Request a Legal Modification: Don't Stop Paying Child Support

Child support is a major area of contention for many parents. The custodial parent often feels like they aren't getting enough money, and the noncustodial parent feels like they are paying too much.

When a noncustodial parent believes they're being treated unfairly, they cannot just stop making payments, as a failure to pay can have serious consequences. Learn what could happen to you if you stop paying child support.

Credit Reporting

Child support is a financial obligation. When an individual does not meet the terms of a financial agreement, they are subject to adverse credit reporting; child support is no exception. Once a payment is missed, the state agency will contact you to request action on your account.

Failure to satisfy the past-due amount within the provided window will result in a negative notation on your credit report. Negative account information may stay on a report for years and affect your ability to gain access to a new bank or credit account, sign a lease, or gain employment, even after you're caught up on your payments.

Income Withholding

The financial needs of a child don't stop just because the parent has decided to stop paying child support. When a court establishes an order of support, they do this because the parent has a legal obligation to help care for a child they helped create.

Since this obligation remains valid and the child's needs continue to exist, the state of Michigan will use everything in their power to recoup any money to which the child and custodial parent are entitled, including withholding money from your paycheck.

When the court exercises an income-garnishing measure, more money could come out of your paycheck than your original monthly obligation until the arrears balance is resolved, which could make matters worse for you.

Felony Charges

Whenever an obligated parent does not meet their support obligation, one of the harshest penalties they face is a felony charge for failure to pay. A conviction on this charge could lead to substantial fines and a jail sentence of up to four years.

A felony conviction does not go away after you've served any jail sentence, paid any fines, and brought your child support case up to date. The conviction will remain on your record and make your life harder when it comes to everything from finding a place to live to getting a job.

Missing a single payment won't lead to this conclusion, but a repeated failure to pay could result in a felony charge.

Child Support Modification

Any parent currently under a child-support order has a legal right to request a modification to their order, but success depends largely on the terms on which the request stands. For the court to side with you in your request, you must be able to provide reasoning as to why the ruling is unfair.

The loss of your job, a decrease in your earnings, an increase in the custodial parent's earnings or changes to additional support services you provide to the child, such as health insurance, are instances in which a request for modification may be warranted.

Speak with an attorney before submitting a request for careful review of your situation, as an unwarranted request could lead to an increase in your support obligation.

Use this information to highlight the importance of making your child support payments as legally ordered, and rely on the law to make any modifications for which you feel you are due. If you feel your child support is unfair, contact Armstrong, Betker and Schaeffer, PLC, so that we can look over your order and help you.