Michigan Judicial Institute and Friend of the Court Bureau

Michigan Judicial Institute and
Custody, Parenting Time, and Child Support
Enforcement: The Basics
Materials presented by:
Friend of the Court Bureau Michigan Supreme Court
1. Support Enforcement ..................................................................................................... 3
1-01 Responsibilities ............................................................................................................. 3 A. FOC General ............................................................................................................................... 3 B. FOC Mandated ............................................................................................................................ 3 C. FOC Enforcement Discretion ...................................................................................................... 3
1-02 Enforcement Remedies ................................................................................................ 4 A. Income Withholding.................................................................................................................... 4 B. Civil Contempt - Orders to Show Cause ..................................................................................... 5 C. License Suspensions.................................................................................................................... 8 D. Bonds and Liens .......................................................................................................................... 9 E. Interstate Enforcement .............................................................................................................. 10 F. Miscellaneous Other Enforcement Actions............................................................................... 11
2. Enforcement Related Tools ......................................................................................... 12
2-01 Figuring Arrearage Payments .................................................................................. 12
2-02 Access to Law Enforcement Information System ................................................... 12
2-03 Financial Institution and Insurance Claim Data Match (FIDM and ICDM) ...... 12
2-04 Parent Locating .......................................................................................................... 12
3-01 Surcharge .................................................................................................................... 14
3-04 Consumer Credit Reporting ..................................................................................... 14
3-05 Incarcerated Parents ................................................................................................. 15 A. Actions to Withhold from Prisoner Accounts ........................................................................... 15 B. Modification of Obligations ...................................................................................................... 15 C. Remote Appearances ................................................................................................................. 15
3-06 Actions to Set Aside Fraudulent Conveyances ........................................................ 15
3-07 Felony Non-Support................................................................................................... 15
4. Medical Support ........................................................................................................... 16
4-01 Enforcing Uninsured Medical Expenses .................................................................. 16 A. Ordinary Medical Expenses ...................................................................................................... 16 B. Extraordinary Medical Expenses .............................................................................................. 16
By: William Bartels Rev. Jan 2017 - 2 -
4-02 Enforcing Health Care Coverage ............................................................................. 16
5. Enforcement Issues and Barriers ............................................................................... 18
5-01 Documented Payments Withheld ............................................................................. 18
5-02 Retroactive Arrears Created .................................................................................... 18
5-03 Statute of Limitations ................................................................................................ 18
5-04 National Guard Exemption ....................................................................................... 19
5-05 Bankruptcy ................................................................................................................. 19 A. Actions ...................................................................................................................................... 19 B. Arrears ....................................................................................................................................... 19 C. Enforcement .............................................................................................................................. 19
5-06 Inappropriate Support Level .................................................................................... 20 A. Modify ....................................................................................................................................... 20
5-07 Repayment Plans – Discharging Arrears ................................................................ 20 A. . Orders to Discharge................................................................................................................ 20
6. External Actions ........................................................................................................... 20
Index ..................................................................................................................................... 23
1. Support Enforcement 1-01 Responsibilities
A. FOC General 1. When there is an open friend of the court case (parties have not opted out), the
FOC office must initiate enforcement when arrearage is an amount equal to support payable for one month under the support order (except for ex parte orders where the FOC office has not received a proof of service), a parent fails to maintain court ordered health insurance coverage, or someone who is legally responsible incurs uninsured medical expenses. [MCL 552.511(1)]
2. The FOC is responsible for initiating proceedings to enforce an order or judgment for support in a domestic relations case. [MCR 3.208(B)]
B. FOC Mandated 1. The FOC office must immediately serve the notice of income withholding on any
new employer determined. 2. The office must implement consumer reporting when arrearage is two or more
months of support. 3. If a payer’s whereabouts or employer is unknown, the office must attempt to
locate the payer, and take the next appropriate enforcement action. 45 CFR 303.3(b)(3)
C. FOC Enforcement Discretion 1. If arrearages are owed, the office may utilize a variety of remedies. 2. An office is not required to initiate enforcement (or start new measures) when
(one month’s support or greater) arrears are owed, a. if payment is being made in the amount required under the order (whether
withholding is effective or not), or b. if at least one support enforcement measures have been initiated and an
objection to 1 or more of those measures has not been resolved. MCL 552.511(1).
3. When a friend of the court case is otherwise eligible for title IV-D services (child support obligation ordered), but a person refuses to request the IV-D services, the FOC may refuse to provide services under the Friend of the Court Act and the Support and Parenting Time Enforcement Act, unless federal law requires the service to be provided. MCL 552.503(6). As a spousal support only case is not eligible for IV-D services, the office must enforce the order without requiring a IV-D application. See memo on enforcing support without a IV-D application.
http://courts.mi.gov/Administration/SCAO/OfficesPrograms/FOC/Documents/Me moranda/MCL552.503spousalsupport.pdf
1-02 Enforcement Remedies
A. Income Withholding 1. All support orders contain an income withholding order, which is immediately
effective. [MCL 552.604(3)] 2. The FOC office must immediately serve notice of the order on any new employer
determined. 3. State law requires that sources of income honor notice of the order received (not
only when an order is received). 4. Use of the federal income withholding notice form is mandated. 5. Source of income" means:
an employer or successor employer (any person or entity that hires and pays an individual for his or her services)
a labor organization, or another individual or entity that owes or will owe income to the payer.
(Income means commissions, earnings, salaries, wages, and other income due or to be due in the future to an individual . . ., a payment due or to be due in the future to an individual from . . ., or an amount of money that is due to an individual as a debt of . . . or another legal entity that is indebted to the individual.) [MCL 552.602]
6. Amount to Withhold The withholding notice must direct withholding of an amount sufficient to
pay support and service fees, and to defray arrearages that exist when the notice takes effect. [MCL 552.609]
The FOC must use arrearage repayment guidelines contained in the child support formula [2017 MCSF 4.02] to administratively adjust arrearage payment schedules. When making the administrative adjustment, the FOC must follow procedures to afford the payer due process. [MCL 552.517e] The requirements for affording the payer due process are found in MCL 552.607.
7. Maximum Withholding The maximum amount of net disposable earnings withheld cannot exceed 50 percent of disposable income. [MCL 552.608]
8. Duration of Withholding The court must terminate an income withholding order when the current
support ends and all arrearage owed under that FOC case is paid. [MCL 552.619(1)]
The court must also suspend or terminate the order under any of the following circumstances: 1) the location of the child and custodial parent cannot be determined by the FOC office for a period of 60 days or more, and the FOC case is closing; 2) there is no further support obligation; 3) upon a showing of good cause where the termination or suspension would not be contrary to the best interests of the child; or 4) where the parties have entered a written agreement reviewed and entered by the court. [MCL 552.619(2)]
9. Improperly Withheld Monies Statute requires that the FOC promptly refund improperly withheld monies.
MCL 552.619(6).
