My question involves child support in the State of: Michigan. How long must my husband pay child support arrears? His child is 19 1/2.
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My question involves child support in the State of: Michigan. How long must my husband pay child support arrears? His child is 19 1/2.
Until he has paid all of his arrears.
That sucks. I read that in Michigan it stops at 10 yrs after the child turns 18..statute of limitations.
the ability to enforce the child support order is 10 years:
BUT if there is money still owed, the creditor can seek a judgment, which is good for 10 years but renewable so, as long as the recipient takes the necessary actions, you pay the arrears until they are paid off.Quote:
MCL 600.5809. Action to enforce noncontractual money obligations; limitations.
(4) For an action to enforce a support order that is enforceable under the support and parenting time enforcement act, Act No. 295 of the Public Acts of 1982, being sections 552.601 to 552.650 of the Michigan Compiled Laws, the period of limitations is 10 years from the date that the last support payment is due under the support order regardless of whether or not the last payment is made.
also, the fact that the sol has run does not cancel the debt. It simply means the courts would not enter an order (judgment). He would still owe the debt and any liens in place based on the arrears would not be removed until the lien holder released them which presumably would not be until the arrears are paid in full.
Oh, and notice it says the 10 years for the child support order is the date from the date the last support payment is due. That would mean the order is enforceable until the child turns 20 (presuming the CS was required until the child turned 18). If the father was required to pay child support while the child was in college, it would extend the age which the child support order is enforceable.
So basically it is up to the custodial parent to continue support after the 10 years. Which I am sure she will,seeing how she is "an independent woman who does not need any man to help support her" since the child will be 31 by time he pays it off and it will not be going to the child/adult. Real classy. The arrears all started because my husband was out of work for a year and a half,she contested the modification/lower support hearing years ago and won..but yet the court system is "non-discriminatory..pssh whatever. Anyway I am rambling,and possibly need anger management because of this whole situation,lol. Thank you very much for your help!! :)
May I ask a silly question please?
Why is it going to take another 10 years to pay off arrears which only covered 18 months? :confused:
that was supposed to be 28, not 20.
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what is wrong with the custodial parent demanding the non-custodial parent pay not only not just because the the court ordered it but what is his moral obligation to pay for the raising of his child?
While I sympathize with the situation of being out of work, a child doesn't stop eating, growing, and in general, living because the parents are out of work.
and the money never was intended to go to the child. It is to help pay the costs of raising the child. Since the mother has paid for the raising of the child on her own when he wasn't paying CS, she deserves to be paid the fathers share of those costs, regardless how old the child is. It is and always was the mothers money.
@ dogmatique My husband was in prison(not proud but it is what it is) from 6months prior to the child's birth until 3.5 yrs old,they did retro support,and he can't fight it because he did not file to let them know he was in prison,which by the understanding between him and the mom she was not going to seek child support,he had no idea she filed for it and 6 months after they started the support order,my husbands father received notification that they started it(that's where they sent the notification/order as it was his last known address before prison,the mother did not disclose his true whereabouts,which they do ask every time you file for a motion/hearing/new support order). And he could not file to have them drop that 3.5 yrs support order because he was incarcerated,the time limit of 6 months to contest it was up. So basically..that's why. As I did not state that in the previous comment.He then was ordered to pay $880 per month,and did so for 2yrs,then lost his job, then the hearing for modification/lower support was denied,so while only able to make $100 payments each month for 18months,his arrears started plus a 6%interest put on each unfulfilled monthly payment then an annual 6% interest on the overall balance.As of right now he is making $150 payments each month,which is not much but all we can afford, but that's only $1800 dollars per year,not a lot when you are looking at his arrears balance.
@ JK Nothing is wrong with supporting the child,my husband has never ran from supporting him, it was just a simple question I asked out of curiosity,we now have 3 children together and I am also trying to support them efficiently and in this economy it is getting hard, It is what it is. Basically the child has always been with a silver spoon in his mouth and the mother " use your payments to go on mall shopping spree's,I don't need your money,but thank you for supplying me with a new wardrobe!" That is straight from her mouth. This is who we are dealing with. Meanwhile, we are scraping by clothing our children at the thrift store. Just frustrated. She is the irresponsible one,not my husband. It has,is,and always will be a way to lash out at him for going to prison in the first place,he is not proud of it he just turned 18 and the judge used him as an example for other teenagers. Anyway. We will continue to do the right thing,without expecting in return,maybe a small break would be nice. I have heard about a COAP(compromise on support)..any info on that in the state of Michigan? Again thank you.
Unfortunately incarceration is usually seen as "voluntary unemployment", and nothing would have changed even if Mom had told the court where he was.
Yeah we kinda knew that whole thing was a lost cause,he walked out of prison with an arrears $12,000. Thankfully he took the high road and just owned up to his responsibilities,although most people this would have gave them reason to give up and run. Instead all he wanted was to be with his son,and even that was a hard task,as the mother has never been easy or bearable even,to deal with.
