Aside from the penalties we talked about in the last blog entry regarding the direct consequences of being convicted of failure to pay child support (prison, fines, probation) there are collateral or secondary consequences as well.
Immediate Income Withholding—Your employer will be required, if ordered, to deduct earnings from your paycheck and submit it to the Friend of the Court. Those payments will be divided and applied to your current child support order, arrears, alimony, and fees. Up to 50% of your net income can be withheld. There is an interstate agreement throughout the United States to enforce child support obligations from other states. You cannot escape your obligation simply by moving away to another state.
Tax Offset—Your state and federal income taxes can be seized and applied to an outstanding child support order.
Bank Account Lien—Your bank accounts can be frozen.
Credit Reporting—Your arrears can be reported which will affect your credit score.
Driver’s License Suspension—Your driver’s license can be suspended as well as sporting licenses (hunting, fishing) and professional licenses (day care).
Passport Denial and Suspension—This will be done through an automated system.
Incarceration—A judge or referee can order you to appear and “show cause” for why you should not be held in contempt for failing to obey a court order. You can be sentenced to jail for contempt of court.
Can I Make a Motion to Modify My Child Support Order?
Yes, and you should if you have had a chance in income, liabilities, or job that could get your order of support lowered, Keep in mind that even if successful, it will only change your order of support going forward from the day of the motion. It doesn’t have retroactive application unless you can prove that the original order was erroneous to begin with. Even that can be hard to win on because if that was the case you should have noticed it and motioned the court earlier.
Can the Other Parent Waive the Arrears?
Maybe. The parent can request to waive the arrears but the court will inquire as to why the parent believes this is in the best interest of the child. Some judge’s will allow it while others will not. If the other parent is receiving governmental assistance, they will not be able to waive the arrears unless the parent is willing to forego the governmental assistance as the government makes pursuing arrears and child support a contingency of receiving government aid.
Will a Change in Custody or Parenting Time Help?
Yes, a change in custody, parenting time, or overnight visits will help reduce your child support order.
Can My Arrear Payments be Lowered?
You can ask the court to lower your monthly payment on your arrears, but not the actual amount of the arrears. If you cannot afford the current monthly payment and a lower one would be more manageable, you can motion the court to do that.
Once you fall behind on your child support obligations, it doesn’t take long for an avalanche of consequences to come falling down and you can quickly get smothered if you fail to act in a timely manner.
Hiring the right attorney can make a difference. A skilled attorney can argue for a bond reduction so you can continue to work and pay arrears while the case is pending. An experienced attorney can persuade even a reluctant judge to agree to a suspended sentence which can help you take advantage of good plea negotiations. A criminal defense attorney can also spot inaccuracies or defenses that can be raised that could improve your case.
If you have been charged with failure to pay child support (FTPCS), we can help. There may be options available to make your burden lighter and stop the incessant array of incidental consequences that follow getting behind on child support. We are experienced in arguing for bond reductions, modifying the payment amounts, correcting the arrears total, and successful plea negotiations and suspended sentences. Call Austin Legal Services, PLC today at (517) 614-1983 to speak to our Michigan criminal defense attorney about your case.
Representing clients throughout Michigan in the counties of Ingham, Eaton, Clinton, Shiawassee, Lenawee, Kent, Livingston, Jackson, Gratiot, Washtenaw in the cities of Lansing, East Lansing, Mason, Holt, St. Johns, Bath, Delta Township, Lansing Township, Hastings, Ithaca, Corunna, Grand Rapids, Howell, Brighton, Jackson, Ann Arbor.