How Long Do You Have To Keep Paying Arrears

[Xarles]

My question involves child support in the State of: Michigan. How long must my husband pay child support arrears? His child is 19 1/2.

[Rufford]

Until he has paid all of his arrears.

[Shouta]

Quoting jk



That would mean the order is enforceable until the child turns 20 (presuming the CS was required until the child turned 18). If the father was required to pay child support while the child was in college, it would extend the age which the child support order is enforceable.







that was supposed to be 28, not 20.- - - Updated - - -











Quoting Pegmom3



So basically it is up to the custodial parent to continue support after the 10 years. Which I am sure she will,seeing how she is "an independent woman who does not need any man to help support her" since the child will be 31 by time he pays it off and it will not be going to the child/adult. Real classy. The arrears all started because my husband was out of work for a year and a half,she contested the modification/lower support hearing years ago and won..but yet the court system is "non-discriminatory..pssh whatever. Anyway I am rambling,and possibly need anger management because of this whole situation,lol. Thank you very much for your help!!









what is wrong with the custodial parent demanding the non-custodial parent pay not only not just because the the court ordered it but what is his moral obligation to pay for the raising of his child?

While I sympathize with the situation of being out of work, a child doesn't stop eating, growing, and in general, living because the parents are out of work.

and the money never was intended to go to the child. It is to help pay the costs of raising the child. Since the mother has paid for the raising of the child on her own when he wasn't paying CS, she deserves to be paid the fathers share of those costs, regardless how old the child is. It is and always was the mothers money.

[Jasmin]

@ dogmatique My husband was in prison(not proud but it is what it is) from 6months prior to the child's birth until 3.5 yrs old,they did retro support,and he can't fight it because he did not file to let them know he was in prison,which by the understanding between him and the mom she was not going to seek child support,he had no idea she filed for it and 6 months after they started the support order,my husbands father received notification that they started it(that's where they sent the notification/order as it was his last known address before prison,the mother did not disclose his true whereabouts,which they do ask every time you file for a motion/hearing/new support order). And he could not file to have them drop that 3.5 yrs support order because he was incarcerated,the time limit of 6 months to contest it was up. So basically..that's why. As I did not state that in the previous comment.He then was ordered to pay $880 per month,and did so for 2yrs,then lost his job, then the hearing for modification/lower support was denied,so while only able to make $100 payments each month for 18months,his arrears started plus a 6%interest put on each unfulfilled monthly payment then an annual 6% interest on the overall balance.As of right now he is making $150 payments each month,which is not much but all we can afford, but that's only $1800 dollars per year,not a lot when you are looking at his arrears balance.

@ JK Nothing is wrong with supporting the child,my husband has never ran from supporting him, it was just a simple question I asked out of curiosity,we now have 3 children together and I am also trying to support them efficiently and in this economy it is getting hard, It is what it is. Basically the child has always been with a silver spoon in his mouth and the mother " use your payments to go on mall shopping spree's,I don't need your money,but thank you for supplying me with a new wardrobe!" That is straight from her mouth. This is who we are dealing with. Meanwhile, we are scraping by clothing our children at the thrift store. Just frustrated. She is the irresponsible one,not my husband. It has,is,and always will be a way to lash out at him for going to prison in the first place,he is not proud of it he just turned 18 and the judge used him as an example for other teenagers. Anyway. We will continue to do the right thing,without expecting in return,maybe a small break would be nice. I have heard about a COAP(compromise on support)..any info on that in the state of Michigan? Again thank you.

[Gottfried]

Unfortunately incarceration is usually seen as "voluntary unemployment", and nothing would have changed even if Mom had told the court where he was.

[bevan]

the ability to enforce the child support order is 10 years:









MCL 600.5809. Action to enforce noncontractual money obligations; limitations.(4) For an action to enforce a support order that is enforceable under the support and parenting time enforcement act, Act No. 295 of the Public Acts of 1982, being sections 552.601 to 552.650 of the Michigan Compiled Laws, the period of limitations is 10 years from the date that the last support payment is due under the support order regardless of whether or not the last payment is made.







BUT if there is money still owed, the creditor can seek a judgment, which is good for 10 years but renewable so, as long as the recipient takes the necessary actions, you pay the arrears until they are paid off.

also, the fact that the sol has run does not cancel the debt. It simply means the courts would not enter an order (judgment). He would still owe the debt and any liens in place based on the arrears would not be removed until the lien holder released them which presumably would not be until the arrears are paid in full.

Oh, and notice it says the 10 years for the child support order is the date from the date the last support payment is due. That would mean the order is enforceable until the child turns 20 (presuming the CS was required until the child turned 18). If the father was required to pay child support while the child was in college, it would extend the age which the child support order is enforceable.

[David]

May I ask a silly question please?

Why is it going to take another 10 years to pay off arrears which only covered 18 months?

[NewIyn]

So basically it is up to the custodial parent to continue support after the 10 years. Which I am sure she will,seeing how she is "an independent woman who does not need any man to help support her" since the child will be 31 by time he pays it off and it will not be going to the child/adult. Real classy. The arrears all started because my husband was out of work for a year and a half,she contested the modification/lower support hearing years ago and won..but yet the court system is "non-discriminatory..pssh whatever. Anyway I am rambling,and possibly need anger management because of this whole situation,lol. Thank you very much for your help!!

[Earie]

Yeah we kinda knew that whole thing was a lost cause,he walked out of prison with an arrears $12,000. Thankfully he took the high road and just owned up to his responsibilities,although most people this would have gave them reason to give up and run. Instead all he wanted was to be with his son,and even that was a hard task,as the mother has never been easy or bearable even,to deal with.

[Rhisiart]

That sucks. I read that in Michigan it stops at 10 yrs after the child turns 18..statute of limitations.