What Happens if an Ex-Spouse Violates a Family Court Order?

Is your ex-spouse not paying child support or constantly missing support payment deadlines? If you’ve tried to resolve this on your own and your ex still won’t pay the total amount on time or at all, a knowledgeable child support lawyer can help.

We know and understand how frustrating it is to deal with a difficult ex-spouse. At Alward Fisher, we can handle paperwork and court appearances to relieve stress and help recover the child support you need. Contact our Michigan child support attorneys for a confidential consultation.

Child Support in Michigan is the Responsibility of Both Parents

In Michigan, both parents are responsible for financially supporting their child until the child turns 18. A few exceptions exist where a judge may order support beyond the child’s 18th birthday.

The Michigan Child Support Formula determines which parent will pay child support and the amount. A judge considers various factors, including each parent’s income and how much time the child spends with each parent. Once the court issues a child support order, the person paying (the “payer”) is legally obligated to pay on time.

When a payer doesn’t follow their obligations, their child suffers. The parent who is owed payments may struggle to provide for their child’s needs and face other issues.

Penalties for Non-Payment of Child Support

If a payer fails to make child support payments, a judge may compel payments by:

• Garnishing income from the payer’s wages 
• Placing a lien on the payer’s property 
• Garnishing state and federal tax refunds
• Suspending the payer’s driver’s license
• Holding the payer in contempt of court, which can result in jail time and fines

Furthermore, failure to pay child support as required by a court order is a felony under Michigan law. A person convicted may face penalties including up to four years in prison and fines of up to $2,000 or both.

What Can I Do If My Ex is Not Paying Child Support?

You can take action if your ex is not paying child support and failing to uphold their part of an agreement. You can file a motion with the court, and a judge may order your ex to appear in court for a hearing to determine whether your ex can make payments. If the judge finds that your ex can pay, the judge may hold your ex in contempt of court, which can result in jail time or fines.

You should also do the following: 

• Document Missed Payments – Keep a record to show that you haven’t received the payments. 
• Track Additional Childcare Expenses – Keep track of any additional expenses you must cover due to the missed payments.
• Contact a Lawyer – Your family law attorney can answer your questions and represent your and your child’s best interests.

Contact the Traverse City Family Law Attorneys at Alward Fisher Now

An experienced family law attorney can help you pursue the child support payments you need. At Alward Fisher, we can relieve the pressure from unpaid child support and champion your best interests. Contact our Traverse City child support attorneys today to get the assistance you deserve.