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Past due child support is called “arrears.” Your child’s other parent may owe arrears to you. They could also owe arrears to the State of Michigan if your child or your child’s household gets public benefits now, or got them when child support was owed.
Arrears Owed to You
If your child’s other parent owes arrears to you that they can’t afford to pay, they can file a Motion Regarding Payment Plan/Discharge of Arrears. This means they are asking the judge to let them pay a set amount towards the arrears for a certain number of months, and then to discharge (cancel) the remaining arrears after they finish the payment plan.
The other party must send you a copy of the motion before the hearing date. You can use the Response to Motion Regarding Payment Plan/Discharge of Arrears to respond to their motion. You can find instructions for this form by clicking the green rectangle in the lower left corner of the form.
The judge can only grant the Motion Regarding Payment Plan/Discharge of Arrears if you agree to it. The other party cannot threaten, bully, or intimidate you into agreeing. If you don’t agree, the judge can’t grant the other party’s motion.
If you agree, the judge can grant the motion only after determining that:
- The arrears did not arise just because the other party was trying to avoid paying support; and
- It is in the best interest of the parties and the children to approve the payment plan.
Arrears Owed to the State of Michigan Only
The other party can also ask the court to approve a payment plan for arrears they owe to the State of Michigan.
When the other party owes arrears only to the State of Michigan, you do not need to respond to their Motion Regarding Payment Plan/Discharge of Arrears. Since the money is not owed to you, the judge won’t consider whether you agree. This type of motion won’t affect any child support that the other parent owes to you.
Arrears Owed to Both You and the State of Michigan
If your child’s other parent owes arrears to both you and the State of Michigan, they can ask for a payment plan and discharge of arrears for both types of arrears. The judge will look at each type of arrears separately. If the other parent qualifies for a payment plan for one type of arrears but not the other, the judge may grant only that part of the motion.
You can use the Response to Motion Regarding Payment Plan/Discharge of Arrears to respond to their motion. Find instructions for this form by clicking the green rectangle in the lower left corner of the form.
Other Requirements
If the judge approves a payment plan, the order may list some conditions requiring the support payer to participate in different programs or counseling. This could include participating in:
- A parenting program
- Drug and alcohol counseling
- Anger management classes or a batterer intervention program
- A work program
- Counseling
Another condition may be that the other party has to continue to comply with their current support order.
Can Arrears Come Back After They Are Discharged?
Arrears can be reinstated (come back) in some situations. If a judge granted a motion to discharge arrears and then the support payer receives a large amount of money while they are still making payments on the payment plan, arrears could be reinstated. For example, this could happen if the other party gets an inheritance, a settlement under an insurance policy or a judgment in a civil action, or wins the lottery. Arrears can also be reinstated if a payee who waived arrears owed to them starts to get public assistance while the payment plan is pending.
Arrears will not be reinstated automatically. The payee or the state has to file a motion and show there is good cause to reinstate arrears. But arrears cannot be reinstated after the support payer completes the payment plan and the judge discharges remaining arrears.
What about Child Support That Is Still Charging?
If new child support payments are still charging in your court case, the support payer is still responsible for paying them, even if the judge canceled their arrears. If the child support amount is too high, either party can ask the court to change child support. To learn how, read Changing a Child Support Order.