Failure to pay child support can have significant ramifications. Failure to pay can result in incarceration, additional fees, and criminal charges. In fact Felony Non-Payment of Child support is punishable by up to four years in prison, and/or a fine of up to $2000.00. If the non-paying individual has been charged with Non-Payment of Child Support previous, he or she will be subject to habitual offender sentencing enhancements. Generally Friend of the Court or the Michigan Attorney General’s office keeps a list of child support arrearages and may issue an arrest warrant allowing for extradition from anywhere in the United States. Felony Non-Payment of Child Support is a strict liability crime, meaning that upon proof that the child support is owed and has not been paid in full, the person in default is found guilty without any further proofs.
The Court has various other penalties and ways to collect past due amounts at its discretion including:
- Immediate Income Withholding.
- Tax Offset
- Bank Account Lien
- Credit Reporting
- Passport Denial and/or suspension
Hiring the right attorney can help you avoid these negative ramifications. The experienced attorneys of Garmo & Kiste, PLC know the prosecutor’s who will be assigned to your case. We frequent Metro Detroit Courts and are familiar with the specific Judges and procedures. In the past we have been able to negotiate a reduction, modification, and even dismissal of the charges. Upon the demand of an attorney the Judge may hear a motion to reduce child support based on significant changes in circumstance (loss of job, poor economy, etc.). Additionally, an attorney may be able to have the child support agreement modified based on more parenting time to the defaulting individual, or a payment plan to make the payments more affordable. Finally, an attorney may fend off incarceration (or future incarceration) and negotiate for retention of your passport if circumstances require.
Retaining the right attorney can be the difference between a good result, and a bad one. In order to prevent the above legal problems, it is important to act quickly. Contact Garmo & Kiste, PLC, experienced child support attorneys with offices in Troy Michigan today. Let us put our experience to work protecting your rights, call us at (248) 398-7100 for a free consultation or contact us with a private message.