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	WILLS AND ESTATES

Contact Kimberly Robbins directly for fast answers to your Family Law Questions at the Office at (248) 624-5500, on her cell phone at (313) 645-9219, or by email at kim@ambroselawgroup.com.

Felony Non Support

IT IS A FELONY TO NOT PAY SPOUSAL SUPPORT OR CHILD SUPPORT

You or your ex-spouse face court fines, a felony conviction, and even prison if support payments are not made. This is to be taken seriously by both sides, as our legislature clearly sees this as an important obligation that must be fulfilled.

Mchigan Law States:

If the court orders an individual to pay support for the individual’s former or current spouse, or for a child of the individual, and the individual does not pay the support in the amount or at the time stated in the order, the individual is guilty of a felony punishable by imprisonment for not more than 4 years or by a fine of not more than $2,000.00, or both.
This section does not apply unless the individual ordered to pay support appeared in, or received notice by personal service of, the action in which the support order was issued.

STEPS THAT ARE SOMETIMES TAKEN BEFORE A FELONY IS CHARGED


	Income Withholding Orders
	Support can be collected through Income Withholding Orders. A large percentage of support is collected this way. The State can do this automatically, or the Friend of the Court can also manually initiate one. Employers must abide by these orders. If the ex-spouse who was obligated to pay falls behind by a month, and there is a withholding order in place, that person will get notice that their income will be withheld in 21 days. The person who is obligated to pay can request a hearing within that 21 day period. The amount withheld is usually capped at about 50%, though there are exceptions.

	Lien
	A lien can be placed on the real or personal property of the person who owes the support. This includes any financial assets.

	Surcharge
	A surcharge is a percentage that is added to unpaid child support balances. This happens twice a year. The new total becomes the total amount of support owed and collectible. Talk to an attorney about these charges.

	Show Cause/Bench Warrant
	If there is an arrearage (the amount past due) in support payments, the court can ordered the person obligated to pay to appear in court. This could be done with an appearance bond, which is an amount of money that must be paid before that person is released from jail. If the person who is not paying does not show up for a Show Cause hearing, a warrant will be issued for that person's arrest. If you are facing a Show Cause hearing, contact an attorney as soon as possible.

	Domestic Relations Orders
	Domestic Relations Orders are used to collect current past due support from pension plans in the private sector and in government employment.

	Credit Report
	Two months of arrearages (past due support payments) will trigger an automatic state system to report this to a consumer credit reporting agency.

	Driver's License
	Non payment of child support can result in driver's license revocation. This also applies to professional licenses and hunting/fishing licenses.


	Contact Your Local Prosecutor
	To find out more about the prosecution of non-support cases, find more information on your county's government website, and from your county's prosecutor. Most of these offices have specialized units that specialize in support issues. The following sites might prove useful: Wayne County Prosecutor Oakland County Prosecutor Macomb County Other Child Support Resources



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