Legal Question in Family Law in Michigan
Interest on arrearage
Can the F.O.C. legally charge interest on child support arrearage? I've been divorced for many years and no longer pay child support, but am still paying on arrearage. For 5 years my income was very low. I notified the FOC, but got no reduction. At a court hearing, with tax returns and an IRS audit showing my low income for these years, the judge said he didn't believe it and would not lower the support. Because of this, I got behind on my child support. Even though, I've paid faithfully for the past 8 years, I can't get ahead because of the 8% interest charges.
When the math is done, I've paid more than I owe; however, the FOC's statement shows that I owe more than I did 8 years ago. What can I do? Living out of state and having a businees to run, makes it difficult to argue in a MI court. Thanks, for any advice you can give.
1 Answer from Attorneys
Re: Interest on arrearage
To Whom It May Concern:
This is in response to your email of August 28, 2001, which this office received on September 4, 2001.
Under Michigan statute, you are obligated to pay interest on the support arrearage that you owe. Since you already had a hearing in Michigan on this issue and your request was denied, I see little chance of reducing what you owe. My advice is to entirely pay off the arrearage as quickly as possible.
Sincerely,
Charles L. Nichols
(313) 561-5700
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