If you agree and the judge allows it, the other parent has the option to pay a certain amount for the assistance debt for a certain number of months. The judge can then alleviate (cancel) the remaining debt if the other parent makes all payments under the plan. A person who owes maintenance arrears, a payer, will probably be interested in how the outstanding amount can be reduced, while a person to whom the assistance is due, a beneficiary, will be interested in collecting the arrears. Outstanding family allowances are called “unpaid”. It could be a debt that a family allowance payer owes to one person, the state, or both. Your child`s other parent may owe you money if he or she has not paid family allowances ordered on time. Your child`s other parent may owe money to the State of Michigan if you or your child have now received public services or received them when family allowances were due. Many people often confuse unpaid child support with retroactive support, but they don`t mean the same thing. Unpaid family allowances include payments that are expected from the period from the date a court issued a formal child support order.
If family allowances are due on the basis of a court order or agreement, the non-payment of the assistance due constitutes a violation of that order or agreement and, in the case of orders, it is also a violation of the court. The courts and society as a whole attach great importance to financial assistance to children and both have an extremely gloomy view of anyone who has failed to comply with this obligation in the absence of a very good excuse or very imperative circumstances. Debt collection and enforcement of judgments follows an entire course at the Faculty of Law and is not an easy matter. However, the provincial government has established an authority to enforce support obligations, the Family Maintenance Enforcement Program. Anyone entitled to child or spousal support under a contract or agreement may enroll in this program and the program will take care of the execution of the assignment or agreement without much participation by the beneficiary. The FMEP does not have the possibility to modify the injunctions and agreements submitted to it for enforcement, although it takes important judge-type decisions on persons who may or may not be entitled to family allowances in cases of children over 19 years of age. The FMEP cannot increase or reduce the amount of a maintenance obligation for children and cannot reduce or eliminate arrears of family allowances. If you are a payer who wishes to file a lawsuit to reduce or cancel child support arrears and the FMEP is involved in your case, you must submit your claim to the FMEP as well as to the recipient. Although beneficiaries may themselves apply injunctions and agreements for family allowances, beneficiaries most often pass this task on to the Family Maintenance Enforcement Program (FMEP). . . .