For Employers

For Employers

Information for Employers About Income Withholding
If an employer receives an Income Withholding Order, the employer is required to abide by the following laws:

  1. The employer must implement the income withholding order within seven days of service of the notice of the order by ordinary mail. MCL 552.611
  2. The employer must pay withheld money to MiSDU within three days after the withholding. MCL 552.609
  3. If there is more than one support income withholding order against a payer, the employer must comply with each order to the extent allowed by law, currently 50% of the payer’s disposable income. MCL 552.611a
  4. The employer must identify each withholding by payer name, social security number, case number, amount withheld, and the date on which support was withheld. MCL 552.611a(3)
  5. Payments from multiple payers may be combined into one payment as long as the identifying information is provided. MCL 552.611a(4)
  6. The employer must notify the FOC office if employment is interrupted for a period of 14 or more consecutive days; if a new source of income is known, the employer must provide that information to the FOC.  MCL 552.614
  7. Income withholding remains in effect until further order of the court and has priority over all other legal processes under state law against the same income. MCL 552.611
  8. The FOC office must send notice of any modification to the income withholding order; the employer must modify the amount withheld within seven days of receipt of the notice. MCL 552.617
Income Withholding Liability
Employers have legal liability related to Income Withholding Orders according to the following laws:

  1. The employer is liable for any amount that it intentionally fails to withhold from the payer's income after service of the order. MCL 552.611a(2) In addition, the court may find the employer in contempt if it fails to comply with the order. MCL 552.613
  2. The employer is guilty of a misdemeanor if it refuses to employ, discharges, or penalizes a payer because of an income withholding order. The misdemeanor is punishable by a fine of up to $500 and full restitution, including reinstatement and back pay. MCL 552.623 

Friend of the Court - Clare County, Michigan