The child support enforcement program was created under Title IV-D (Four D) of the Social Security Act. In Michigan this program is administered by the Office of Child Support in cooperation with Friend of the Court offices. The Office of Child Support is part of the Family Independence Agency (formerly called the Department of Social Services), and has the responsibility to administer Federal child support program funds, coordinate location of absent parents, and manage the process for income tax intercepts. The Office of Child Support may also initiate actions to have support orders entered under the Paternity Act or the Family Support Act, and to have support enforcement actions taken in another state. Enforcement will automatically begin when support arrearages exceed the standard established by law. If income withholding is inappropriate or unsuccessful, an order to show cause hearing will be requested. At this hearing, the judge may be requested to find the delinquent payor in contempt of court for failure to obey the court’s order. If the judge finds the payor in contempt, conditions will be set to enable the payor to clear him/herself of contempt. If the delinquent payor is sentenced to jail, he/she will be released from custody immediately upon compliance with the conditions set by the judge, even though the term of the sentence may not have expired. Incarceration does not cancel accumulated arrearages — they must still be paid. The payor MUST be at the hearing. Both parties are encouraged to attend the show cause hearing. A warrant will be issued for the arrest of the parent paying support if he/she fails to appear. The custodial parent should appear to inform the Friend of the Court of the resources held by the paying parent and to assist in identifying and locating the paying parent. Little patience will be shown the custodial parent who fails to appear at the show cause hearing and then complains about the result. The custodial parent will receive a copy of all delinquency notices and hearing notices. Copies of notices will also be sent to the original attorneys of record prior to judgment. Either party may ask his/her attorney to accompany him/her to any hearing.
If a payer does not appear for a “show cause” hearing, the judge may issue a bench warrant for the payer’s arrest, so that (s)he may be brought before the court. Effective January 1, 1997, in most cases the court should order the payer to pay costs associated with the issuance of the bench warrant, including those of the arrest and further proceedings.
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 a contempt of court hearing is only valid within the State of Michigan.
There are several other enforcement mechanisms --
FEDERAL AND STATE TAX REFUND OFFSET
The Friend of the Court may collect past due support from Federal
and State income tax refunds in both TANF and non-TANF IV-D
cases. There are current eligibility requirements that must be met
for a case to be submitted for a tax offset. Based on the eligibility
requirements, submission of arrearages is done automatically by
the SCAO.
LICENSE SUSPENSION
For payers with an arrearage of two or more months of support,
the Friend of the Court may initiate action to have occupational,
sporting, or drivers’ licenses suspended. A payer can avoid a
license suspension by showing that there is a mistake regarding
the amount of the arrearage or by entering into an agreement accepted
by the court for the payment of the arrearage.
LIENS
A lien is a claim against real or personal property. Once a person
holding property is informed of the lien, that person must not allow
the property to be transferred until the lien is released.
As of August 1998, Michigan law provides that a lien in the amount
of past due support exists against the support obligor’s real and
personal property.
CREDIT BUREAU REPORTING
Payers with a support arrearages of two or more months will have
their debt automatically reported to the credit bureau each month.
PASSPORT DENIAL
Payers with support arrearages of $2,500 or more will be denied a
passport. Effective June 1, 2009, all Americans will need to present a U.S.
passport, passport card, NEXUS card, Enhanced Drivers License
or other Western Hemisphere Travel Initiative (WHTI)-compliant
document in order to enter the U.S. by land or sea, this includes
travel to and from Canada.
FRAUDULENT CONVEYANCES
If a support arrearage has accrued and there is reason to believe
the payer transferred title or ownership of real or personal property
without fair consideration, the Friend of the Court may obtain a
settlement requiring payment of the arrearage or initiate proceedings
to have the transfer set aside.