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Michigan Child Support Enforcement

In Michigan, after a child support case leaves family court, the Michigan State Disbursement Unit (MISDU) collects and distributes support payments. Payor parents send child support payments to the MISDU, and recipient parents receive them.

If the non-custodial parent falls behind in payments, the recipient must contact a court agency to enforce the child support order. The Michigan Department of Human Services Friend of the Court can help custodial parents recover arrearages with a range of enforcement options.

Friend of the Court Office

MISDU sends child support enforcement actions to the Friend of the Court. This agency is part of the Michigan Office of Child Support. If a parent fails to pay support as required by the court order, the Friend of the Court may request a show-cause hearing. At this hearing, the payor parent must explain why they have not made support payments.

The Support and Parenting Time Enforcement Act (MCL § 552.601 et seq.) encodes all child support laws for the state of Michigan.

Family courts generally prefer that parents make child support payments and resort to criminal sanctions only as a last resort. Michigan law provides other methods of support enforcement, including:

  • Income withholding. An income withholding order may attach wages, unemployment benefits, and other sources of income
  • Garnishment of state and federal tax refunds, lottery winnings, and other money
  • License suspension. These include driver’s licenses, recreational and hunting licenses, and business licenses, such as contractor’s and barber’s permits
  • Notification to credit reporting agencies
  • Passport denial or revocation. If the arrearage exceeds $2,500, courts may revoke your passport even if you are out of the country
  • Liens on real estate and personal property

Criminal Prosecution and Contempt of Court

Failure to pay child support is a felony in Michigan (Michigan Penal Code § 750.165). Generally, the Friend of the Court refers cases for criminal prosecution only after all other methods have failed. The court can sentence the defendant to up to four years in prison. A more common sentence is restitution and full repayment of the amount owed.

Failure to obey a court order is also contempt of court. If the court determines the payer intentionally refuses to make payments, it may file contempt charges separate from the failure to pay charges.

Modifying an Order

The Michigan Child Support Formula bases the original child support amount on both parents’ income at the time of the order. Parents should not make alternate agreements between themselves. Only the judge in the original case can modify the support order. If you need to change the support amount, contact Child Support Services immediately.

If either parent gets public assistance, the child support order gets reviewed every 36 months. Parents must keep their contact information current with the court so support services can locate them if the order needs updating.

Other Child Support Resources

Federal Enforcement

If the non-custodial parent moves out of Michigan, other states can enforce the support order under the Uniform Interstate Family Support Act (§ 552.2101). This law lets other jurisdictions enforce a support order written in another state after the requesting party files a proper petition or written request.

Only the original court can modify the support order.

Get Legal Advice From a Michigan Family Law Attorney

If you need help with child support enforcement or have a notice to appear in court for support arrearage, you need legal advice from an experienced Michigan family law attorney. Get legal help before the court issues a bench warrant or takes other legal action.

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