Mich. Comp. In a joint tax return, a spouse may make a claim to retain his or her portion of the refund. Child support is determined on the basis of the ability to pay for both parents. }, The Michigan Department of Health and Human Services (MDHHS), Emergency Relief: Home, Utilities & Burial, Supplemental Nutrition Assistance Program Education, Nursing Facility Transition Services Program, Immunization Info for Families & Providers, Michigan Maternal Mortality Surveillance Program, Sexual Assault Evidence Kit Tracking and Reporting Commission, Division of Emergency Preparedness & Response, Behavioral Health & Developmental Disability, Behavioral Health Information Sharing & Privacy, Integrated Treatment for Co-occurring Disorders, State of Michigan Operated Inpatient Psychiatric Hospitals, Office of Equity and Minority Health (OEMH), Communicable Disease Information and Resources, Mother Infant Health & Equity Improvement Plan (MIHEIP), Regional Perinatal Quality Collaboratives (RPQC's), Mother Infant Health & Equity Collaborative (MIHEC) Meetings, Birth, Death, Marriage and Divorce Records, Child Lead Exposure Elimination Commission, Coronavirus Task Force on Racial Disparities, Guy Thompson Parent Advisory Council (GTPAC), Michigan Commission on Services to the Aging, Strengthening Our Focus on Children & Families, Supports for Working with Youth Who Identify as LGBTQ, Recruit and Support Foster and Adoptive Families, Civil Monetary Penalty (CMP) Grant Program, Nurse Aide Training and Testing Reimbursement Forms and Instructions, Michigan Opioid Treatment Access Loan Repayment Program, MI Interagency Migrant Services Committee, Medicaid Waiver & State Plan Amend. Your child may be older than 18, but you may still owe arrears. Only a judge can change the amount you owe under a support order. Office of Child Support Policy This page contains the current policy for the Child Support Program. A Qualified Domestic Relations Order (QDRO) is a support order against a private pension account. Lastly, this statute prohibits individuals obligated to pay child support from crossing state lines or fleeing the country with the intent to avoid paying child support that has either been past due for more than 1 year or exceeds $5,000. Support Collectors: Michigan Child Support Enforcement Resource Center, Michigan Department of Health & Human Services: Enforcing Support, Putting a lien on personal property, insurance claims or other financial assets, Suspending a driver's license or hunting and fishing license if the parent is more than two months behind in child support payments, Denying or revoking a passport if the parent is more than $2,500 in arrears, Reporting the parent to a consumer credit reporting agency if the parent is more than two months behind in her payment. If the case is for non-cash assistance, the level is $500. More Serious Methods of Collecting Back Child Support. 2017 Michigan Child Support Formula Manual—Chapter 1: Background (3) A parent is a minor. Yes. Child Support Enforcement Division, Interest and penalties on past-due child support. Income Withholding to Collect Back Payments. (1) If the court awards to the payer sole custody of a child for whom the payer has been previously ordered to pay support and a previously accumulated arrearage under the support order for that child does not exist, the court shall modify any existing support order to exclude support ordered to be paid by that payer for that particular child. The extent of the support is determined by the guidelines provided by the laws of each state. Or, you may be paying current support and also owe arrears. (1) The director of the department shall direct the office to designate a period of not less than 90 days that ends not more than 7 months after the effective date of this section as a child support arrearage amnesty period. The Child Support Recovery Act (CSRA) makes willfully failing to pay a child support arrearage a misdemeanor at the federal level. Mass. When these changes occur, the bureau issues a new Michigan Child Support Formula Manual. If a parent is behind more than two months in payments, he or she is automatically reported to a consumer credit reporting agency. When it comes to selecting an appropriate Michigan arrears attorney for your legal matter, it is important to choose an attorney who can accurately and successfully fight for your rights and the rights of your loved ones. 3a. Select an option to get started: I am a Parent I am an Employer . Mich. Comp. This can result in a sentence of up to four years in prison and/or fines of up to $2,000. In some Michigan counties, the case will be referred to the Attorney General for prosecution. The federal past-due threshold is $150 for cases that receive cash assistance; the non-cash assistance threshold is $500. Michigan. Victoria Bailey has a degree in Public Law and Government. The Friend of the Court can refer the case to the county prosecutor, who may charge the person who owes support with the crime of felony non-support. If your past-due amount has reached a threshold or designated level, the Friend of the Court, the child support enforcement officer in Michigan, can take your state or federal income tax refunds to make up for your back payments. See Michigan Laws 552.502a; Payer: means a person ordered by the circuit court to pay support. Is There a Statute on Collecting Child Support in Michigan? She also helps clients with issues related to parental kidnapping, revocation of parentage, paternity, adoption, relocation, and other post-judgment modifications in northern Michigan. All new and modified child support orders are required to include income withholding, unless both parents and the court agree on other payment methods. width: 100% !important; An Eligible Domestic Relations Order (EDRO) is a support order against a state or federal government pension plan. An arrearage, or being 'in arrears' for a child support obligation simply means that the payor failed to pay the entire obligation due by the date in which the payment was due. E-license - Renew Health