10. Incarcerated Parties Incarcerated parties may be ordered to remit payment through their prison
account. See section 3-05
B. Civil Contempt - Orders to Show Cause 1. A support recipient or friend of the court office may commence a civil contempt
proceeding when person ordered to pay support fails or refuses to obey and perform the order, and if an order of income withholding is inapplicable or unsuccessful. MCL 552.631
2. Role of FOC a. Petition [Note that there is a proposed change to MCR 3.208 (Administrative Matter
2016-11) needed to implement 2014 378 that changes how contempt proceedings are set (issuing similar to a subpoena).]
b. Present Information to Court c. Prepare Forms d. Improper Advocacy – Recommendations on punishment. e. Unauthorized Practice of Law
3. Failure to Appear at Hearing a. The Court may take any action authorized by MCL 552.631. The court may
issue a bench warrant, or adjourn the proceeding. The court may also apply an enforcement remedy authorized the support and parenting time enforcement act or the friend of the court act for the nonpayment of support, including
suspending the payer's licenses, placing them under the supervision of the friend of the court office, etc..
b. Bench Warrant If the payer fails to appear at the hearing, a bench warrant may be issued and a
bond amount set. The bond amount may not exceed the amount of the support arrearage plus costs related to the bench warrant, but must be at least $500 or 25 percent of the support arrearage, whichever is higher. [MCL 552.631(3)]
The payer must be allowed to post bond if a hearing will not be held within 48 hours of arrest. [MCL 552.632]
The receipt for bond must be in a specified form. [MCL 552.632] If the payer is unable to post bond, a hearing must be held within 48 hours of
the arrest. [SCAO Memorandum 2004-01 on MCR 3.211 Implementation] http://www.courts.mi.gov/Administration/SCAO/Resources/Documents /Administrative-Memoranda/2004-01.pdf
The court must order costs related to the hearing, issuance of the warrant, arrest, and further hearings. [MCL 552.631(2)]
Note: In a divorce or separate maintenance proceeding, a party may also move for immediate arrest of a delinquent payer to have him or her immediately brought before the court to answer for the neglect to pay. [MCL 552.152.]
c. Booting Vehicles The court may order that a law enforcement agency render any vehicle owned
by the payer temporarily inoperable, by booting or another similar method, subject to release on deposit of an appropriate bond. [MCL 552.631(1)(g)]
4. Determinations - Basis a. Failure to pay out of current resources - If the court determines that a payer
has currently available resources to pay all or part of amount due, the payer is presumed to have resources of four weeks of support. [MCL 552.633(1)] The court may commit the payer to jail until payment is made. Additionally, the court may grant work release.
b. Failure to exercise diligence - If the court determines that with exercise of diligence the payer could pay all or part of amount due; the court may commit the payer to jail with work release. The payer must be released if the payer has completed two consecutive weeks of employment and an income withholding is effective. [MCL 552.633(1)]
c. Failure to participate and find source of income –If the court determines that the payer has failed to obtain a source of income and has failed to participate in a work activity after referral by the friend of the court. [MCL 552.633(1)]
d. Sword v Sword 399 Mich. 367(1976) Lines of inquiry of defendant of different circumstances will suggest other questions, but the sum total should reveal why the order of the court was not obeyed.
1. Employment history, including reasons for any termination of employment. 2. Education and skills. 3. Work opportunities available. 4. Diligence employed in trying to find work. 5. Defendant's personal history, including present marital status and present
means of support. 6. Assets, real and personal, and any transfer of assets to another. 7. Efforts made to modify the decree if it is considered excessive under the
circumstances. 8. Health and physical ability to obtain gainful employment. 9. Availability for work (exact periods of any hospitalization, jail time,
imprisonment). E.g., Mr. Sword had been in a hospital at one time, in jail another time and in prison twice. When and for how long?
10. Location(s) of defendant since decree and reason(s) for move(s), if there has been any change of address.
If the judge concludes from the testimony of defendant and others that defendant has 'sufficient ability to comply with' the order or 'by the exercise of due diligence could be of sufficient ability, and has neglected or refused' to comply, defendant may be found in contempt of court.
5. Sanctions a. Commitment to Jail [MCL 552.637] The court may commit a payer to jail only if other remedies are unlikely to
cure the failure or refusal to pay support. The order must state the amount of arrearage and the amount needed for release. Commitment may not exceed 45 days for the first contempt and 90 days for subsequent contempt. [MCL 552.637(4)] The court may also authorize daily release for employment.
If the court will be considering commitment to jail, it must advise the payer of his or her right to an attorney. If the payer cannot afford to hire an attorney, the court must appoint an attorney on the payer's behalf. See Mead v Bachlor, 435 Mich 480; 460 NW 2d 493 (1990).
See US Supreme Court Case, Turner v Rogers, 564 US ____ (2011). In order to not appoint counsel in civil proceedings, the court must assure that other procedural safeguards are in place.
b. License Suspension The court may order the conditional suspension of a payer’s occupational,
driver's, recreational, or sporting license, suspended upon noncompliance with an order for payment of the arrearage.
c. Supervision By FOC Office Place the payer under the supervision of the office for a term fixed by the
court with reasonable conditions like: participating in a parenting program, in drug or alcohol counseling, other counseling, in a work program, seeking employment, continued compliance with a support or parenting time order, or entering into and compliance with an arrearage repayment plan. .
d. Work Activity The court may order the payer to participate in a work activity or seek
employment.
e. Community Corrections The court can order the payer to participate in a community corrections
program.
f. Fines and Costs Except as provided by federal law and regulations, the court may order the
parent to pay a fine of not more than $100.00. A fine ordered under this subdivision shall be deposited in the friend of the court fund. [MCL 600.2530]
Once a warrant is issued, if that party appears or is brought before the court, unless good cause is shown on the record, the court must order the party to pay the costs related to the hearing, issuance of the warrant, arrest (including transportation), and further hearings. Costs ordered for failure to appear must be deposited in the friend of the court fund [MCL 600.2530; MCL 552.631(3)]
C. License Suspensions 1. A FOC office may petition to suspend a payer's occupational, recreational or
sporting license, or initiate administrative suspension of a driver’s license if (a) the payer has an arrearage greater than the amount of periodic support due for two months, (b) the payer holds a license (or is required to hold one), and (c) an withholding is inapplicable or has been unsuccessful in assuring regular payments. [MCL 552.628(1)] See SCAO ADM 1999-09
2. A petition to suspend an occupational or recreational license, or notification of suspension of license, may not be filed unless the payer has been sent a notice stating the arrearage, and that a suspension order will be entered and sent to the licensing agency unless the payer responds by paying the full arrearage or requesting a hearing within 21 days. [MCL 552.628(2)] If a hearing is requested,
entry of the suspension order must be delayed pending outcome of the hearing. [MCL 552.629(1)]
3. If, pursuant to an order to show cause, the court finds the payer in contempt, the court may suspend the payer's license conditioned on payments in accordance with an ordered schedule. [MCL 552.633(1)]
4. SOS Forms and instructions See Mi-Support – search term “DSI”
D. Bonds and Liens 1. Bonds
The FOC office may petition for a bond to secure payment of support that is past due or due in the future. [MCL 552.625] Compare 45 CFR 303.103(a) and .104(a) which suggest that lien or bond must be petitioned for.
For more information, see FOCB FAQ 2007-01 Use of Cash Bonds to Secure Support, available at: http://www.courts.mi.gov/Administration/SCAO/OfficesPrograms/FOC /Documents/FAQs/FAQ2007-01.pdf
2. Liens Liens in the amount of past due support arise by operation of law against the
real and personal property of support payers. [MCL 552.625a & MCL 552.27] See SCAO Administrative Memorandum 2000-11, available at: http://courts.michigan.gov/scao/resources/other/scaoadm/2000/2000- 11.pdf
The FOC office may perfect a lien when the payer has an arrearage, which exceeds the amount of periodic support payments payable for two months under the support order. The FOC must notify the payer and support recipient when a lien has been perfected. [MCL 552.625b(1),(7)] Notice of Lien http://www.courts.mi.gov/Administration/SCAO/Forms/courtforms /domesticrelations/administrativeliens/foc90.pdf which is sent with Notice of Perfection of Lien http://www.courts.mi.gov/Administration/SCAO/Forms/courtforms/domesticrelat ions/administrativeliens/foc91.pdf, If within 21 days of the notice of perfection the payer fails to request a review, or at the time of the review fails to appear or to establish a mistake of fact, the FOC may levy on the property to convert it to child support. [MCL 552.625b(10)] Notice of Intent to Levy http://www.courts.mi.gov/Administration/SCAO/Forms/courtforms /domesticrelations/administrativeliens/foc93.pdf Every FOC has entered an agreement with OCS to have notices sent out by a
central enforcement unit to financial institutions and insurers (for monies
paid as a result of a claim or suit for negligence, injury, or death, or for worker’s compensation, based on FIDM or ICDM information.