Bottom line Peg your husband owes the money and has to pay the money. Your family would be far better off if you could find a way to accelerate the payments so that he gets it paid off quicker and avoid interest charges. At a minimum each year he needs to be covering ALL of the interest and at least a small percentage of the principal.
You're right that is the bottom line,However after a little research I did find this on a State Child Support website for all states that offer a compromise of some arrearages: Several laws allow for adjustment of arrears and interest. In some cases, the Department of Human Services or its designee may use discretion to settle and compromise state-owed arrears (MCL 205.13). Other laws allow noncustodial parents who do not have the ability to pay the arrearage in full, presently or in the foreseeable future, to request a payment plan (for a minimum of 24 months). At the completion of the payment plan, the court may waive any remaining arrears owed to the state (MCL 552.605e). Additionally, noncustodial parents may request a payment plan as a means to have the surcharge (interest) waived or reduced if regular payments are made (MCL 552.603d). So this will be brought up in December when he goes to discuss his case once again. I find it odd that the judges do not bring this to peoples attention. Seeing as how his arrears can not be paid in full presently or in the foreseeable future. I think more people should be aware of this. This is just for Michigan,but 28 more states offer very similar programs.
Are you misinterpreting the law here?
That applies to NCPs who owe THE STATE.
You have never indicated that he owes the State.
So who does he owe? Mom, or the State?
How much does he owe? You also need to answer Dogmatique's question, about who he owes what to.
He needs to keep paying on it, because the State Attorney's Office, goes after on a regular basis, ones who owe a large amount. They tend to jump on this once the child is over 18, and the FOC has not had success in getting this money.
You obviously have not read MCL 552.605e either. If the payee objects, the arrearage does not go away.
As was noted, MCL 205.13 applies to arrears owed to the state.
and I suspect you have not read MCL 552.603d either.
Ok first of all this is why I came to this site to get answers,I do not pretend to know the in's and out's of these law's. I did ask previously if anyone had heard anything about this compromise of arrears in Michigan,with no reply. I am looking for help in explaining these things. I am not a "know it all" nor am I trying to be. Simply asking for advice. Thank you for the links to MCL 552.605e and MCL 552.603d. Is NON- ADC and NON-TANF from my understanding means Temp assistance for needy families,this is what it says on his paperwork that he owes. Although federal and MI take his taxes..so I believe that means he owes the state,and the mom. April 2010, my husband went in to discuss payment arrangements for arrears ($25k)and it was put into effect that day that 24months from then and no missed payments the judge said she could take off half of what he owes,but we never received confirmation of this. Is why I asked in the first place about the compromise and now I realize,yes he does owe the state. These MCL's are confusing,and I need them interpreted.(dumbed down)haha.
ask and I'm sure somebody will attempt to explain it a bit.
as to whom is taking the money and to whom it is owed to;
child support, even if owed to the custodial parent, generally goes through the state child support system. They (CS enforcement) do take action to enforce delinquent payments on behalf of the payee including intercepting tax returns.
http://courts.michigan.gov/scao/services/focb/mcsf.htm
Michigan child support manual, it discusses the enforcement that can be taken, which includes tax returns, and tax returns can be taken even if mom is the one owed, and the state is owed nothing. Read the manual.
At the top of the link, is more places you can find further information, it will give you an idea on the whole court process, including child support, enforcement, arrears.
Thank you kindly :)
Just an update: The judge granted my husband a compromise of arrears (COAP)on the surcharges they had charged($18,000). After paying the ordered amount for 2 years with no missed payments. There is a light at the end of our tunnel now,thank God :D The judge also took into account that the adult child is not living at home with the "CP" has a job and is paying his own bills. As for the rest of the arrears..we will pay until they are gone as any decent parent would.
That's crap. He doesn't owe the arrears to the adult child. He owes them to the other parent who went without because your husband either couldn't or wouldn't pay in a timely manner.
I'm not saying I don't believe you. I'm saying it's not fair. (something you seemed to be concerned with earlier.)