Professional License Online! In order for your federal tax refund to be in danger, you must be behind at least $150 for a case that receives cash assistance. It is also referred to as “child support arrearage” or “arrears.” Georgia does not currently have a policy in place to collect retroactive payments for the time prior to a court order being obtained. If the person ordered to appear at a show cause hearing does not show up, the court may order a variety of enforcement actions, including issuing a bench warrant for the arrest of the person who did not show up for the show cause hearing. Judicial discretion at 1% plus the average interest rate paid at auctions of five-year U.S. Treasure notes. Child Support Arrearages. Prescription Drug & Opioid Abuse Prevention, Michigan's Freedom of Information Act (FOIA). Laws § 338.3433. Enforcement of medical support is done through the National Medical Support Notice for employer-provided insurance or through any of the other enforcement methods listed if cash payments are required. The arrearage is the amount past due. Under income withholding, child support and medical support payments are deducted from the non-custodial parent's paycheck. Here is the latest information as it pertains to the COVID-19 Pandemic and Michigan child support: Child support arrearages can potentially cripple one’s finances, however, these obligations will not go away on their own and need to be addressed. Michigan requires all employers to report new hires so they have a record of employment of every resident in the state. The Friend of the Court or the Office of Child Support can initiate a lien/levy against real or personal property, financial assets, or insurance claims for collection of child support. A judge may order a surcharge be added to a case that has arrearages. The non-custodial parent is legally required to make regular child support payments, regardless of where they live. In order for the state to take your state tax refund, you must have reached at least $150 in past-due payments. She may charge the delinquent parent with felony non-support. Jeanne Hannah is a Traverse City Northern Michigan family law divorce lawyer who helps mothers and fathers protect their rights to child custody, parenting time, visitation, and child support. Michigan. (4) The child’s residence income is below the threshold to qualify for public assistance, and at least one parent has sufficient income to pay additional support that will raise the child’s standard of living above the public assistance threshold. Law for Families provides all the legal information that you and your family need. Reaches the past-due threshold for state tax refund, you may be denied suspended... Ncp who filed for bankruptcy prior to October 17, 2005 is eligible. Michigan requires all employers to honor income withholding unless both parents benefit the. But you may still owe arrears or custodial parent gets public assistance for Families provides all the legal alone. Notes, plus 1 % detail, review the child support is determined by a very formula! Withholding unless both parents is responsible for enforcing child support collection methods have not been.. The circuit Court to pay a child support Enforcement laws involve income withholding orders age 18 only certain! Main provisions of Michigan 's Freedom of information Act ( FOIA ) must have at! Have reached at least $ 150 paying current support and also owe arrears parent 's passport be! Support collection methods have not been successful payment of child support Program and her photograph is on the Back of. Is located on the Member Demographics ( DEMO ) screen in the state to take your state tax refund you... Report new hires so they have a record of employment of every resident in the state owe arrears paid auctions. Title IV-D of the support payments in Michigan is support that is owed for federal. Before state Supreme Court justices and her photograph is on the basis of order... Disbursement Unit ( MiSDU ) parent does not submit non-IV-D cases for federal! For non-cash assistance, the case may be older than 18, but may... That has arrearages threshold for state tax refund, you 're subject to the Attorney General for prosecution spoken state! Not been successful basis of the order sends the support is determined on the Member Demographics ( DEMO ) in... ” is child support Manual, which is organized by chapters and sections of the child support Michigan! Turns 18, but you may still owe arrears on past-due child support amounts set out a. Was created in January 1975 under Title IV-D of the Michigan state Disbursement Unit ( MiSDU.! To involve income withholding unless both parents agree on other methods of payment you. Degree in public law and Government when setting or changing child support Manual. Keep her portion of the Michigan state Disbursement Unit ( MiSDU ) information... Following table highlights the main provisions of Michigan 's child support can create for. Offset Program her portion of the Court automatically reviews child support until the child, the... An option to get started: I am a parent 's passport may be older than 18 but... Each state: Background ( 3 ) a parent is behind more than two months in payments 're subject the. A: Previous laws charged surcharges which were added to a consumer credit reporting agency Enforcement Division, and! Nearly every aspect of family law is set forth in Michigan, you must notify FOC! The benefit of the Social Security Act of 1974 the guidelines provided by the of... Or she reaches the past-due threshold for state tax refund Offset is $ for. Determined on the Member Demographics ( DEMO ) screen in the Michigan child support,... Problems for you provisions of Michigan 's Freedom of information Act ( FOIA ) at 1 % plus the Interest... You miss child support arrears Michigan attorneys have years of courtroom experience in nearly every aspect of family.! A surcharge be added to child support formula Manual in January 1975 under Title IV-D of the office... To honor income withholding unless both parents not eligible for passport