As SCAO lien policy discusses about untitled tangible personal property to consider using other forms of execution (garnishment, or using a sheriff or court officer). Following lien notice and notice of perfection, the FOC requests "Request and Order to Seize Property"(MC 19) [formerly known as writ of execution] http://www.courts.mi.gov/Administration/SCAO/Forms /courtforms/generalcivil/mc19.pdf The sheriff or court officer seizes any personal property that they can find and liquidates it. The fees are deducted from the sale - no cost to FOC. Certain property is exempt from levy and sale. http://legislature.mi.gov/doc.aspx?mcl-600-6023
E. Interstate Enforcement When enforcement action on an interstate case is required, numerous actions must be completed within 10 days. [45 CFR 303.7] 1. Full Faith and Credit of Child Support Orders Act (FFCCSOA) [28 USC
1738B] This is a federal law that restricts when other states may enter a support order and restricts when other states may modify an order.
2. Uniform Interstate Family Support Act (UIFSA) See 552.2101, et seq. It has been enacted in the same basic form in all 50 states (as required by PRWORA).
3. UIFSA provides for registration of orders for enforcement. [MCL 552.2601] It also allows registration for modification. Registration for modification must occur in the state of the party not seeking the modification. [ MCL 552.2635]
One order at a time: Only one state has jurisdiction to decide the amount of child support, eliminating the possibility of multiple orders as occurred under URESA. To achieve this goal, UIFSA specifies criteria for determining which order is the controlling order and which state has continuing exclusive jurisdiction (CEJ) for determining modifications of the support amount. [See MCL 552.2231].
4. Revised Uniform Reciprocal Enforcement of Support Act (RURESA) RURESA was not repealed by the legislature when enacting UIFSA. Although no case has addressed the relationship of the two acts, it appears that RURESA cases are converted to or treated as UIFSA actions when procedures to modify or enforce support are instituted.
5. Interstate Income Withholding a. UIFSA allows income-withholding orders to be sent directly to an employer
in another state.
b. If an employer fails to comply with an income withholding order sent directly to it, UIFSA provides for registration of the income withholding order in the other state. [MCL 552.2502(1)]
F. Miscellaneous Other Enforcement Actions The circuit court may take other enforcement actions, including, but not limited to,
those stated in MCL 552.627. As a part of the circuit court, the FOC may have other enforcement remedies available through this statute.
2. Enforcement Related Tools 2-01 Figuring Arrearage Payments
Whenever the FOC sets or changes a periodic repayment amount that was not ordered by the court (i.e., administratively), the office must use the statewide formula’s guideline or follow the guideline’s rules for deviation. When making an administrative adjustment to the amount a parent pays, the FOC must afford the payer due process. [MCL 552.517e]
2017 MCSF 4.02 (Arrearage Guideline) contains the applicable requirements for figuring and adjusting periodic payment amounts to repay overdue support.
2-02 Access to Law Enforcement Information System LEIN policy council must promulgate rules that ensure FOC access to information
needed by FOCs for enforcement of child support, including motor vehicle registration information. [MCL 28.214; MCL 257.221]
Through Sheriff Department or other designated local agency – LEIN Terminals being removed from FOC offices.
2-03 Financial Institution and Insurance Claim Data Match (FIDM and ICDM) 1. OCS is required to enter agreements with financial institutions to collect the
name, address, social security number, and account numbers for each parent who maintains an account at the financial institution and owes a threshold amount of past due support (greater than two times monthly obligation in support arrearage). [MCL 400.234a]
2. Monies in financial institution accounts and amounts are subject to lien and levy. [MCL 552.625a-i]
2-04 Parent Locating 1. Within 75 days of determining that location is necessary, access all appropriate
location sources. [45 CFR 303.3(b)(3)] Repeat location attempts quarterly or immediately upon receipt of new information which may aid in location. [45 CFR 303.3(b)(5)]
2. Resources a. State Data DHS – IV-D Data Warehouse information available through MI-Support
Business Objects, includes many state resources like SOS and Treasury, and can retrieve information from federal parent locator service (IRS, SVES, etc.) Can also send requests for quick locate to other states.
Judicial Data Warehouse - https://nsa.courts.michigan.gov/ depending on security clearance can access data from all courts, and child welfare services court improvement data.
LEIN (Law Enforcement Information Network) – LEIN may be used to locate a parent for child support purposes. Can be used to find license and property information in MI and nationally. Criminal history checks are not allowed to locate someone. Offices receive reports from their sheriff's department or another designated local agency that provides the office’s indirect access
b. Free internet resources – Listings can be found on MI-Support, Facebook, white pages, google, etc.
c. Purchased Services ChoicePoint – AutoTrackXP (Purchased by LexisNexis)
http://www.lexisnexis.com/risk/government-law-enforcement.aspx Accurint -- www.accurint.com Intelius PeopleFinders Credit Reports – because of the federal restrictions on permitted use of
information from a credit reports, use extreme caution when handling information from a credit report. Some case law suggests that use within the child support enforcement context may not be permitted.
3. Other Remedies and Collection Activity 3-01 Surcharge
If a court finds that a payer willfully failed to pay, the court may semiannually add a variable surcharge to support arrearage on Jan 1 and July 1. Surcharge is not assessed if the payer has paid at least 90% of the most recent semiannual obligation. See SCAO Memorandum 2010-09
Once assessed, surcharge is statutorily defined as support. It must be handled in the same manner as ordered support
The court can abate or waive surcharge pursuant to MCL 552.603a.
3-02 Tax Offsets 1. If a case has not been designated by OCS for offset proceedings, and the arrearage
on the case meets state or federal requirements, the FOC office may request that OCS initiate offset proceedings against a payer's qualifying federal and state tax refunds. [MCL 552.624; MCL 400.233a, and 45 CFR 303.6(c)(3); OCS Action Transmittal 2006-034]
2. To offset federal tax refunds arrearage must be 1) $150 for ADC and owed for three months or more, or 2) $500 for Non-ADC and have custodial parent's current address. [45 CFR 303.72]
3. State tax refunds are regulated by 45 CFR 303.102.
3-03 Passport Denial 1. Done under federal law as part of the tax offset program. 2. See Mi Support – search passport
3-04 Consumer Credit Reporting 1. The FOC office must report to a consumer-reporting agency the arrearage amount
for each payer with a support arrearage of two or more months. [MCL 552.512(1)] See SCAO Memorandum 2009-04
http://www.courts.mi.gov/Administration/SCAO/Resources /Documents/Administrative-Memoranda/2009-04.pdf
2. The FOC office may also make support information available to a consumer- reporting agency if requested by the support payer. [MCL 552.512(1)]
3. Before reporting an arrearage, the FOC office must provide notice of the proposed action and an opportunity to object on the basis of mistake of fact. [MCL 552.512 (2) & (3)]
3-05 Incarcerated Parents
A. Actions to Withhold from Prisoner Accounts .See SCAO Memorandum 2006-05
http://www.courts.mi.gov/Administration/SCAO/Resources /Documents/Administrative-Memoranda/2006-05.pdf
and FAQ 2007-02
B. Modification of Obligations MCL 552.517 - FOC offices are required to conduct a support review upon
notification of incarceration for a year or more or upon release. Form FOC 118 to collect information from prisoners
C. Remote Appearances MCR 2.004 permits, in domestic relations actions, incarcerated parties to participate telephonically. MCR 3.210 and 3.215 permits, in domestic relations actions, testimony to be taken electronically in extraordinary circumstances.
