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Support Enforcement
If you are not receiving your court ordered support payments, and you would like the Friend of the Court take appropriate action on your case, you can do so by filling out the Support Complaint form here . Submit the form to the Friend of the Court office and we will use enforcement tools that are available to us at this time.
Child Support Enforcement
The Friend of the Court (FOC) is required to automatically begin enforcement action against a parent ordered to pay support whose back support is in an amount equal to, or greater than, four weeks of support. This is to be done without waiting for a complaint or request for enforcement from the person receiving support. The state child support enforcement computer system (MiCSES) is designed to inform the FOC when payments are not made so action can be commenced. However, the system does not always do so properly, and information from the parent who is not receiving the court ordered support often speeds the results of the FOC enforcement efforts.
The FOC has many tools available to enforce payment support accounts. These tools include:
An income withholding order requires the employer or other sources of income of the person required to pay support to withhold support from his or her wages or other income in a manner similar to income tax withholding. All support orders issued in the State of Michigan are required to include an order of income withholding. All support orders must provide for immediate income withholding. Delinquency does not have to occur before income withholding takes place, The support money is taken directly from a payer’s check in a way similar to deductions for income taxes and social security payments. This is not optional. It can be avoided only in certain very limited circumstances. The Court has some limited authority to delay immediate income withholding if the Court finds that it would not be in the best interest of the child (good cause exception).
Show Cause Hearing
At the Show Cause hearing, the payer of support has the right to be represented by an attorney. The Court will appoint one for payers who cannot afford to pay for their own attorney if there is the chance that they will be put in jail. The payer seeking an attorney will fill out an application for an appointed attorney just before the hearing and the Judge will decide if the payer qualifies for no-cost legal services.
In the hearing, the FOC will give the Court a review of the case and will tell the Court what it recommends. The Judge will decide if the payer is in contempt of the Court’s support order, and what action or consequence will occur next. If the show cause hearing is scheduled and the payer does not appear, the judge will issue a bench warrant for the payer’s arrest. Bond will be set at 25% of the support arrearage, or $500, whichever is greater. Once the court issues a bench warrant, the responsibility for the payer’s arrest lies with the local law enforcement agencies.
Frequently Asked Questions (FAQS)
Q. I didn’t receive a notice of a Show Cause Hearing. Is the warrant still valid?
A. The Friend of the Court is obligated to send notification to both parties at the last known address on the records of the Friend of the Court. If the party failed to notify the FOC in writing as to a change of his or her address, the warrant is still valid.
Q. Can a Show Cause Hearing be rescheduled if I am unable to attend?
A. No. The hearing will not be rescheduled based upon a request from either party. A respondent must appear and speak with their Enforcement Officer to resolve the contempt matter.