When A Parent Does Not Meet The Child Support Obligation, The Court Office Works To Enforce Support Order

When a parent does not meet the child support obligation, the friend of the court office works to enforce the support order. Federal and state laws provide a variety of enforcement measures to encourage or force compliance with the support order. Parents who are in arrears on child support may be subject to the use of one or more of the following enforcement tools available to the enforcing agency:

Contempt of court (Show Cause) hearing

If support is not paid on time, the friend of the court or a party may begin a contempt action (known as a "show cause" hearing) by filing papers requiring the payer to appear in court.

If the court finds the payer in contempt, the court may require a payment toward child support or commit the person to jail. If it appears to the court that the payer may be confined to jail, the court is required to appoint an attorney for payers who cannot afford private counsel.

If a payer does not appear for a "show cause" hearing, the judge may issue a bench warrant for the payer’s arrest, so that he or she may be brought before the court. Once a bench warrant is issued, the duty to arrest usually lies with local law enforcement agencies. A bench warrant issued for failure to appear for a contempt of court hearing is only valid within the State of Michigan.

Consumer (Credit Bureau) reporting

The friend of the court must report to a consumer reporting agency (credit bureau) the arrearage amount for each payer with two or more months of support arrearage. Lenders will often obtain a credit report from a consumer reporting agency when deciding whether to extend credit. If the credit report shows a history of untimely support payments or a large arrearage, the report may result in a denial of a loan or other credit.

New Hire reporting

Employers must report basic information about all their newly hired employees to the Michigan New Hire Reporting Center. Each state’s child support computer system receives data provided through new hire reporting. The child support office staff use the information to locate noncustodial parents and to establish or modify child support orders.

Driver license suspension

Driver licenses may be suspended for noncustodial parents who:

Are at least three months behind in paying their child support obligations.
Are not in compliance with a payment plan.

Before a driver license is suspended, the noncustodial parent is notified in writing. The parent can avoid a license suspension by showing that there is a mistake regarding the amount of the arrearage or by entering into an agreement accepted by the court for the payment of the arrearage.

Occupational license suspension

Noncustodial parents who are working in occupations that require a license from state, county, or municipal boards or agencies (e.g., electrician, real estate, barber, plumber) may have their licenses suspended if they:

Are at least three months behind in paying their child support obligations.
Are not in compliance with a payment plan. 

Noncustodial parents receive notice of a pending suspension and can request a hearing before the license is suspended.

Recreational license suspension

Passport denial

Passport applications may be denied when noncustodial parents:

Are at least $5,000 past due in their child support obligations.
Are not in compliance with a payment plan.
 

The U.S. State Department reviews passport applications to see if past due child support is owed.

Tax refund intercept

The child support office can collect past due child support from a parent’s state income tax refund. It can also intercept federal income tax refunds and rebates.

To obtain assistance with enforcing a child support order, contact your local friend of the court.

Other income

If a noncustodial parent owes past due child support, the child support office may take periodic or lump sum payments the noncustodial parent receives from state or local agencies, including:
Unemployment insurance
Workers’ compensation
Lottery winnings
 
Liens

A lien is a claim against real or personal property. Once a person holding the property is informed of the lien, that person must not allow the property to be sold or transferred until the lien is released.

Property (including assets held in financial institutions) can be seized and the proceeds used to satisfy child support arrearages if the payer is over one year behind in child support arrearages.

If you have questions regarding the enforcement of a court order for custody, parenting time, or support, contact your local friend of the court. You will find a phone listing for the friend of the court in the "Government" section of your phone directory, under County Government.