3-06 Actions to Set Aside 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 IV-D agency can initiate proceedings to have the transfer set aside as provided in the fraudulent conveyance act [MCL 566.11 to 566.23] or obtain a settlement for repayment that is in the best interest of the recipient of support. [MCL 552.624a] Ethical and separation-of-powers considerations may make only the efforts to obtain a settlement appropriate as an FOC activity.
3-07 Felony Non-Support 1. Michigan law provides that it is a felony to do either of the following: 1) violate a
support order [MCL 750.165]; 2) fail to support family while having the resources to do so [MCL 750.161].
2. Federal law provides that it is a crime if the following occurs: (1) a payer having the ability to pay, (2) willfully fails to pay child support, (3) a known arrearage exists, (4) the arrearage has remained unpaid for longer than one year or is greater than $5000, and the child resides in a different state from the payer. [18 USC 228]
3. Federal law – UFAP – Extradition. Prosecutors will be familiar with federal assistance with extradition.
4. Permissible FOC involvement relative to criminal prosecutions is outlined in SCAO Administrative Memorandum 2008-03, available at:
http://www.courts.mi.gov/Administration/SCAO/Resources/Documents /Administrative-Memoranda/2008-03.pdf
Uninsured medical expenses are paid as ordinary and extraordinary. SCAO Administrative Memorandum 2011-01 contains the Medical Policy for Friends of the Court. http://www.courts.mi.gov/Administration/SCAO/Resources /Documents/Administrative-Memoranda/2011-01.pdf
A. Ordinary Medical Expenses 1. Ordinary medical expenses are paid and enforced as part of the monthly support
obligations.
B. Extraordinary Medical Expenses 1. Extraordinary expenses (those in excess of ordinary) are paid by a party and
enforced by the office. Many of the same laws for investigation and enforcement outlined above apply to medical support.
2. Under MCL 552.511(c), the FOC should initiate enforcement measures when a person legally responsible for the child incurs an uninsured health care expense and submits a written complaint that meets Section 11a requirements.
4-02 Enforcing Health Care Coverage 1. When a parent fails to obtain or maintain court-ordered health care coverage for a
child, the office must initiate enforcement under the support and parenting time enforcement act [MCL 552.511(b)]: Within 60 days following entry of an order requiring health care coverage. When it conducts a support review is conducted. Concurrent with enforcement it initiates for nonpayment of support. Upon receipt of a written complaint from a party or the department if the
child for whose benefit health care coverage is ordered is a recipient of public assistance or medical assistance.
2. If a parent fails to obtain court-ordered health care coverage, the office must either petition for an order to show cause or send a notice of noncompliance to the parent. The notice must contain statutory information, including that the employer and plan will be notified to enroll if within 14 days after the mailing of the notice the parent fails to provide written proof of enrollment in a plan or requests a hearing
to determine the availability or reasonable cost of health care coverage. [MCL 552.626]
3. An order for dependent health care coverage applies to current and subsequent employers and periods of employment. [MCL 552.626]
5. Enforcement Issues and Barriers 5-01 Documented Payments Withheld
The friend of the court shall not consider a payer to have an arrearage if the payer produces documentary evidence that money has been withheld from the payer's income in an amount equal to or greater than the amount required under the payer's support order. This documentation includes pay stubs, wage statements, or other written income information produced by the payer's employer. [MCL 552.607a]
5-02 Retroactive Arrears Created The friend of the court shall not consider a payer to have an arrearage for the purpose
of initiating enforcement when an arrearage is created because an order retroactively sets support relating to a filing date unless the payer fails to become current within two months after entry of the order that creates the amount. [MCL 552.511(2)]
5-03 Statute of Limitations 1. For an action under the Support and Parenting Time Enforcement Act, the statute
of limitations is ten years from the date that the last support payment is due under the support order whether or not the payment was made. [MCL 600.5809(4)]
2. Any payments on a child support debt, whether before or after the running of the period of limitations, acts to extend the limitations period. [Wayne County Social Services Director v Yates, 261 Mich App 152 (2004)]
3. MCL 600.5809(1) bars bringing or maintaining an action to enforce unless the period has NOT run.
4. Statute of Limitations is an affirmative defense and must be raised after the limitation period (or renewed period) has run. It does not contain any requirement that the debtor/defendant raise it.
5. In a 1994 case, the Michigan Court of Appeals said that generally the burden rests on a defendant to establish all the facts necessary to show that a limitations period has expired, but when it appears that action is prima facie barred, the burden shifts to the plaintiff to show facts taking the cause of action outside the application of the limitations period. [Warren Consolidated Schools v WR Grace & Co, 205 Mich App 580; 518 NW2d 508 (1994)] If on its face, it appears that ten years have passed since the last support payment was due, the person (friend of the court or party) bringing the enforcement action has to show that the period was extended or tolled.
6. When acting as a responding state in an action to register another state’s order, in “a proceeding for arrearages, the longer of the statutes of limitations of this [registration forum] or the issuing state applies.”
5-04 National Guard Exemption Under the Michigan Military Act, Army National Guard and Air National Guard
officers and enlisted personnel on active service1 are privileged from arrest and imprisonment during the time of active service and for a period of 6 months after the service ceases, and their property is exempt from levy of execution, seizure, or attachment for debts contracted prior to or during the service. [MCL 32.517]
5-05 Bankruptcy
A. Actions 1. .Many noncustodial parents seek relief from their financial obligations by filing
Federal Court actions under Bankruptcy Code. Chapter 7 actions seek the relief by discharging from all dischargeable debts. Chapter 13 actions are for an adjustment of debts of an individual with regular income. See Essentials for Attorneys In Child Support Enforcement -Chapter 10 http://www.acf.hhs.gov/programs/cse/pubs/2002/reports/essentials/c10.html See Federal Courts – Bankruptcy Basics http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics.aspx
2. Changes in bankruptcy law have affected support enforcement and provided with challenges and a changing environment. [
B. Arrears 1. Generally, a bankruptcy does not discharge support arrears. Support is a
nondischargable debt. [11 U.S.C. § 523(a)] 2. The FOC should not file a proof of claim or a responsive pleading in the
bankruptcy action.
C. Enforcement 1. If support arrears are paid within a Chapter 13 plan, no additional action should
be taken to enforce those arrears. It could be considered a violation of a federal order.
2. Current support accruing after the action is filed may be enforced.
1 Active service means service, including active state service and special duty required by law, regulation, or pursuant to order of the governor. Active service includes continuing service of an active member of the national guard and the defense force in fulfilling that active member's commission, appointment, or enlistment.
5-06 Inappropriate Support Level
A. Modify 1. Modify following MCL 552.517 2. Due Process. Providing notice and opportunity to be heard to both parties.
Cannot change the current support order as part of a show cause or other enforcement proceeding.
