Direct payments are when one parent gives a parent support payments directly, rather than paying through the friend of the court. Friend of the court provides payment coupons to send to their office with your payment so it can be properly attributed. Alternatively, you can even have support taken directly out of your paycheck.
If you have a good relationship with your co-parent, or sometimes even if you do not, at times it can be tempting to just make direct support payments. However, this is a very bad idea. When you make direct payments, instead of making payment through Friend of the Court these payments are not credited to your account. In other words, despite making consistent payments you may be accruing significant arrearages. This could include revocation of licenses, passport cancellations, real and personal property liens, booting your car, and others. You may end up paying your child support obligation twice. Unless you have a signed opt order from a judge, do not ever pay child support directly!
If you have already been making direct payments, all is not lost. Particularly if the payee is cooperative, or if you have kept a good paper trail of receipts, credits may sometimes be retroactively attributed to your account. However, this may not compensate you from all the damage that has accrued as a result of the arrearages. Credit reporting, attorney’s fees to have property liens removed, overdraft fees from bank liens, etc. None of these will be recompensated, so it is better to just pay through the system in the first place.
Direct Payments and Friend of the Court? If you are facing a backlog of damages as a result of direct payments, our offices can help get your payments credited. To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.