What I posted was they dropped the SURCHARGES aka INTEREST aka money owed to the STATE..not the amount actually owed to the CP,that money(as explained by the judge to my husband,was not owed to CP).The judge brought this COAP to OUR attention,not the other way around. The remainder of the amount he stills owes is due to the CP,and we will pay and have been. And the CP and child NEVER went without. His child hasn't gone without financially neither has the mother,hubbys mom and dad gave the mother $400 per monthfrom birth to age 4 (CS order was for $800, hence the arrears)while he was locked up and we still owe them for that,never been on state aid/public assistance,always has the newest phone,computer,name brand clothes and shoes,he's actually spoiled.My husband paid for the childs school clothes and neccessities every year since age 4,sports equiptment for 2 sports he played in every year since he was 4 years old(not cheap at ALL) on top of his $800 CS(was reduced to $150 2yrs ago when hubby was in an accident and lost his job). His arrears are because he was in prison. He's not proud of the prison situation but it is what it is(basically a kid started a fight,my husband defended himself,hubbys cousin pulled a gun and started shooting at the kid,because hubby was 18 when the trial started he had the book thrown at him,made an example of). Now our 3 children who we shop for at the Salvation Army,receive public assistance,and visit the food pantries in the winter while my husband is laid off,meanwhile we try to live off of $700 per month unemployment benefits($500 of which is paid to rent) The only thing he did go without was a stable environment(the mother was on drugs and basically her mom raised him from birth to 4yrs. Thankfully the child has a great relationship with hubby,mom not so much.The adult child came into the hearing on his fathers behalf and is the one that brought up that he was not living at home and pays his own bills,which really didn't have much to do with the judge deciding to sign off on the COAP. The mother was not present because the money they compromised is not due to her and obviously it is not payable in the foreseeable future.It was an expression of relief, not smugness,perhaps the smiley face I inserted offended?Everyone is so quick to judge. That's not my job but Gods.
Quick to judge? He owes child support. He CHOSE to break the law and he went to prison. He should have paid the child support. Period. No one cares about how YOU want to justify the situation (which really, is not your situation, it's the child's father - who just so happens to be your husband).
Yeah, okay he CHOSE to break the law. When someone hits you in the face you're just going to sit there and take it,not defend yourself? Right. I'm sure that's exactly what everyone thinks as a teenager."I'm going to go to prison for defending myself,I better just lay here and let them possibly kill me" The fact of the matter is he IS paying child support,just not the surcharges, CP is getting what is owed to them. The state just isn't getting what they feel neccessary to charge interest on the arrears,was never going to be paid to CP. This is how the judge explained it. SO you're upset because he is not paying the interest,that CP was never going to get?
There's nothing wrong with feeling relief and seeing an end in sight.
I dont understand what the problem is. Just because a man has a new family does not excuse him from helping to raise his other children. Honestly, why would a man have 3 more children if he could not provide for his first child. You as a mother should have seen that coming. Its my opinion that even if the custodial parent has plenty of money, the non-custodial parent does not get to walk away from his chosen debt.How would that even be fair? What if while your husband was paying his dues in prison, she struggled through college to better her life for her children...and when he was released she was earning a decent salary...would that even make sense that he wouldnt have to pay child support? The costodial parent did not create the child on her/his own. It is about responsibility, and doing the best you can to forfill your promise to that child/children.
At 17 when I met my husband,what was I supposed to see coming? I was not a mother,but a child basically. The fact is that before I met him,he was in prison,was not capable of making an $800 per month CS payment, so his parents paid $400(what they could afford) until he got out of prison(4yrs later).Meanwhile that remainder of $400 he was not capable of paying,gained interest and surcharges,which (as explained by the judge) is not her money but the CS offices and the state of Michigan. When released from prison he had $12,000 in arrears. He is not trying to be excused from paying support,never has even when we are at the food bank receiving food to get us through the winter he STILL paid his support,he is still paying what is due (actual owed past due support) to her. The child was NEVER on state aid and neither was the mother. For the first four years of the childs life he was raised by the grandmother,not the mother,she was having too much fun "drugging" and partying,collecting the CS while not even raising the child. But I get it..my husband is a bad irresponsible parent because he is just trying to keep his head above water. If you ask me the amount while he was in prison should be due to the grandmother. Meanwhile the father is a bad man for having more children,but the mother is not a bad woman for having more children? If she was struggling to raise their child,why have more? Point is she IS getting what has always been due to her. He is not getting out of paying,just the interest and surcharges she would not collect anyway.
Nobody here suggested that either parent should have kids they can't afford.
No but it was made a point that why someone would have more children if they can't afford the one/s they have. Shame on both parents for trying to move on with their lives.At the point and time we had our first child together we could afford her and his oldest. We can not predict the future,if we could I would have went to the CS office that day 2yrs ago and paid his CS instead of him,which resulted in his car accident that nearly killed him,and lost his job as a result of it,and added on another large amount of arrears (which is still owed to CP and he IS paying and she will continue to receive)which in turn gained so much interest and surcharges that he now does not have to pay.(which was never due to her but the CS office and state) All this because I posted an update on his court date and the outcome of it. I only posted the update because there were over 1200 views..which lead me to believe that there are other people out there(man OR woman) who did not know that they may see a light at the end of the tunnel for being relieved of the surcharges and interest that the CS office and state charges and collects. NOT the arrears that are due to the CP. The only way to have his actual unpaid support waived is if CP agrees,and my husband has never even considered the notion..because he knows the CP is owed it. I'm just damned if I do and damned if I don't,no matter what I say on here. Matter of fact I'd love know how to close this thread..if there is a way to.