel relief. Unfortunately, for many Michigan parents, child support payments may become overdue. If your ex-spouse does not pay his or her fair share, do you have any recourse? The Friend of the Court, according to Michigan Department of Health and Human Services, holds the responsibility for enforcing child support orders. Fortunately, for you, you do have recourse. 

The Friend of the Court can use any of the following methods to collect child support: 

  • Tax refund offset 
  • Income withholding 
  • Property liens 
  • Pension account interference 

In addition, there are a variety of ways that the court may punish those who do not pay child support. The punitive measures are supposed to motivate a parent to pay child support. In some cases, a parent can face criminal charges for non-support. This normally occurs if all other methods fail. 

In a tax refund offset, the government can intercept federal and state tax refunds. Now, the other parent can object to the tax refund offset, but he or she must have valid reasons for doing so. Income withholding is simple. The court deducts the money straight from the parent’s pay. Employers have to abide by income withholding orders. Property liens are another method by which the court places a lien against personal property, insurance claims or financial assets. Both government and private pension accounts are subject to government interference to pay child support. 

The above information is meant to educate on overdue child support but not to provide legal advice.