Dealing with a child custody dispute in Oakland County can be overwhelming. Even more so when your wages are garnished for child support payments. However, you may have legal options. Under Michigan law, child support orders typically include an income withholding provision. While it does not always take effect immediately, it is always provided for in child support orders. When it does take effect, there are specific procedures for objecting to it, especially when the garnishment is based on a mistake or would create a financial hardship for the payor.
In this blog, we’ll explain when and how you can object to wage garnishment for child support under Michigan law, in Oakland County cities like Troy, Southfield, Farmington Hills, and Royal Oak.
Wage Garnishment and Michigan Child Support Enforcement (MCL 600.4012)
Michigan law requires every child support order to include an income withholding provision (wage garnishment). Unless the court finds reason for it not to take immediate effect or if an objection is filed, income withholding can take effect shortly after entry or service of the order unless delayed or contested under applicable procedures. Common reasons the court may consider include whether immediate withholding is appropriate, the child’s interests, or written alternative payment arrangements where permitted. If you feel that either of those exceptions applies in your case, it is vital that you inform your attorney so that they may properly inform the court.
The Oakland County Friend of the Court (FOC) may initiate or adjust income withholding to collect back due child support (arrears). This means they can increase the amount of child support to be garnished until the back due amount has been satisfied. If that happens, you will receive a Notice of Arrearage and Income Withholding. Notices often include strict deadlines to contest withholding, so immediate legal review is important.
If the court does not find reason to stop the order from taking effect, you may be able to object on certain grounds. You should meet with your attorney to discuss whether your circumstances constitute grounds to object.
Grounds to Object to Child Support Garnishment
You can’t object simply because you disagree with the original support order. You must contest wage garnishment for specific reasons, such as:
- Mistake of fact: If the amount of support owed is incorrect, or if you are not the correct payer.
- Unjust or inappropriate result (arrears only): If the withholding amount has been increased for back due support (arrears), it causes undue financial hardship.
Filing Your Objection
To object, you must file a motion to contest income withholding with the court clerk within 21 days of receiving notice. So, it is important for you to speak with your attorney about objecting as soon as possible to avoid missing a deadline. A hearing will be scheduled where your attorney can present your case as to why the garnishment should not take place.
Key Takeaways for Oakland County Residents
If you live in Oakland County and are subject to wage garnishment for child support, whether in Rochester Hills, Novi, or Oak Park, you may be able to object if:
- There’s a factual mistake (identity or balance)
- You’ve already paid the support
- The increased garnishment for arrears creates undue financial hardship
Make sure to act quickly; your objection rights are time-sensitive. You should contact a local family law attorney who understands the Oakland County Friend of the Court system and can represent you.
Need Help Fighting a Child Support Garnishment in Oakland County?
At The Kronzek Firm, we regularly help parents in Troy, Bloomfield Hills, and all across Oakland County navigate wage garnishment and FOC enforcement. The longer you wait, the more difficult the process becomes. Contact our Oakland County family law firm today to schedule a consultation. Together, we’ll work to ensure your rights are protected.
📞 Our seasoned attorneys have fought for thousands of Michigan clients for more than 30 years. You can reach our Farmington Hills office 24/7 by calling (248) 479-6200.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]