By Attorney Brandy J. Thompson | The Kronzek Firm | Lansing, Michigan
For parents paying child support in Michigan, the desire to provide more for a child is understandable. But voluntarily paying more than a court-ordered child support obligation can create legal and accounting complications that are not always obvious. The Friend of the Court office in Ingham County, Eaton County and Clinton County are restricted to following the Michigan case law and statutes in applying these over payments.
Michigan law requires child support to be paid according to the terms of the child support support order. If a parent wants to pay more, it is important to understand how that additional payment will be treated—and whether it will actually provide a credit against future support.
What Pellar v. Pellar Says About Voluntary Overpayments
The Michigan Court of Appeals addressed this issue in Pellar v. Pellar, 178 Mich. App. 29; 443 N.W.2d 427 (1989). The court held that voluntary over payments generally do not create a credit against subsequent court-ordered child support obligations. The reasoning is straightforward: a parent should not be able to unilaterally change the timing or amount of court-ordered support by building up a credit and later withholding regularly scheduled payments. The purpose of child support is to provide for a child’s ongoing needs.
Importantly, Pellar has not been overruled. Michigan appellate courts have continued to discuss and apply its principles. In Fisher v. Fisher, 276 Mich. App. 424; 741 N.W.2d 68 (2007), for example, the Court of Appeals discussed Pellar in addressing alleged child-support over payments and distinguished between voluntary overpayments and other circumstances involving excess payments.
Michigan Law Also Addresses Excess Payments
There is an important statutory qualification to the general rule described in Pellar. Under MCL 552.605c, when a Title IV-D agency (such as the Friend of the Court office) receives a payment exceeding the current support obligation and an applicable arrearage payment amount, the excess is first applied to qualifying arrearages. Depending on the circumstances, remaining funds may be disbursed as additional support, held for a future support payment, or returned to the payer.
This means that an extra payment is not necessarily treated as a permanent “credit” that the payer can later use to skip a court-ordered payment. The treatment of an excess payment depends on how the payment was made, whether arrears exist, whether a future obligation is pending, and how the payment is designated.
What Should You Do If You Want to Pay More?
If you want to provide additional financial support for your child, do not assume that simply paying extra will reduce a future child-support obligation.
Before making a substantial additional payment, consider consulting a Michigan family law attorney. An attorney can review your support order, determine how the payment is likely to be treated, and advise whether a modification or another approach is appropriate.
For parents in Lansing, East Lansing, Jackson, Howell, St. Johns and throughout Mid-Michigan, the safest approach is to understand both the language of your specific support order and the Michigan law governing excess payments.
The bottom line: Paying more child support may be well-intentioned, but an extra payment does not automatically give you the right to pay less later. Pellar v. Pellar remains an important Michigan appellate decision, while MCL 552.605c provides specific rules governing how certain excess payments are handled. Before voluntarily overpaying, make sure you understand how the payment will be treated under your particular circumstances.
The Kronzek Firm has represented parents since the last century. You can reach us by email at contactus@kronzek.law or by calling (517) 886-1000.
Bottom line: Your desire to provide more is commendable, but without legal guidance, voluntary overpayments can backfire. Before you pay extra, make sure you understand the law, the Pellar decision, and your court order so your generosity benefits your child without creating unintended problems.