5-07 Repayment Plans – Discharging Arrears
A. . Orders to Discharge [MCL 552.605e] SCAO Administrative Memorandum 2010-06
6. External Actions 6-01 Enforcement of Employer/Source of Income Responsibilities
A. Requirements for Income Withholding 1. "Source of income" means:
an employer or successor employer (any person or entity that hires and pays an individual for his or her services)
a labor organization, or another individual or entity that owes or will owe income to the payer.
(Income means commissions, earnings, salaries, wages, and other income due or to be due in the future to an individual . . ., a payment due or to be due in the future to an individual from . . ., or an amount of money that is due to an individual as a debt of . . . or another legal entity that is indebted to the individual.) [MCL 552.602]
2. The source of income must implement the income withholding order within seven days of service of the notice of the order by ordinary mail. [MCL 552.611)]
3. The source of income must pay withheld money to MiSDU within three days after the withholding. [MCL 552.609)]
4. The income withholding order 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)]
5. If there is more than one support income withholding order against a payer, the source of income must comply with each order to the extent allowed under the Consumer Credit Protection Act. [MCL 552.611a]
If the total of current support exceeds the limit, the source of income must allocate to each order an amount equal to the amount designated as current support divided by the total current support, times the amount available for income withholding. [MCL 552.611a(1)(a)]
If the total of current support does not exceed the limit, the source of income must pay current support and allocate the amounts towards past due support in a manner similar to that described for insufficient income to pay current support. [MCL 552.611a(1)(b)]
If the total of current support and past due support does not exceed the limit, the employer must allocate income remaining within the limit to the parent’s portion of health care coverage premiums. [MCL 552.611a(1)(c)]
6. The source of income must identify each withholding by payer name and social security number, case number, amount withheld, and the date on which support was withheld. [MCL 552.611a(3)] Payments from multiple payers may be combined into one payment as long as the identifying information is provided. [MCL 552.611a(4)]
7. The source of income must notify the FOC office if income is terminated. [MCL 552.614] If the source of income is an employer, the source of income must notify the FOC office when employment is interrupted for a period of 14 or more consecutive days; if a new source of income is known, the source of income must provide that information. [MCL 552.614]
8. The FOC office must send notice of any modification to the income withholding order; the source of income must modify the amount withheld within seven days of receipt of the notice. [MCL 552.617]
B. Income Withholding Liability 1. The source of income 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 source of income in contempt if it fails to comply with the order. [MCL 552.613]
2. The source of income 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 fine of up to $500 and full restitution, including reinstatement and back pay. [MCL 552.623] The Wage & Hour Division of the Consumer & Industry Services Agency will sometimes enforce this statute upon request of the employee.
C. Fee for Withholding 1. In March 2013, a Michigan employer may charge a fee to cover the cost of
withholding support payments. The maximum may be either $2 or $4 per month, depending on whether payment made electronically or by check. [MCL 552.623(3)].
The friend of the court has no authority to communicate with an employer in this regard and cannot require the employer to repay any improper withholding fee.
2. State law in an employee’s primary state of employment (not the state that issued the order) controls the fees that may be charged for withholding.
D. Disclosing Information to FOC 1. Upon request of the FOC office, employer must provide the following
information of the parent (whether an hired as employee or an independent contractor): a) full name and address; b) social security number; c) date of birth; d) wages earned; e) current employment status; f) dependant health care coverage available as a benefit of employment. [MCL 552.518(1)]
2. The information obtained is confidential except for child support matters. [MCL 552.518(3)] However, a copy of the information received may be released to the parent upon request. [MCL 552.518(6)]
3. The source of income does not have to provide information concerning a person who was employed more than three years before the date of the request. [MCL 552.518(4)]
4. The source of income does not have to create or maintain records in order to comply with requests for employment information. [MCL 552.518(4)]
5. Employers or former employers must supply (pursuant to an administrative subpoena) any current employment information that is in the possession of the employer that pertains to the parent and is needed to establish, modify, or enforce a support order. [MCL 552.518(2)]
Index A
Created Retroactive ..................................................... 18 Withheld Payments Documented ............................... 18
B Bankruptcy ........................................................................ 19 Bench Warrant .................................................................... 6
Bond .............................................................................. 6 Booting Vehicles ............................................................ 6
Bonds .................................................................................. 9 Booting Vehicles ................................................................. 6
C Consumer Credit Reporting .............................................. 14 Contempt Proceedings ....................................................... 5 Criminal Enforcement ....................................................... 15
D Discharge Arrears.............................................................. 20
E Employer
Fee for Withholding ..................................................... 22 Liability for Withholding .............................................. 21 Responsibilities ............................................................ 22
Enforcement Consumer Credit Reporting ......................................... 14 Contempt Proceedings .................................................. 5 Criminal ....................................................................... 15 FOC Duty ........................................................................ 3 License Suspension ........................................................ 8 Nat'l Guard Enforcment Exemption ............................ 19 Show Cause ................................................................... 5 Statute of Limitations .................................................. 18 Uninsured Medical Expenses ....................................... 16
Enforcement - Health Care Coverage ............................... 16
F Failure to Appear ................................................................ 6 Felony Non-support .......................................................... 15 FFCCSOA ........................................................................... 10 FIDM ........................... See Financial Institution Data Match Financial Institution Data Match ....................................... 12 FOC Responsibility .............................................................. 3 Fraudulent Conveyance .................................................... 15
H Health Care ................................... Also see Medical Support
I ICDM..................................See Insurance Claim Data Match Inappropriate Support ...................................................... 20 Incapacitating Vehicles ....................................................... 6 Incarcerated Parties ........................................................... 5 Income Withholding ........................................................... 4
Employer Charging Fees .............................................. 22 Employer Liability ........................................................ 21 Interstate .................................................................... 10
Insurance Claim Data Match ............................................ 12 Interstate
Income Withholding.................................................... 10 Interstate Enforcement .................................................... 10
L LEIN
Law Enforcement Information Network ............... 12, 13 License Suspension ............................................................. 8 Liens ................................................................................... 9
M Medical Support ............................................................... 16
Military ............................................................................. 19 Nat'l Guard Enforcment Exemption ............................ 19
P Parent Locate ................................................................... 12 Passport Denial ................................................................ 14 Prisoners........................................................................... 15
R Retroactive Arrears .......................................................... 18 Right to Attorney ................................................................ 7 RURESA ............................................................................. 10
S Show Cause ........................................................................ 5
Source of Income Requirements ...................................... 20 Statute of Limitations ....................................................... 18
Support Arrearage Payment ...................................................... 12
URESA ............................................................................... 10
W Withholding
Amount Permitted ........................................................ 4 Duration ........................................................................ 5 Maximum ...................................................................... 4 Requirements for Source of Income ........................... 20
Page 1 of 5 10/4/15
Contempt Actions for Child Support Nonpayment
In Michigan, three types of contempt proceedings are available for failure to pay support: civil and criminal
contempt under the Revised Judicature Act (MCL 600.1701 and 1715), and civil contempt under the Support
and Parenting Time Enforcement Act (MCL 552.633). The Support and Parenting Time Enforcement Act was
amended in 2014 effective March 17, 2015. The following tables summarize the procedures as amended;
differences between the statutes are separated by column, while common requirements are merged.
