Legal Consequences of Not Paying Child Support in Michigan

Raising a child is rewarding, but it is also expensive. You rely on court-ordered child support to provide for your children’s needs, from groceries and school supplies to medical care. When the other parent refuses to pay, it puts an unfair burden on you and creates unnecessary stress for your family.

Our experienced child support lawyers understand how frustrating it is when an ex-spouse ignores a court order. Our law firm believes every parent has a responsibility to support their children. If you live in Okemos or the greater Ingham County area and are struggling to collect support, you have legal options. Michigan law provides powerful tools to enforce these orders and ensure your children receive the financial support they are owed.

The Role of the Friend of the Court (FOC)

In Michigan, the Friend of the Court (FOC) helps the family division of the circuit court enforce support orders. For families in Okemos, this is typically handled through the Ingham County FOC. When a parent falls behind on payments, the FOC has several automated and administrative ways to collect the money without even going to court.

Income Withholding Orders

Most child support orders in Michigan include an automatic income withholding order under MCL 552.604. An automatic income withholding order requires the payer’s employer to deduct the support amount directly from their paycheck and send it to the Michigan State Disbursement Unit (MiSDU). If a parent stops paying because they changed jobs or tried to hide their income, our legal team can help you work with the FOC to locate their new employer and reinstate the withholding.

Tax Refund Intercepts

If a parent owes a significant amount of back support (called “arrearages”), the state can step in. State and federal tax refunds can be intercepted and applied to the unpaid child support debt. This type of legal action happens automatically in many cases where the arrearage reaches a certain threshold (often as low as $150 for state tax offsets).

License Suspension

Michigan law allows various licenses to be suspended when a parent fails to pay support, but it isn’t limited to driver’s licenses. The state can suspend professional licenses (like those for contractors, nurses, or realtors) and even recreational licenses for hunting and fishing. Often, the threat of losing a driver’s license or the ability to work in their chosen field is enough to encourage a parent to catch up on payments.

Contempt of Court and “Show Cause” Hearings

When administrative methods like income withholding don’t work, the court may get involved directly. If a parent can pay but refuses to do so, they may be found in “civil contempt” of court.

This process usually starts with a “show cause” hearing. The non-paying parent must appear in court and explain to the judge why they haven’t paid. In Ingham County, these hearings can be intimidating for someone trying to avoid their obligations.

If the judge determines that the parent has the money but is willfully refusing to pay, the court can impose severe penalties to compel compliance. The judge may order them to pay a lump sum immediately or face jail time. The goal here is not necessarily to punish the parent, but to compel them to pay the support they owe.

Felony Non-Support Charges

In extreme cases, refusing to pay child support can become a criminal offense. Under Michigan law, a parent faces felony charges if they fail to pay court-ordered support in the amount or at the time stated in the order.

Felony non-support charges are a serious escalation. A conviction for felony non-support can result in up to four years in prison and fines. While criminal charges are usually a last resort, because a parent in prison cannot earn money to pay support, prosecutors may pursue this path if the non-payment is egregious or if the parent leaves the state to avoid paying.

What if the Parent Truly Cannot Pay?

Sometimes a parent stops paying because they lost their job or suffered a medical emergency. In these situations, they cannot simply stop paying and hope the debt goes away. Child support continues to add up every month, regardless of their employment status.

The correct legal step for a parent in this situation is to file a motion to modify the support order. The parent must prove to the court that there has been a significant change in circumstances. Until the judge signs a new order, the original amount is still due. We often see cases where a parent waits too long to ask for help and ends up with an unmanageable debt that the court cannot retroactively erase.

Why You Need a Dedicated Family Law Team

Navigating the enforcement system can be complex. While the FOC is there to help, they handle thousands of cases and may not be able to give your situation the immediate attention it needs. Having a private attorney can speed up the process. Our lawyers can file specific motions to enforce your order, demand a show cause hearing, or pursue judgments against the other parent’s property or bank accounts.

At Bailey & Terranova, P.C., we pride ourselves on offering top-tier legal service without charging top-tier rates. We know you are already facing financial strain, and our goal is to help you fix it, not add to it. Our legal team combines deep knowledge of Michigan family law with a compassionate, client-focused approach.

Let Us Help You Secure Your Child’s Future

You shouldn’t have to fight alone to get the support your children deserve. If you are in Okemos or the surrounding area and need help enforcing a child support order, contact us today. We will listen to your story, explain your options, and fight to ensure the law is upheld.

Call us at 517-236-7187 or visit our office to schedule a consultation. Let our family help yours.