Upon written request or automated identification, child support cases are selected for enforcement.
Immediate Income Withholding (IWN) is an automated enforcement activity. The IWN will generate anytime a change is made to an account, a new employer or source of income is identified. Automatic IWN will calculate according to the State of Michigan policy to include: current child support, back due support (arrearages) fees and other obligations as directed by court order. Copies are mailed the parties and the employer. According to Michigan law employers can only take 50% of net income for child support and up to 65% if an insurance premium is paid on heath care for the minor child.
Show Cause is a hearing scheduled before the Judge to determine if the court order has been violated. A show cause can be processed upon written request or automatically by MiCSES. Cases selected for show cause must meet specific criteria and be approved by the office administrator prior to scheduling. On the date of the hearing the payer is required to contact the Friend of the Court by phone or in person by 8:30 am. If a payment agreement is reached, or a satisfactory payment is made the case is adjourned to another date. This allows the enforcement worker to monitor payments made on the account. This process is continued until regular consistent payments are made and no further monitoring is necessary. If the payer fails to contact the Friend of the Court and fails to appear at the show cause hearing a bench warrant is issued for their arrest. If the payer of support does not comply with the payment arrangement with the Friend of the Court and does not have extenuating circumstances they are required to appear before the Judge and the enforcement worker presents the case. The Judge will then determine if the payer should be held in contempt of court. This could include jail up to 90 days, or a payment to avoid jail. Appearance of the payee is not required. Information concerning the hearing is mailed to both parties following the hearing.
Tax Offset is an enforcement tool that is used to collect child support from state and federal tax returns. State offsets are started in August of each year. Pre offset notices are mailed to qualifying cases. Federal Offsets are continuous and notices are sent throughout the year. This enforcement remedy is specific and requires an application for services to be on file with the Friend of the Court. Payments that are received by state and federal offsets are sent to the MiSDU for processing. Holds are placed on joint federal returns for six months pending an injured spouse claim filed with the IRS. Tax offset receipts are confidential by federal regulations and can not be discussed over the telephone with any staff at the Friend of the Court.
Credit Reporting is an automated process through the MiCSES system. Payers with a balance of two months will receive notice the account is past due and are given an opportunity to bring the account current or request an administrative review. Administrative reviews must be requested within 21 days of the date of the notice. You must claim a mistake of identity or a mistake of fact. Verification and documentation must be attached to your request for an administrative review.
Interstate Child Support Enforcement is a process under state and federal law known as the Uniform Interstate Family Support Act (UIFSA) to enforce child support orders when a payer resides in another state. This occurs when a Michigan child support order is issued, the payer of support moves outside of the State of Michigan, and stops paying child support. Michigan can request enforcement of the order by the other state. In addition, the same law allows for other states to request Michigan to enforce an order when a payer moves to Michigan. This is a manual enforcement activity and must be started by the Enforcement Worker.
Criminal Felony Non Support under Michigan law failure to pay child support may be charged as a felony. The Friend of the Court refers cases to the Prosecuting Attorney’s office or the Attorney General’s office. The prosecuting agency determines if the case meets the criteria for charging and issuing a warrant. Each case must meet non-payment criteria and have a minimum balance due of $5000.00. A felony warrant is good across the United States and individuals are extradited back to Michigan upon arrest.
License suspension can be processed on all types of licenses including a driver’s license, professional license, and sporting license. This is a manual process and must be started by the Enforcement Worker. Payers of support are required to provide this information to the Friend of the Court.
Liens on Bank Accounts are processed through The Central Enforcement Unit (CEU) in Lansing. If your account has been frozen you must contact the CEU at 517-241-8507. The Friend of the Court can not assist payers with this enforcement activity.
Passport Denial or suspension is an automated process through the MiCSES computer system. Passport denial begins if child support balances exceed $2500.00. If your passport has been denied and you wish to bring your account current please contact the Friend of the Court for further instruction.
Page Last Modified: May 16, 2008 at 10:22 am
