Child support obligations in Michigan are grounded not just in what a parent currently earns, but in what they are reasonably able to earn. The law recognizes that children are entitled to ongoing support, regardless of the paying parent’s present employment status. There are court remedies available when a parent who owes child support is not earning as much as they reasonably could.
Child support disputes go initially to the Friend of the Court (FOC), an arm of the Circuit Court’s Family Division that handles day-to-day administration of family-law cases. The FOC assesses a parent’s potential income when current earnings don’t reflect the parent’s real capability. Scrutiny will be given to voluntary unemployment or underemployment, like quitting work, deliberately reducing hours, accepting lower wages without adequate justification or otherwise avoiding suitable employment. This is distinguishable from legitimate reasons for being out of work, such as layoffs or health issues.
A key tool at the FOC’s disposal is imputing income — that is, assigning an income level based on what the parent should be making, according to their skills and opportunities. When deciding whether to impute income and how much, the FOC considers the parent’s work history, education, job skills and training. They also look at local job market conditions, health concerns or childcare duties and whether there is evidence the parent is intentionally dodging work. The FOC’s recommendation is the basis for the court’s decision on the support amount.
If support isn’t being paid, there are multiple enforcement remedies that may be available. Income withholding orders allow for child support to be garnished directly from existing or new employers. Tax refund intercepts let the state apply state and federal tax returns to past-due child support. Suspensions of driver’s, occupational and recreational licenses. Courts also can order liens on accounts, real estate and other property. A finding of willful nonpayment can result in fines or even jail time.
When unemployment or underemployment is the result of circumstances beyond a paying parent’s control, remedies include support modification. The parent can seek a reduction when they lose income involuntarily and substantially. Temporary orders may offer short-term relief as the parent searches for work and courts can require proof of job applications or participation in employment programs.
Early action is often key to managing modifications, avoiding arrears and preventing harsh enforcement actions. A paying parent should quickly notify the court of job changes, document job search efforts and remain transparent. The receiving parent should track missed payments and the other parent’s employment. A knowledgeable child support attorney can be vital in advocating for fair support determinations and enforcing parental responsibilities.
Dawson Family Law, PLLC provides comprehensive legal counsel to parents throughout Michigan on all types of child support matters, including enforcement and modification. Please call 586-514-0084 or contact me online for a free consultation.
