How Long Do You Have to Keep Paying Arrears

[llworking]

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.

[Pegmom3]

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.

[Dogmatique]

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?

[gam]

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.

[jk]

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.

[Pegmom3]

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.

[jk]

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.

[gam]

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.

[Pegmom3]

Thank you kindly

[Pegmom3]

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 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.