Contempt under the Revised Judicature Act (MCL 600.1701 et. Seq.) Criminal Contempt Civil Contempt
Grounds Parties to actions, attorneys, counselors, and all other persons may be in contempt if they disobey or refuse to comply
with any order of the court for the payment of temporary or permanent alimony or support money or costs made in
any action for divorce or separate maintenance. [MCL 600.1701(f).] See also MCL 600.1701(g) for disobeying
orders in general.
Procedure The contempt must be proved by affidavit or some other means and the defendant must have an opportunity to
defend. [MCL 600.1711(2).] The motion to hold a person in contempt may be ex-parte if it is supported by an
affidavit. [MCR 3.606(A).] The court may either order the accused to show cause why the accused should not be
punished for contempt or issue a bench warrant for the accused’s arrest. [MCR 3.606(A).] The order likely must be
served personally unless MCR 3.208 is considered to apply to all contempt proceedings.
Necessary
Findings
under all the circumstances of the case, the
contemnor has the present ability to comply with
the order and has failed to do so.
The court must find by some standard less than beyond a
reasonable doubt (likely clear and convincing evidence) that,
under all the circumstances of the case, the contemnor has the
present ability to comply with the order and has failed to do
so.
Remedies
(Common)
The court may fine the criminal contemnor not more than $7,500 or imprison the person for up to 93 days or both.
[MCL 600.1715.]
probation.
Limitations A payer who is found in contempt for failing to pay support must be released when the payer pays the support or no
longer has the ability to do so, notwithstanding that the payer has not served the full sentence.
Contempt under the Support and Parenting time Enforcement Act Grounds The payer is in arrears and either
o The payer has capacity to pay out of currently available resources all or some portion of the amount due under the
support order (Available Resources).
o The court is satisfied that by the exercise of diligence the payer could have the capacity to pay all or some portion
of the amount due under the order and that the payer fails or refuses to do so (Due Diligence).
o The payer has failed to obtain a source of income and has failed to participate in a work activity after referral by
the friend of the court (Work Activity). Procedure o The friend of the court (or recipient) must petition for an order to show cause. [MCL 552.631.]
o The order must be served personally or by ordinary mail to the last address provided to the friend of the court in
writing.
o The hearing may be held no sooner than 7 days after personal service or 9 days after service by mailing. Necessary
Findings
(Common)
o The court must find that the payer is in arrears.
Necessary
Findings
(Different)
o The court must find that the payer has currently available resources. The court may presume in the absence of
evidence to the contrary that the payer has currently available resources equal to one month of current support
(Available Resources)
o The court must find that the payer has failed to exercise options that would put the payer into a position to pay the
support order (Due Diligence).
o The payer has failed to obtain employment and has failed to participate in a work activity after referral by the
friend of the court (Work Activity).
Page 2 of 5 10/4/15
Remedies Upon finding a payer in contempt of court under this section, the court may immediately enter an order that does 1 or
more of the following:
o Commit the payer to the county jail or an alternative to jail.
o Commit the payer to the county jail or an alternative to jail with the privilege of leaving the jail or other place of
detention during the hours the court determines, and under the supervision the court considers, necessary for the
purpose of allowing the payer to exercise conditions the court imposes under section 37 for due diligence or work
activity contempt.
o Commit the payer to a penal or correctional facility in this state that is not operated by the state department of
corrections.
o Apply any other enforcement action available under the Friend of the Court Act or the Support and Parenting
Time Enforcement Act (e.g., License Suspension, Credit Reporting, Liens, Bonds for future support, etc.) if the
payer satisfies the conditions for imposing that remedy and the evidence supports using it.
o Order the payer to participate in a work activity.
o If available within the court's jurisdiction, order the payer to participate in a community corrections program
established as provided in the community corrections act, (MCL 791.401 to 791.414).
o Order the parent to pay a fine of not more than $100.00
o Place the payer under the supervision of the FOC for a term fixed by the court with reasonable conditions,
including but not limited to one or more of the following:
Participating in a parenting program.
Participating in drug or alcohol counseling.
Participating in a work program.
Seeking employment.
Continuing compliance with a current support or parenting time order.
Entering into and compliance with an arrearage payment plan.
Limitations
(Common)
o An order of commitment may be entered “only if other remedies appear unlikely to correct the payer’s failure or
refusal to pay support.” [MCL 552.637(1).]
o An order of commitment for failure to pay out of Available Resources must state the amount the payer must pay
in order to be released from the order of commitment, which cannot be more than the payer's currently available
resources as found by the court. [552.637(2).]
o An order of commitment for failure to attend a Work Activity or failure to exercise Due Diligence must state the
conditions the payer must satisfy in order to be released from the order of commitment, which cannot be beyond
the payer's ability to perform. [552.637(3).]
o A payer who is found in contempt and committed must be released when the payer pays the support, satisfies the
requirements of the order of commitment, or no longer has the ability to comply with the requirements of the
order of commitment, notwithstanding that the payer has not served the full sentence. If the court enters an order
for conditional license suspension and the payer fails to comply with the arrearage payment schedule the court
must afford notice and opportunity for a hearing before suspending the license.
o The order of commitment must continue until the contemnor complies with the terms of the order of commitment
but no longer than 45 days for the first adjudication of contempt or 90 days for a subsequent adjudication of
contempt.
o The court may release a payer who is unemployed if committed to a county jail who finds employment if either of
the following applies:
The payer is self-employed, completes 2 consecutive weeks at his or her employment, and makes a support
payment as required by the court.
The payer is employed and completes 2 consecutive weeks at his or her employment and an order of income
withholding is effective.
Delayed Conditional Commitment Order
Sometimes the court will enter a delayed conditional commitment order. The order will give the payer time to
comply with the order by raising money or securing employment. There is no reason to give the payer time to
pay if the payer is in contempt under MCL 600.1715 that statutes requires that the payer have currently
available resources to pay support. The 2014 amendments provide authority for the court to enter a conditional
commitment order that gives the payer an opportunity to avoid commitment by taking action prospectively
when the payer cannot satisfy his or her entire obligation:
Page 3 of 5 10/4/15
If the court finds that the payer is in contempt for failing to pay out of Available Resources and the court
additionally finds that the payer, by performing conditions set forth in the order of commitment will have the
ability to pay specific amounts. Upon making this finding, the court must establish a specific amount for the
payer to pay and do any of the following:
Stay the order of commitment conditioned upon the payer's making the specified payments.
Stay the order of commitment and order that upon the payer’s default in making a specified payment, the
payer shall be brought before the court for further proceedings in connection with the contempt
proceedings that may include committing the payer for the number of days that the payer would have
been committed had the court not stayed the order.
Give credit toward the payer's potential maximum commitment for each specified payment made in
compliance with the order of commitment.
If the court enters a commitment order based on the payer’s failure to exercise Due Diligence or to participate in
a Work Project, the court may do any of the following:
Stay the order of commitment conditioned upon the payer's complying with the conditions set forth in
the order of commitment.
Stay the order of commitment and order that upon default of the payer to satisfy a condition of the order,
the payer shall be brought before the court for further proceedings in connection with the contempt
proceedings that may include committing the payer for the number of days the payer would have been
committed had the order not been stayed.
Give credit toward the payer's potential maximum commitment for complying with conditions in the
order.
Incarcerate the payer with the privilege of leaving jail to comply with conditions in the order of
commitment.
Delayed commitment orders could deprive a person of due process when the payer’s circumstances change
between the time the conditional sentence is imposed and when it is served. Allowing a payer time to go to a
bank to make a payment the same day is different than having a payer earn that payment within 30 days. The
court may only incarcerate a payer after a delayed commitment order if the court finds that the payer has the
ability to purge his or her contempt.
