Parents already facing child support duties may wonder what happens if they’re convicted of a DUI in Michigan.
A DUI conviction in Michigan can affect child support by reducing income through job loss, license suspension, or incarceration. Courts may allow modifications, but obligations do not vanish automatically—you must petition for changes. Unpaid support continues to accrue with interest.
This guide explains the interplay between DUI law and Michigan’s child support system, with practical steps for parents to protect rights and responsibilities.
Child Support Basics in Michigan
Michigan uses the Michigan Child Support Formula to calculate support based on parental income, overnights with each parent, healthcare costs, and other expenses. Support is intended to meet a child’s reasonable needs for food, clothing, housing, education, and health care. Orders are enforceable by the Friend of the Court (FOC) and can include income withholding, tax intercepts, license suspensions, and even contempt proceedings for non-payment.
A DUI conviction does not automatically erase or pause support obligations. Parents remain responsible until a court formally modifies the order. That’s why timely action is critical if income or circumstances change due to criminal penalties.
How a DUI Can Impact Income and Support Ability
- Job Loss: Convictions can cause termination, especially in jobs requiring driving (truck drivers, delivery, sales). Unemployment directly reduces ability to pay support.
- License Suspension: Losing a driver’s license can limit commuting, leading to reduced hours or lost employment.
- Incarceration: Jail time interrupts income and may create arrears unless modification is requested.
- Professional Consequences: Certain careers (nursing, law, real estate, CDL drivers) face disciplinary actions that reduce earning power.
Table: DUI Impact on Child Support
| Scenario | Support Consequence | Possible Remedy |
|---|---|---|
| First-offense DUI, fines, short license suspension | Minor employment disruption | Budget adjustments; no modification usually granted |
| Loss of job due to DUI conviction | Income drops; arrears may accrue | File motion to modify support promptly |
| Jail sentence of 30–90 days | Temporary inability to earn income | Request suspension or reduction; provide release plan |
| Repeat DUI with felony conviction | Long-term incarceration, loss of license/career | File for modification; support may reduce but not erase arrears |
How to Modify Child Support After a DUI
Parents must file a motion with the court or request Friend of the Court review. Michigan allows review every 36 months or sooner if there is a “substantial change in circumstances.” Job loss, incarceration, or disability resulting from a DUI can qualify. However, courts look for good faith: voluntary underemployment or quitting work to avoid support does not excuse obligations.
Steps include: (1) filing a motion, (2) providing proof of changed income or incarceration, (3) attending hearings, and (4) complying with new orders. Arrears accrued before modification remain collectible, so timing is crucial.
What Happens if You Don’t Pay?
Failure to pay child support in Michigan can trigger wage garnishment, interception of tax refunds, license suspensions, contempt charges, and even jail time. Interest accrues at 6% per year on arrears. A DUI conviction may already threaten your freedom—adding support enforcement can compound risks. Taking proactive legal steps to adjust obligations is far safer than ignoring them.
Real-World Example
A Michigan parent ordered to pay $500 per month loses a CDL job after a DUI conviction. Without modification, arrears accumulate at $6,000 per year plus interest. By promptly filing a modification, the court reduced the order to $200 during unemployment, preserving compliance and credibility. Once re-employed, the parent resumed higher payments. Acting quickly made the difference between manageable adjustments and crushing arrears.
Role of Incarceration
Short jail terms may not justify modification if re-employment is likely. Longer incarcerations—especially felonies—often do. Michigan law recognizes incarceration as a change in circumstances but requires proof of inability to pay. Courts still examine whether the parent acted responsibly before incarceration and whether other income (assets, benefits) is available.
Defenses and Strategies
- Document job applications and efforts to regain employment.
- File modification motions immediately—don’t wait for arrears to snowball.
- Show compliance with probation, treatment, and sobriety requirements to build credibility.
- Explore community-service credits and in-kind support options where appropriate.
Impact on Custody and Parenting Time
While child support and custody are legally separate, a DUI can influence perceptions of parental fitness. Judges may scrutinize substance use, driving history, and criminal records when evaluating custody or parenting-time modifications. Demonstrating rehabilitation, treatment completion, and safe parenting practices is key to maintaining or regaining parenting time while meeting financial obligations.
Frequently Asked Questions
Does child support stop while I’m in jail for DUI?
No. Support continues unless the court modifies it. File promptly to avoid arrears.
Can arrears be forgiven?
No. Past-due support generally cannot be retroactively reduced or forgiven, though payment plans may help.
What proof do I need to request modification?
Pay stubs, termination letters, incarceration records, medical documentation, and financial affidavits.
Will a DUI automatically reduce my support?
No. You must file with the court; otherwise the order remains unchanged.
Can my license be suspended for unpaid support after DUI?
Yes. Michigan can suspend driver’s and occupational licenses for unpaid child support, compounding DUI penalties.
Does a DUI affect custody?
It can. Courts review substance abuse concerns when determining the best interests of the child.
Call for a Free Consultation
If a DUI conviction is affecting your ability to pay or receive child support in Michigan, legal help is essential. Call 269-808-8007 for a free consultation today.
Resources