Do Child Support Payment have an Affect on my Parenting Time Rights?
Under Michigan law you still have a right to parenting time even if you are late on child support payments. Do not allow your child’s other parent to threaten you regarding parenting time because you have not paid your child support. Our team at Basiga Law Firm wants to be your parenting time attorneys working to protect your rights to see your child.
Talking about late child support payments can often be a heated topic for parents to discuss. The person who is not receiving the payments may feel the need to make threats towards the other parent. The person who is not being paid may even try to withhold parenting time.
Despite these threats, the other parent does not have a legal right to stop you from having parenting time already outlined in a court order.
Michigan recognizes that children benefit from interaction with both parents and reinforces this concept through parenting time plans. Your court developed plan should outline the structure for your agreement including when parenting time will take place.
There are factors considered by the court in determining the amount of time you have with your child, but these do not include the payment of child support. The parenting time you have been awarded, through the court order, cannot change because of issues related to late payments.
Michigan law outlines circumstances where changes to parenting time may be made in an agreement.
These include but are not limited to the following factors:
- Likelihood of abuse or neglect of a child;
- Inconvenience or burden caused by travel of the child
- Failure of a parent to exercise reasonable parenting time or
- Threats of a parent to retain or conceal a child from the other parent.
The Friend of the Court has other mechanisms to enforce the payment of support instead of withholding parenting time. If you are behind on payments, there are several ways the funds may be taken by the court. The most common way to collect support is through Immediate Income Withholding through your employer.
The amount withheld from your paycheck cannot exceed more than 50 percent of your disposable earnings.
When your child support payments are not paid on time you are considered to be in Contempt of Court. Your child’s parent or the Friend of the Court may file paperwork requiring you to appear in court. Basiga Law Firm will meet with you to discuss your specific situation and can appear as your attorney in court.
At the hearing,the judge will give you orders on how to clear up your late payments. If you fail to appear for the hearing, a bench warrant could be issued in your name.
In some cases, the court may take your tax refunds at the state and federal levels.
There are also additional remedies available to the court including the following:
- Suspension of your driver’s license;
- Creation of a lien against a piece of your property; or
- Removal of funds out of your retirement accounts.
Our team at Basiga Law Firm is ready to represent you in any court proceedings related to late child support payments or parenting time issues.
Contact us today at 517-708-7830 to help you get on track to ensure your parenting time is not overshadowed by late child support payments. We will help you reach a resolution to get your payments back on track.
Losing time with your child can be devastating. Get a legal team on your side who will protect your rights as a parent.
Our attorneys at Basiga Law Firm will fight to keep your parenting time with your child. We will be your advocate throughout the entire proceedings, working to guarantee you receive the parenting time outlined in your court order.
Contact our Okemos Location at 517-708-7830 today.