If your ex-partner is not paying their court-ordered child support, the financial burden can feel impossible. For parents in Oakland County, Livingston County and beyond, including cities like Beverly Hills, Troy, Southfield, Milford, and Farmington Hills, your attorney can ask the court to take steps to enforce the child support payments.
What Is Child Support Under Michigan Law?
Child support is a legal obligation (MCL 552.605) imposed on a parent to contribute financially for their child’s care. These payments help cover the child’s basic needs, such as food, clothing, shelter, education, and healthcare. Support orders are often entered during divorce, custody, or paternity proceedings and are enforced by the Friend of the Court (FOC) in the county where the order was entered. For some receipients of child support, the FOC does not function as quickly, effectively or smoothly as they prefer. For those clients, having an aggressive family law attorney acting to recover child support can be a great option.
In Oakland County, the FOC monitors, enforces, and modifies support orders. If your child’s other parent stops paying their court-ordered support, you can request the FOC to enforce the order, regardless of whether you live in Novi, Royal Oak, Bloomfield Hills, or anywhere else in the county. The Oakland County court system is busy, and its staff is overworked. For many, retaining their own attorney to enforce a child support order is an effective option.
Common Mistakes to Avoid When Child Support is Not Being Paid
When child support stops coming in, it is essential not to take matters into your own hands. Reacting impulsively can harm your case. Examples include:
- Don’t withhold parenting time. Child support and parenting time are separate legal issues. You cannot legally prevent the other parent from exercising their visitation rights for failure to pay child support unless a judge restricts that right.
- Don’t make private deals. Any changes to the support amount require court approval. Informal agreements regarding child support are not enforceable. Worse yet, they frequently blow up and make matters worse.
- Don’t ignore the problem. The longer you wait to report non-payment, the harder it becomes to enforce your order retroactively.
- Don’t confront them. Use the proper legal channels to enforce the support order. Uncivil behavior may be used against you in future court proceedings.
You should always consult with your family law attorney before taking any action.
Steps to Take When Support is Not Being Paid
1. Document Everything
Keep a detailed record of each missed payment even though child support paid through the FOC is subject to their record-keeping. You can track payment activity online through the MiChildSupport portal. You may also request an account summary directly from the FOC office.
Include:
- Dates of missed payments
- Screenshots or copies of communications about payments
- Bank statements (if direct deposit was used)
- Any partial payments or payment attempts
This documentation will be critical if your attorneys files an enforcement or contempt of court action with the Oakland County Family Court.
2. Contact the Oakland County Friend of the Court
The Oakland County FOC (located at 230 Elizabeth Lake Road in Pontiac) is responsible for enforcing child support orders issued in Oakland County. They can use enforcement measures, such as:
- Income withholding orders through the other parent’s employer
- Driver’s license suspension (MCL 552.628)
- Interception of tax refunds
- Garnishment of bank accounts
If your case is not already registered with FOC, your attorney can help file a motion to opt in and initiate enforcement proceedings. If you prefer to have your own attorney handle the court proceedings, that may be your best option. Judges often order parents who have violated a child support order to reimburse the other parent for their attorney’s fees spent chasing down the delinquent payer.
3. File a Motion to Enforce or Show Cause
If enforcement measures through FOC are unsuccessful, your attorney can file a motion to enforce child support or a motion to show cause. This compels the other parent to appear before a judge and explain why they are violating the court order and failing to make payments. Failure to appear at the hearing or provide a good reason for not making payments can result in the court holding them in contempt, which may lead to fines, wage garnishment, or jail time (this is typically a last resort).
4. Request a Support Review or Modification
Sometimes, failure to make payments comes from a legitimate financial hardship. If you suspect the other parent lost a job or suffered a pay cut, the court may hold a review to evaluate and possibly modify the current order. Either parent can request a review when there is a significant change of circumstances.
Non-payment alone is not grounds to reduce the obligation. The parent responsible for making child support payments must file a formal request and show proof of the change in circumstances. Until the order is modified, the missed payments remain due. The past-due balance is referred to as arrears. The court can order increased monthly payments until the arrears are fully paid.
Why Legal Representation Matters
Enforcing child support in Oakland County and Livingston County can be a complex process. A knowledgeable family law attorney can help you navigate the legal process and advocate for your child’s financial security.
At The Kronzek Firm, we assist parents in cities across Oakland County, from Birmingham to Auburn Hills and Clawson to West Bloomfield and Oxford. We understand how overwhelming it can be to raise a child, especially without the support you’re entitled to. We know how to hold non-compliant parents accountable.
We work closely with the Oakland County FOC and the 6th Circuit Court to make sure your voice is heard, and your child’s needs are met.
Need Help With a Child Support Case in Oakland County?
If you have stopped receiving child support, don’t wait to take action. The longer the payments go unpaid, the more difficult enforcement becomes. Contact our Oakland County family law firm today to schedule a consultation. Together, we’ll work to ensure your child receives the support they need and deserve.
📞 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.]