Enforcement
The Custodial Parent (CP) can request enforcement any time the Non-Custodial Parent (NCP) is delinquent in current support payments, has excessive arrearages or denial of parenting time. All requests must be submitted in writing using the Child Support Complaint Form, Parenting Time Complaint Form, or on a full size sheet of paper with your name, the other party’s name, your case number, and the request to enforce child support or specific dates and times of denial from the other parent. Upon receipt of a written request for enforcement, one of the following enforcement methods linked below may be used:
Contempt of Court (Show Cause) Hearing Regarding Parenting Time
If a party is denied parenting time as specified in their court order, it is the responsibility of the parent who was denied the parenting time to file a complaint with the Friend of the Court. Parenting Time Complaint Form must be submitted within 56 days of the alleged violation.
The Friend of the Court commences enforcement of parenting time by sending a copy of the complaint to the accused party within 21 days after the FOC office receives the complaint. If the complaint is found to be a valid complaint, the FOC may suggest “makeup” parenting time, initiate a Show Cause Hearing for Contempt, or file a motion to modify parenting time. If the complaint is found to be invalid, correspondence will be sent to the complaining party as to why the complaint was not enforceable, and what the party’s options may be.
Neither party has the right to stop paying child support because parenting time is being denied. Conversely, neither parent has the right to withhold parenting time because child support is not being paid.
Linked here is a list regarding all enforceable and non-enforceable parenting time provisions.
If a party does not appear for an Order to Show Cause hearing, the judge may issue a *bench warrant for the payer’s arrest, so that he or she may be brought before the court. Once a bench warrant is issued, the duty to arrest usually lies with local law enforcement agencies. A bench warrant issued for failure to appear for an Order to Show Cause hearing has a jurisdiction limited to the State in which it is issued.
*Bench Warrant
- If you have any information regarding the whereabouts of someone you believe to have a Friend of the Court bench warrant issued for his/her arrest please call local law enforcement or our office at 989-743-2397 with the information.
- There are two reason why the Friend of the Court might issue a bench warrant for your arrest. The first is for failure to appear at a court hearing for which you have been show caused. If you receive a notice for a hearing signed by a judge, and you are the party being enforced on, you MUST appear to the scheduled hearing or a bench warrant may be issued for your arrest. If a bench warrant for failure to appear has been issued for your arrest you may make arrangements to appear before your assigned judged through the Friend of the Court staff. If you are arrested on contempt for failure to appear warrant you will be brought before a judge to face possible sentencing.
- A bench warrant might also be issued for contempt due to the failure to comply with a judge’s enforcement order. This bench warrant is issued after you have appeared before a judge for a show cause hearing, the judge has sentenced you to jail but suspended the sentences upon your compliance with the terms of the enforcement order. If you do not comply, a bench warrant will be issued for you arrest. You may or may not appear before the judge again but it is likely that you will serve time in jail for contempt.
*A bench warrant holds a maximum jail sentence of ninety (90) days.
Contempt of Court (Show Cause) Hearing Regarding Support
If support is not paid on time, the Friend of the Court (FOC) may begin a contempt action (known as an Order to Show Cause hearing) by scheduling a court appearance in which the judge requires the attendance of the party who is believed to be in contempt for failure to comply with the court’s order. The custodial parent may ask the FOC to begin enforcement by submitting a request in writing.
If the court finds the payer in contempt, the court may require a payment toward child support or commit the person to jail. If it appears to the court that the payer may be confined to jail, the non-custodial parent may file the appropriate paperwork to request a court appointed attorney. The court is required to appoint an attorney for the payers who cannot afford private counsel.
If a payer does not appear for an Order to Show Cause hearing, the judge may issue a *bench warrant for the payer’s arrest, so that he or she may be brought before the court. Once a bench warrant is issued, the duty to arrest usually lies with local law enforcement agencies. A bench warrant issued for failure to appear for an Order to Show Cause hearing has a jurisdiction limited to the State in which it is issued.
*Bench Warrant
- If you have any information regarding the whereabouts of someone you believed to have a Friend of the Court bench warrant issued for his/her arrest please call local law enforcement or our office at 989-743-2397 with the information.