The court may incarcerate a payer who fails to satisfy the court’s conditions to improve the payer’s ability to
pay, but only under such terms and conditions that allow the payer to satisfy the earlier order and be released.
The court in In re: Moroun, 295 Mich App 312 (2012) stated the court’s obligation as follows:
Because the purpose of civil contempt is to enforce compliance with an order, rather than to punish
for disobedience, the contemnor may not be incarcerated beyond the time that he or she is able to
comply with the court’s order. People v Kearns, 38 Mich App 561, 563; 196 NW2d 805 (1972),
quoting Spalter v Wayne Circuit Judge, 35 Mich App 156, 161; 192 NW2d 347 (1971). “Civil
contempt seeks to coerce compliance, to coerce [the contemnor] to do what he is able to do but
refuses to do.” … In other words, the contemnor “carries the keys to his prison in his own pocket.”
Id. In Bagwell, 512 US at 828, the Supreme Court further explained:
The paradigmatic coercive, civil contempt sanction . . . involves confining a contemnor
indefinitely until he complies with an affirmative command such as an order to pay
alimony, or to surrender property ordered to be turned over to a receiver, or to make a
conveyance. Imprisonment for a fixed term similarly is coercive when the contemnor is
given the option of earlier release if he complies. In these circumstances, the contemnor is
Page 4 of 5 10/4/15
able to purge the contempt and obtain his release by committing an affirmative act, and
thus, carries the keys of his prison in his own pocket.
Bench Warrants for Failure to Comply The 2014 amendments allow the court to have the payer brought before the court to answer to a failure to
comply with a conditional commitment order but they require a hearing before the court can impose the jail
sentence contained in the commitment order. The court can ensure due process in issuing a conditional
commitment order by:
Before requiring the payer to serve a jail sentence, determine whether the payer has complied,
substantially complied, or failed to comply despite having the ability to do so.
Allowing the payer to request a hearing if the payer feels s/he can no longer comply with the order.
Fashioning remedies within the payer’s power to perform.
Before the 2014 amendments, some courts issued a bench warrant for the payer’s arrest and incarceration when
the payer did not comply with a delayed conditional commitment order.
These former types of orders increase the risk that the payer’s due process rights will be violated because the
payer is deprived of liberty pending a hearing and without proof that he or she still has the ability to comply
with the order. Therefore, to protect the payer’s right to due process, it is best to only follow the procedure in
the new statute when issuing a conditional commitment order. Notwithstanding the type of order a court issues,
if a payer fails to obey an order and a bench warrant is issued, once the payer is arrested, the next step should
not be incarceration, but rather a hearing to determine whether the payer has willfully failed to comply with
both the child support order and the contempt order. 1
Right to Counsel in Contempt Cases
In Mead v Bactchlor, 435 Mich 480 (1990), the Michigan Supreme Court ruled that the Due Process Clause of
the United States Constitution’s 14 th
Amendment prohibits the trial court from incarcerating an individual in
civil contempt proceedings when the defendant has not had the benefit of counsel.
The Mead decision is now in question because of a recent United States Supreme Court decision. Turner v
Rogers, 564 US ____ (2011) found all 9 justices agreeing that an indigent defendant does not have an absolute
right to counsel under the 14 th
Amendment. That is where the agreement stops. Five justices found that other
“safeguards” in contempt proceedings compensate for the lack of counsel. The dissenting four justices stated
that notwithstanding other safeguards, there is no right to counsel in civil contempt proceedings. The split
indicates that future decisions may find a limited right to counsel in contempt proceedings.
The United States Supreme Court noted that the following procedural safeguards were sufficient to protect a
payer’s rights without requiring appointed counsel:
providing notice to the payer that his ability to pay is a critical issue in the contempt proceeding;
using a form (or similar document) to gather relevant financial information about the payer;
providing the payer an opportunity at the hearing to respond to questions about his financial status; and
an express finding by the court that the payer has the ability to pay.
1 This would also be true for contempt proceedings under MCL 600.1701which allows the contempt proceeding to begin with a
warrant upon the filing of an affidavit showing noncompliance with the court’s order. Upon arrest, the payer would then be allowed to
show that the payer could not comply with the order.
Page 5 of 5 10/4/15
The decision specifically states that the Court only addressed situations where (1) the payer is before a court for
a civil contempt case for failure to pay support, (2) the payer is indigent, (3) the other party is without counsel,
and (4) there are other procedural safeguards in place. The majority took pains to stress that there were other
situations that it was not addressing.
In most cases it is relatively easy for courts to comply with the Turner ruling.
First, before a contempt hearing begins, the court could ask the payert to complete a form regarding his
or her financial status. Many already do so. Others have the friend of the court interview the payer and
report to the court on the payer’s financial status. Courts who do not already use this procedure may
find SCAO-approved form MC 287, Financial Statement helpful.
Second, at the outset of the contempt hearing, the court may want to explain on the record the purpose of
the hearing and what issues it will hear.
Third, the payer must have a chance to respond.
And finally, the court should state clearly its reasons for finding the payer in contempt.
While the limits of the Turner decision are unclear, courts can tailor the procedures they use to bring contempt
cases within Turner’s scope. One such step would be to ensure that no one appears before the court as an
advocate for a contempt finding, or in any capacity other than to provide factual information concerning the
accounting and procedural history of the case. Another step would be to allow non-attorney court staff to
appear at the hearing without a staff attorney or rely on the petition without having a staff member present at the
hearing. 2 Additionally, the court can ensure that its commitment orders clearly state why other remedies are
unlikely to correct the payer’s failure or refusal to pay support, and contain the amount that the payer must pay
in order to be released from the order of commitment.
2 Most payers do not dispute that they are in arrears and so the focus of the hearing is on what the payer can pay and what remedies
will bring the payer into compliance. If the court needs the FOC to provide information, the hearing could be adjourned.
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www.maps.live.com Map sites can be used to verify an address. Free
Lost People.com People search
Lycos People search
Map Quest People search
www.mapquest.com Map sites can be used to verify an address. Free
Melissa's Data Lookups
Cost: $9.95 for basic information.
Michigan County Jails
Corrections www.sado.org/asp1/ctyjails.ht m
Michigan Public School Districts
Government www.everythingmichigan.net/m ischools.htm
Link to Michigan public school websites to locate addresses and telephone numbers.
Free
N/A
People search
www.msnlivesearch.com Portal to listing widely varied topics, three of which can be used to search for people.
Free
Military Personnel Locator
Military http://www.globemaster.de/faq/ locator.html
Uses Gisearch.com to perform searches on active, retired, and wounded soldiers. Includes all branches as well as the National Guard.
Free limited information
My IP Info IP Online Tool
www.Myipinfo.net If you have the IP address of origin, you can use this free IP lookup Whois service to find out.
Free
My Space People search
www.myspace.com Social networking site that provides ways to look for friends, acquaintances, and new people.
Free
National Association of Counties
Government www.naco.org/Template.cfm?s ection=find_a_County
Information on counties, such as county officials, courthouse addresses, county seats, cities within a county as well as various statistical and geographical information.
Free
Networking
www.namecheck.com Check to see if your desired username or url is still available at dozens of popular Social Networking and Social Bookmarking websites.
Free
Free
National Prisoner Search Homepage
Corrections http://www.prisonandjails.com/i nmate%20search.htm
Mostly Federal prisoners. Cannot verify how recent records are in database Free limited information.
