Most parents have every intention of paying the child support they have been ordered to pay as part of their divorce judgment. But a change in circumstances can result in the inability to pay or the inability to pay as much as before. Parents who have lost their job or encountered another significant change in circumstances have options for resolving the situation before enforcement actions become imminent.
Parents can file to modify child support if they are no longer able to pay the same amount of child support. If they have already fallen behind, they can seek to establish a repayment plan that will allow them to bring their payments current in an orderly, court-approved fashion. It is essential to file the proper court paperwork as soon as possible after a change of circumstances.
MOTIONS TO CANCEL ARREARS
In most cases, child support cannot be modified retroactively. Unfortunately, many parents find out much too late that they have the option of filing a motion to reduce child support when their circumstances change and find themselves far behind on payments and in trouble with the law.
If the other parent is willing to forego the resulting arrears, the court will approve the forgiveness of arrears. If the other parent is not cooperating, you may file a motion to cancel arrears if your arrears are owed to the state of Michigan for public assistance. If you are able to present a compelling explanation for why you have fallen behind you may be able to achieve a reduction or forgiveness of your arrears.