- There are two reason why the Friend of the Court might issue a bench warrant for your arrest. The first is for failure to appear at a court hearing for which you have been show caused. If you receive a notice for a hearing signed by a judge, and you are the party being enforced on, you MUST appear to the scheduled hearing or a bench warrant may be issued for your arrest. If a bench warrant for failure to appear has been issued for your arrest you may make arrangements to appear before your assigned judged through the Friend of the Court staff. If you are arrested on contempt for failure to appear warrant you will be brought before a judge to face possible sentencing.
- A bench warrant might also be issued for contempt due to the failure to comply with a judge’s enforcement order. This bench warrant is issued after you have appeared before a judge for a show cause hearing, the judge has sentenced you to jail but suspended the sentences upon your compliance with the terms of the enforcement order. If you do not comply, a bench warrant will be issued for your arrest. You may or may not appear before the judge again but it is likely that you will serve time in jail for contempt.
*A bench warrant holds a maximum jail sentence of ninety (90) days.
Income Withholding Notice
In cases where any form of support is ordered or past due, an Income Withholding Notice (IWN) will be issued to the obligor’s employer, if known, to withhold income from his or her check. The withheld payment is then sent by the employer to the Michigan State Disbursement Unit to apply to the support obligation and be distributed to the recipient of support.
An IWN instructs the employer to withhold a predetermined amount from their employee’s paycheck. This amount is based on the current charging support plus an additional amount intended to be applied to the past due support, also known as arrearages. The arrearage payment is determined based on guidelines set forth within the Michigan Child Support Formula which indicate that a payer is to pay 2% per month of the total arrearage owed at the time the IWN. This amount is not to be less than $50 per month nor is it to be greater than the current support amount (if there is no current support obligation, the last ordered charging amount is to be used as the maximum withholding amount toward arrearages).
The maximum amount of support an employer can withhold from an employee is 50% during any given pay-period. Contact the Friend of Court if you have questions regarding income withholding.
If you would like to report a new employer for yourself or someone else, you may update the information through the Change of Personal Information Form or contact our office at 989-743-2397.
Other Enforcement Remedies
Consumer (Credit Bureau) Reporting
The friend of the court must report to a consumer-reporting agency (credit bureau) the arrearage amount for each payer with two or more months of support arrearage. Lenders will often obtain a credit report from a consumer-reporting agency when deciding whether to extend credit. If the credit report shows a history of untimely support payments or a large arrearage, the report may result in a denial of a loan or other credit. The Michigan Child Support Enforcement System (MiCSES) submits an update of arrearages to the consumer-reporting agency on any account already submitted once per month. If your child support debt has been reported and you are currently paying toward arrearages, your efforts will be reflected on your report.
Passport Denial
Current law requires that applications for passports be denied if $2,500 or more is owed in arrears. If your passport has been denied and you believe it to be an error, please contact the Shiawassee County Friend of Court either by phone or in person. If there was, in fact, an error, the Friend of Court will send a request to the State of Michigan to do an emergency removal of passport denial.
License Suspension
Michigan Law MCLA 552.628 provides for suspension of occupational, driver, or recreational or sporting licenses for failing to pay child support. If an arrearage has accrued in an amount greater than 2 months of the amount charged under a support order the court may suspend the licenses.
The order rescinding the suspension does not automatically reinstate the license. The Friend of the Court will send the order rescinding to the Secretary of State and other appropriate Licensing agencies notifying them the license may be reinstated. This will allow the person the ability to apply for the return of the license. There may also be a fee charged by the licensing agency to reinstate the license.
Michigan Law MCLA 552.644 provides for conditional suspension of licenses upon noncompliance with an order for makeup and ongoing parenting time.
Each law mentioned above is linked to the Michigan Legislature for review of the appropriate laws that govern the process. Links to the State Court Administrative Office, Secretary of State and Michigan Legal Help the are provided to better assist you in obtaining information.
Felony Warrant
Under limited circumstances a payer who owes large child support arrears could be subject to state or federal felony prosecution. Felony prosecution is at the discretion and initiation of federal, state or county prosecutors, not the Friend of Court.
