My ex is almost $10,000 behind in child support and I was told that that's the threshold here. What can I do to go after him?
I was told in Michigan that the threshold for back child support can only be ten thousand dollars. I don't know for sure if its true but as of April 1st 2014 my ex will be over $10,000 behind in child support and I'd like to know what I need to do to go after him for this child support? my son is starting school next year and I don't have a good enough job to pay my bills and also provide all the school supplies for him I just want to know what I need to do to get the money that's owed to my children.
4 attorney answers
After a certain amount of arrearages build up, the court can schedule a show cause hearing. If the court decides the payer could pay some or all of the amount owed, the payer can be held in contempt. Penalties for contempt may include any of the enforcement methods listed here (like suspending a driver’s license), plus fines, jail time, and other penalties.
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I agree with Mr. Lewis. I would suggest contacting your local Friend of the Court office to see if they can schedule the show cause hearing.
I am not sure what you mean by "threshold" but there are two means of seeking enforcement without the FOC. One is to retain an attorney to file a motion to show cause your ex, and the other is to contact the child support division of your local prosecuting attorney's office and inquire about comencing a criminal prosecution for felony non-support. I do not practice in Edwardsburg - in fact, I confess I don't even know where it is, but this is the first time I've ever heard of the FOC expecting children to go without support until there is $10,000 in arrearages, and that certainly does not reflect a well-established public policy in Michigan of low to no-tolerance for "dead beat" payers.
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When someone is $10,000 in arrears, that is the threshold for it to become a felony issue. It is not the threshold for FOC or the court to take action on someone. FOC and/or the court can take action at any time there is an arrearage.
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