Leaving the State With a Child Support Arrearage

[mom2ZnM]

My question involves child support in the State of: Michigan

My childrens dad has been receiving unemployment from the state of TX since Nov of 09. He made 1 payment of $2,100 in January and 1 payment of $318 in May. He is now almost $5,200 behind and has told me he is moving to PA the first of Sept. The courts scheduled a date in June when he was approx. $3,500 behind. When he told them that he was looking for a job they said it was okay and he didn't have to worry about not making any payments. --this was crazy in itself to me! Our next court date is next Friday. When I call my local FOC they said that there is NOTHING I or the courts can do to require him to pay any or all of it before moving. I know of other people (in our county) that had bench warrants placed for them by the courts (without the custodial parents asking) when they were only $1,200 behind. I do know that he has has a few "jobs on the side" and has received other monies but has made no attempts to pay his CS.

My questions are: Is there anything that I can ask to be done to require him to pay all or a portion of his arrears before he leaves the state? Also, after he moves and is settled into his new job who do I contact and exactly what do I ask them to do to recalculate our child support amount (since he will no longer be around or taking the kids on a regular basis0.

Any help you can give me would be greatly appreciated!!!

[Dogmatique]

FOC is correct - neither you, they or the court can force him to pay the arrears before he moves.

Even a bench warrant won't compel him to pay.

When was the order actually made?

[mom2ZnM]

The child support order was initially put into action June of 06. If a bench warrent were issued would he not be forced to pay the set amount or go to jail? Also, could his driverse licence be revoked for being so far behind?

[Dogmatique]

A bench warrant can be issued....but they're not going to go looking for him. Know what I mean?

Yes, his driver's license can be revoked but you'd have to talk to either FOC or other agency to see if that's an option.

In all honesty - and I know it's a huge amount to you - $5k isn't considered a whole heck of a lot in terms of arrears and they may not want to act at this stage.

[mom2ZnM]

He lives about 6 blocks from the court house so he wouldn't be hard to find! Is there a set amount at which they issue a bench warrant or "force" him to pay? How do I ask for the CS amount to be recalculated after he moves?

--thank you for your help!!

He HAS to have his license in order to work, therefore, having his license revoked for lack of payment may be my best option!!

[Xena]

He lives about 6 blocks from the court house so he wouldn't be hard to find! Is there a set amount at which they issue a bench warrant or "force" him to pay? How do I ask for the CS amount to be recalculated after he moves?

--thank you for your help!!

He HAS to have his license in order to work, therefore, having his license revoked for lack of payment may be my best option!!

I understand your frustration, but you need to look at this in realistic terms.

He has been unemployed, and has appeared at hearings, apparently with proof of his unemployment. He also has made some payments.
The reality is that in this economy courts/Judges are seeing alot of unemployed NCPs who are in arrears and trying to find work. They tend to give an unemployed NCP the benefit of the doubt unless either the state or you bring strong evidence to court that he is working under the table or has the money to be able to pay.

As others have said, no he most likely will not be ordered to pay in full before he moves. Which brings up a question- what is his reason for moving out of state? He can easily go into court and state that he is moving to find employment, that is happening alot with NCP's and the court typically will not punish a NCP for moving to try to find employment.

The only time a bench warrrant is issued is when a NCP has been summoned to court for contempt and they do NOT appear at the contempt hearing. As I said, he has been appearing at the hearings, and that's why no bench warrant has been issued.

Another thing to consider is this- yes, his DL can be suspended, however that will PREVENT him from working and paying. In a situation like yours, DL suspension and jail should be last resorts since it will definately prevent you from recieving any support at all.

As for modifying the CS after he moves, is the existing CS amount based on his parenting/visitation time?
If it's not, then there'd be no reason to modify. However, if it is based on parenting time, you really should get a consult before filing especially if he is moving to find employment.