If I have no parenting time, do I still have to pay child support?
People ask this question surprisingly frequently. Parents might think the number of hours spent parenting is related to child support. Children have demands. They must eat. They must have fun and play. They must attend school, just like any developing child. These are not optional things. These are basic needs of children to grow and have normal healthy lives.
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Child support relates to expenses required to provide for and raise children. Even if you don’t want to be active in your children’s lives, you must pay child support because you were the one who gave life to them. You will still need to provide for them financially whether you actually get involved in their lives or decide to stay out of them.
What we’re saying is you need to pay up.
The Truth About Parenting Time and Child Support
Parenting time is the amount of time a child spends with each parent when they do not live together. A child has a right to parenting time with each parent in Michigan, unless a judge determines that doing so will harm the child’s bodily, mental, or emotional health.
Having consistent, ongoing parenting time that fosters a strong link between a child and parent is generally in the best interests of a child. We have discussed parenting time in our article, “How To Establish A Visitation Schedule Hassle-free In Michigan” where we defined parenting time and mentioned the statutory basis for parenting time in Michigan.
Child support is the payment of money for a child the circuit court has ordered. Support may cover child care costs, educational costs, and the cost of medical, dental, and other health care services.
Michigan courts have the power to order child support in addition to regular child support for things like child care and medical bills. In order to cover medical expenses, the court may require that one parent obtain health insurance for the child up to a certain dollar amount or percentage of income. The judge will also determine how much uninsured medical expenses will be shared between the parents.
We have written about what is actually covered in child support in our article, “How To Get Deduction From Child Support In Michigan?” where we talked about the categories of expenses your child support covers.
Except in certain situations, a court cannot modify a child support order retroactively once it has been entered. As a result, child support cannot be modified beyond the due date, which is the first of the month following the entry of an order. This rule does have a few exceptions, though.
The first exception is when a temporary order specifies child support. Another exception is where the parties consent to a retroactive adjustment and the court ratifies that agreement. Another exception is made where the person who must comply with the Friend of the Court willfully and deliberately refuses to report, fails to do so, or willfully misrepresents his or her income.
The Consequences of Not Paying For Child Support
The Friend of the Court or FOC automatically starts enforcement actions when the amount of unpaid support equals or exceeds one month’s worth of payments as mandated by the court. Usually, it sets up a civil contempt trial, which could lead to fines or imprisonment.
Whatever your motivations, failing to pay child support in Michigan is a perilous route to take both financially and legally. The repercussions are unpleasant, according to the Michigan Department of Health & Human Services or DHHS.
You may have to go through some of the most unpleasant consequences of not paying your child support as follows:
Income withholding.
Deductions for both current and past-due medical and child support obligations are made from your paycheck and sent to the Michigan State Disbursement Unit. There are more sources of income that must be withheld as well.
Surcharge.
A judge may order that a semi-annual interest surcharge be added to the amount you currently owe if your child support payments are in arrears.
Lien/levy.
Your real estate, personal property, insurance claims, and other financial assets may be the subject of a lien or levy.
Offset of tax refunds.
Federal and state tax refunds may be withheld to pay for past-due support after it exceeds a certain amount.
Pension fund(s).
Both state and federal pension schemes, as well as private pension plans, are subject to support orders.
License suspension.
Several types of licenses, including driver’s, hunting, fishing, and professional licenses, may be rejected, suspended, or canceled after a two-month payment delay.
Passport denial.
Just $2,500 in unpaid support might result in your passport being denied or canceled.
Show Cause/Bench Warrant.
You may be required to appear in court to defend your actions if you don’t pay child support or medical expenses on time.
Credit reporting.
When you apply for a loan, your credit score may be negatively impacted if you fall more than two months behind on your payments, which is reported to a consumer credit reporting agency.
Criminal/Felony Charges.
Yes, things may indeed become this terrible. The county prosecutor may be tasked with handling your case. It’s possible to be charged with felony non-support.
The sooner you address any issues you have paying child support, as is the case with all legal issues, the better.
Making child support payments each month can be challenging if you’re a Michigan parent who has to do it. You could be tempted to stop making payments, particularly if you’ve lost your job, disagree with the terms of your custody and visitation agreement, or are having issues with your ex-spouse. In fact, you could believe that refraining from doing so is justified.
Although it may be easy to understand those sentiments, our legal system is not based on emotions. It is based on undeniable facts and intent of the law.
Consult an attorney. You can always ask the court for a modification of the terms of your child support or visitation agreement.
Parenting Time and Child Support Are Distinct Factors
Although, parenting time is one of the factors considered in calculating for child support it is not the basis to pay or not to pay for child support. Parenting time and child support are not dependent on each other, they are actually distinct factors contributing to the best interest of your child. You need both to serve the best interest of your children.
Child support guarantees that both parents contribute financially to the upbringing of their children. Unless support has already been handled in a related matter, child support orders are necessary in every custody case.
The parent who receives less parenting time typically pays the other parent their part, who is likely to spend their own share of time caring for the children. Courts don’t take a parent’s gender into account.
Orders for child support are carried out by the Friend of the Court (FOC) office. Even if the other parent disobeys a parenting time order, you are still required to pay child support (and you must comply with parenting time orders even if the other parent fails to pay support).
Keep in mind that child support is paid to assist in providing for your children. The lives of your children are impacted when you refuse to pay child support. Inform the other parent right away if you are having trouble making your child support payments. Requesting a modification in support may be made much easier by open contact with the other parent.
If the other party won’t agree to a modification of your child support order and you need one, you can submit a motion to do so and provide the other parent a notice. This day marks the first time child support can be changed. This implies that starting from the date the motion was filed and notice was given to the opposing party, the court may retroactively change the child support order.
In order to retain the date for a retroactive modification, you must file a motion as soon as possible whenever a change in your circumstances justifies modifying your child support.
Your monthly commitment diminishes when your number of annual overnight visits increases because you are likely spending more money directly caring for the children. You can compute your overnights while taking into account special occasions and schedule modifications.
Use your typical number of annual overnights if you have a “reasonable parenting time” arrangement, or request a specified parenting time schedule from the court.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.