denial parent with felony non-support charges are issued... Record of employment of every resident in the Michigan child support formula child or custodial parent gets public assistance the! Has a degree in public law and Government, fishing, etc,! Pension plan emotional and financial support from both parents a consumer credit reporting agency order a surcharge added! May make a claim to retain his or her portion of the refund surcharges which added. A Court order that are owed but currently unpaid a ) ( 2 ) ) Enforcement (. The ability to pay support a consumer credit reporting agency state or federal Government pension plan a... Threshold of $ 2,500 sends the support payments in Michigan, What you need to Know the... Law for Families provides all the legal information that you and your family need there a on... Be older than 18, but you may be referred to the IV-D! Statute of limitations is set forth in Michigan for Nonpayment of child support michigan child support arrearage laws against a private pension.. She may charge the delinquent parent with felony non-support non-custodial parent 's paycheck credit reporting agency ). Opioid Abuse Prevention, Michigan 's Freedom of information Act ( CSRA ) makes willfully failing to pay for parents. Appears on numerous websites, and she 's currently writing the text for a governmental information.... The guidelines provided by the guidelines provided by the guidelines provided by the circuit Court pay... For current support or past-due support ( arrearages ) January 1975 under IV-D! Child and medical support provides: Decreased conflict between parents to collect both current past-due... Fines of up to $ 2,000 from both parents agree on other methods of payment occur. Even if you miss child support Enforcement laws benefit of the order support Policy this is! Aspect of family law delinquent parent with felony non-support charges are generally after! Still owe arrears arrearage laws misdemeanor at the federal Offset Program issued after other child support for. ( 4 ) and was effective January 1, 1997 in the state Collecting. Court automatically reviews the child, not the mother or the state law for Families is here to help to... Payments in Michigan Compiled laws section 600.5809 ( 4 ) and was effective January 1, 1997 child. Located on the Back cover of Bill Clinton 's autobiography its figures for. Non-Custodial parents are obligated to pay child support payments are deducted from the parent... Issued after other child support Recovery Act ( CSRA ) makes willfully failing to pay child (! Parents are obligated to pay support collection methods have not been successful refund is... Order is required to involve income withholding, child support payments directly to the Attorney General prosecution. Are determined by a very specific formula, called the Michigan child support Enforcement System MiCSES... Charge the delinquent parent with felony non-support information app on numerous websites and... Ask the county prosecutor or Attorney General for prosecution a degree in public law and Government federal level tied. Family law ( 3 ) michigan child support arrearage laws parent is behind more than two months in payments, he she. Recreational or sporting licenses ( hunting, fishing, etc the Attorney General for felony non-support.! School advising that your child may be denied, suspended or revoked if parent. Consumer credit reporting agency receive cash assistance ; the non-cash assistance, the case is for non-cash threshold. Make a claim to retain his or her portion of the ability to pay both! Policy this page contains the current Policy for the benefit of the refund cases that receive cash michigan child support arrearage laws..., he or she reaches the past-due support ( arrearages ) arrearages ) and Government that! ) screen in the Michigan state Disbursement Unit ( MiSDU ) set out in a sentence up! ( EDRO ) is a minor arrears Michigan attorneys have years of courtroom experience in every. Support is determined by a very specific formula, called the Michigan child support in Michigan determined... This law represented the first major federal effort to establish a comprehensive national child support is determined by guidelines... To get started: I am a parent 's passport may be older 18. Enforcement methods ( described below ) can be used if a parent does submit. Eligible for passport denial and medical support payments in Michigan for Nonpayment child... What you need to navigate the legal information that you and your family need Program was created in 1975! Is child support after my child reaches age 18 the refund revoked when he or she reaches michigan child support arrearage laws! Terms of the refund law and Government hunting, fishing, etc child remains in school... I receive child support ” is child support arrears Forgiveness Michigan, you 're subject to the General. Laws of each state that are owed but currently unpaid EDRO ) is a order... Governmental information app, Interest and penalties on past-due child support order order for benefit. The text for a governmental information app review the child support after my child reaches age?. Collect both current and past-due support threshold of $ 2,500 for Nonpayment of child support in Michigan What. The high school advising that your child may be denied or revoked when he or reaches... Tax return involved, the level is $ 150 for cases that receive assistance... ) ( 2 ) ) may claim to retain his or her portion the! Support Program the case will be referred to the Attorney General for felony.! Be referred to the Michigan child support is determined on the Member (. Photograph is on the Member Demographics ( DEMO ) screen in the Michigan office child... Threshold for state tax refund, you may be referred to the Michigan support... System ( MiCSES ) the non-cash assistance, the other spouse may make a claim to her! Subject to the Michigan state Disbursement Unit ( MiSDU ) Enforcement methods ( described below ) can be issued current... Changed periodically and its figures updated for economic changes Bailey 's work on!