Will I Get Arrested if I Cannot Afford My Child Support Payments in Michigan?

 Posted on May 07, 2026 in Child Support

The prospect of paying court-ordered child support for many years can be daunting, especially if you have ever been unemployed through no fault of your own. Parents who are self-employed, contract workers, or whose income largely depends on tips, bonuses, or commissions may also fear not being able to make child support payments.

While Michigan does take the obligation of a parent to financially support their child seriously, jail time is usually a last resort for a parent who has failed to make child support payments. If you are worried you may not be able to afford your payments, do not panic – seek the help of an experienced Novi, MI child support attorney who can help you understand your options.

How Are Child Support Payments Calculated in Michigan?

Michigan uses a formula that looks at each parent’s net income, the number of overnights the child spends with each parent, and certain costs, such as health insurance and childcare. More overnights can lower one parent’s payment.

Courts can also allow deviations if the standard amount is not fair. The goal is to set support at a level a parent can actually afford. If a payment becomes too high due to real changes in income, the parent should request a modification rather than risk falling behind.

What Should I Do if I Cannot Make Child Support Payments in Michigan? 

If you expect your income to change only temporarily and you have a good relationship with your child’s other parent, you may be able to work out an arrangement until you get back on your feet. But if you lose your job or experience a significant income reduction, let the court know as soon as possible. If you anticipate that you will be making less money for a long time, or if your income will be unpredictable moving forward, you may be able to successfully petition for a modification to your child support payments.

Acting quickly and communicating clearly shows you are working in good faith and not simply trying to avoid making payments. A court may be less likely to grant a modification to a parent who has a history of trying to reduce their payments, so it is important to ensure you only ask for relief if you need it.

What Are the Grounds for a Lawful Child Support Modification in Oakland County?

To modify a child support order in Michigan, a parent usually must show that life has changed in a serious way since the last order. The change cannot be small, short-term, or based only on frustration.

Common reasons may include job loss, a major drop in income, a large raise, a new work schedule, a change in parenting time, new child care costs, new health insurance costs, or a child’s medical needs.

In Oakland County, a parent may ask the Friend of the Court to review support. A parent may also file a motion with the court. In some cases, support can be reviewed after three years. The parent asking for the modification should bring proof. Pay stubs, tax returns, medical bills, and insurance records can help.

The Risks of Informal Child Support Modifications in Michigan

Parents sometimes try to change child support on their own. One parent may lose a job, and the other parent may agree to accept less money. A parent may also buy clothes or school supplies instead of paying the ordered amount. Though these choices may feel fair, they may do more harm in the long run.

Michigan courts enforce the written child support order. A private agreement usually does not change what the order says. If the order says one parent must pay $800 each month, that parent can fall behind even if the other parent agreed to less. The unpaid amount can become arrears. Interest, license actions, credit reporting, and contempt proceedings may follow. 

Informal changes can also cause conflict. One parent may remember the agreement one way, while the other remembers it another way. Text messages may not protect either parent. A parent should not stop paying because parenting time has been denied. Likewise, a parent also should not deny parenting time because support has not been paid. Michigan treats support and parenting time as separate issues.

What Are the Consequences of Unpaid Child Support in Michigan in 2026? 

Because children who do not receive timely child support payments may suffer through no fault of their own, Michigan law provides many potential consequences to try to keep parents current on their child support payments. Enforcement actions usually start small and increase with continued non-compliance. 

What starts as a threat of being held in contempt of court can escalate to wage garnishment, license suspension, adverse credit reporting, and even criminal charges that may result in fines and prison time. Avoiding the issue will only make it worse. 

How Long Can You Be Held in Jail for Non-Payment of Child Support in Michigan?

In Michigan, a parent found in contempt for unpaid child support may be sentenced to jail for up to 45 days. Jail is often meant to push the parent to comply. The court may set conditions for release. For example, the parent may have to pay a set amount, appear at hearings, look for work, or follow another order. 

Michigan law also allows some parents to use an alternative contempt track docket when they have trouble paying because of issues such as a medical condition, substance use disorder, homelessness, incarceration, or other serious barriers (MCL 552.635a). A parent should take any enforcement notice seriously. Repeated or willful non-payment can also lead to felony charges.

Contact Our Oakland County, MI Child Support Lawyers

If you are unable to make child support payments for any reason, get help from an experienced lawyer right away. At Elkouri Heath, PLC, we can help you understand your options and take steps to avoid penalties for unpaid child support. Call us today at 248-344-9700 to schedule a free, confidential consultation with our Novi, MI family law attorneys. We have been serving clients throughout southeastern Michigan for more than 23 years.