Net People Search
www.netpeoplesearch.com Yahoo site. Contains links to 11 different web based search engines. Free limited information, detailed information costs.
Nettrace - Private investigator and Search Guide
People search
www.nettrace.com.au This search page starts in Australia, but has many connections to searching other parts of the world, including the United States. Nice design to assist in searching.
Free
Cost: $2.50 monthly membership
Corrections www.state.mi.us/mdoc/asp/otis 2.html
Database for State of Michigan prisoners. Does not contain any county prison information.
Free
People Connection
People search
http://peopleconnection.aol.co m/main
Look for individuals that have an America Online Account. Free
People Lookup Directory
People search
www.peoplelookupdirectory.co m
Uses the Intellius search engine to perform internet searches. Cost: $10-$40
People Search People search
www.pipl.com Pipl is designed to retrieve information from personal profiles, member directories and other deep web sources.
Free
www.peoplescanner.com Small amount of information is returned for the money spent. Cost: $7.00 minimum
Online People Records Search
People search
www.onlinepeoplerecordssearc h.com
Site by state, search public record information. Cost: $25.00 one time membership fee.
People Search Engines
People search
www.people-search- engines.com
Searches different kinds of databases for people searches via name, address and phone numbers.
Free limited information, detailed information costs
People Search Tools
www.people-search-tools.com A portal to many different search tools, and other web sites used for searching. This site uses the Intellius search engine.
Person Information
People search
www.personinfo.com Search by name, SSN , phone, or address Cost: $8.00 basic report. $12.00 Advanced report. $25.00 for a full background
People search
www.search-it-all.com/ Similar to several other web pages, but you may like the way this one is arranged.
Cost: $9.95 for basic information.
Pretrieve - Public Record Search
Cost: $15-$40.
Prison Search Corrections www.ancestorhunt.com/prison_ search.htm
Search for prison inmates, prisoners, prison records and offender records at state correctional institutions, county jails and prisons with these free prison inmate search engines & prison inmate locators.
Free
Reunion.com People search
www.reunion.com Hits come up when name is entered. Registration is free but additional information may cost.
Free Registration
People search
www.reuniteinternational.com Shows the ability to search many foreign county's databases. Search requests are sent to a search specialist, who perform multiple searches.
Cost: Varies
www.rootsweb.com Used for genealogical research. Searches many data bases. Free
Search Bug People search
www.searchbug.com/peoplefin der
Find people, companies, and site contains research tools, including lookups on SSN, E-Mail, and IP address
Free limited information. $10 - $60 for detailed information.
Search Detective People search
SiteMeter Website Tracker tool
www.SiteMeter.com Website tracking and counter tools give you instant access to vital information and data about your sites audience.
Free
Skip Ease People search
www.skipease.com People search, along with 8 research tools. Web site also contains 8 other links to people searching web sites.
Statcounter Website visitor tool
www.Statcounter.com Obtain webstats and real-time analysis of the visitors to your website. Free
Smart Pages Phonebook
People search
www.smartpages.infospace.co m
Cousin to yellowpages.com. Contains both white/yellow page lookup for businesses and people. Free search brings back name, address, phone, and map to address. More complete search uses Intellius search engine.
Free
Spokeo People Search
www.spokeo.com People search engine and free white pages finds phone, address, email, and photos
Free
Social Security Numbers
Public records
www.ssnusa.com 24 hour turnaround. Can't search for an SSN, but one can enter search for associated information.
Cost: $20.00 per search
www.tweepz.com Search for twitter accounts based on names, locations and keywords. Free
Tweetgrid Search Social
Networks
www.Tweetgrid.com TweetGrid is a powerful Twitter Search Dashboard that allows you to search for up to 9 different topics, events, converstations, hashtags, phrases, people, groups, etc in real-time .
Free
Networks
www.Twitterfall.com For popular trends, Twitter is queried from the Twitterfall server, and results are streamed directly to you. This means that Twitterfall is nicer for commonly used terms than other clients.
Free
Networks
www.twingly.com eTrade is the leading solution for blog reviews about products, brands and sites. It is used by e-commerce websites to encourage bloggers to link to and write about your products.
Free
State Court Administrators Office (SCAO)
Government http://courts.michigan.gov/sca o/courtforms/index.htm
Social Security search
Public records
www.socialsecuritysearchusa.c om
Public records, so looking at the age of the information is important. Cost: $20.00 dollar minimum
Super Pages People search
www.superpages.com Search for businesses and people. This site also maps address and displays location, along with any WiFi hotspots within the map boundary.
Free
www.thelpa.com Tenant information. Used mostly by landlords to identify problem tenants. Free for some downloadable forms
The Work Number Employers www.theworknumber.com One of the few sites that may allow you to verify someone's employment, or at least provide a number to call for employment verification.
Cost: Fee for service.
Cost: $20 for one year membership. $30 for five years.
United States Bankruptcy Courtfor the Western District of Michigan
People search
www.miwb.uscourts.gov VCIS is a system which allows the public to dial in to the court's database and access the latest information, including: case number, name of debtor(s) or parties, case filed (in)voluntarily, case filing chapter and date, filed as business/consumer, conversion chapter and date, if the case has assets, the attorney for the debtor, the trustee, the judge's name, the status of the case, claim deadline, discharge and closing dates, reopened and/or re-closing dates, disposition method, attorney's phone number and city, 341 meeting date, time and place.
VCIS is provided free of charge. Phone method only
US Census Bureau
Government www.census.gov Map sites can be used to verify an address. Free
US Department of Health and Human Services
Government http://ocse.acf.hhs.gov/ext/irg/ sps/selectastate.cfm
US Department of Labor
Telephone Number ID
US search www.TNID.US Provides free caller ids lookup Telephone Number Identification Free
US Marshall Service
US Search People search
USA People Search
www.usa-people-search.com Simple, one line of typing to search for individual. Cost: $10.00 Minimum
User Namez Search Social
Free
Verify License Registration
Victim Notification Network
Free
www.virtualgumshoe.com Over 75 different public record links make's this web site very productive. Nice visual presentation, and easy to use.
Free: Some information.
Web Detective People search
www.web-detective.com Public records, so looking at the age of the information is important. Cost: membership required: $7.00 for three days.
Web Investigator People search
www.webinvestigator.org Site has impressive front end that shows many kinds of information that is automatically searched for and returned.
Cost: $40 for unrestricted access, but the length of access is not known
White Pages Lookup
People search
www.whitepages.com Cousin to 411.com, but don't need city, state, and zip code to perform search. Free
Yahoo Local Maps People search
www.maps.yahoo.com Map sites can be used to verify an address. Free
Yahoo People Search
Yellow Pages People h
search www.zabasearch.com Offers numerous links to related search information. Free basic searches.
$3 - $50. Zoom Info People
search www.zoominfo.com Locate individuals based on employment information, and look up employers. Free limited results
C. License Suspensions
2. Enforcement Related Tools
2-01 Figuring Arrearage Payments
2-02 Access to Law Enforcement Information System
2-03 Financial Institution and Insurance Claim Data Match (FIDM and ICDM)
2-04 Parent Locating
3-01 Surcharge
B. Modification of Obligations
3-07 Felony Non-Support
4. Medical Support
A. Ordinary Medical Expenses
B. Extraordinary Medical Expenses
5-01 Documented Payments Withheld
5-02 Retroactive Arrears Created
5-03 Statute of Limitations
5-04 National Guard Exemption
A. . Orders to Discharge
A. Requirements for Income Withholding
B. Income Withholding Liability
C. Fee for Withholding
Index