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One obligation of the Friend of the Court is to enforce Support Orders entered in a domestic relations action. Parties must not opt out of Friend of the Court services if they wish to have Friend of the Court assist in order enforcement. Orders entered in a domestic relations action are still fully enforceable even if the parties opt out of Friend of the Court services. However, if the parties opt out, they themselves will be responsible for enforcing obligations and orders.
When support is paid through income withholding, the employer of the party with the obligation to pay support will deduct the relevant support amount from that employee’s paycheck and route it to the Michigan State Disbursement Unit for payment to the party who is ordered to receive the support.
Income withholding can be used for all support obligations, whether spousal support or child support. All Support Orders must contain a provision providing for income withholding. The court can order that income withholding will not take immediate effect upon entry of a Support Order in certain circumstances. Such circumstances are outlined in MCL 552.604. Even if the income withholding does not take immediate effect, the income withholding can later be activated by the Friend of the Court. For example, if an obligor of support is not subject to an immediate income withholding but later falls delinquent in their obligation, the income withholding can go into effect at that time.
If a party ordered to pay support in a domestic relations case refuses to pay and is found to have the ability to satisfy their obligations, their occupational license may be suspended.
A party required to pay support pursuant to a Support Order may have their driver's license suspended if they fail to make timely and accurate support payments as outlined in a Support Order. A license can remain suspended until the party brings their support obligation current and pays any reinstatement fees assessed by the state.
A person who is not receiving support as ordered can initiate a contempt proceeding. That individual can also seek the assistance of the Friend of the Court in filing a contempt action if they are opted into Friend of the Court services. A contempt action should only be used when income withholding is not available or has been proven unsuccessful.
The court can impose sanctions upon a party found to be in contempt. Contempt sanctions are governed by MCL 552.633 and include, but are not limited to, fines, educational classes, counseling, and even incarceration.
Unpaid support can create a lien on the obligor’s personal property, real property, or other financial assets or proceeds.
Other enforcement options available include:
There are deadlines and statutes of limitations to consider when dealing with unpaid support obligations.
If you are ordered to pay support pursuant to a Support Order arising from a domestic relations action, it is important that you do so on time and in the amount listed in the Support Order. Failure to pay support on time can result in significant consequences, both civil and criminal. If you are unable to pay your support obligation for any reason, it is important to seek legal counsel to modify an existing support obligation. If a support enforcement action is taken against you, there are a limited number of defenses that may apply.
Contact McKinney Vos today for a free consultation to discuss your questions regarding support orders and enforcement of the same. Our Michigan family law attorney advises both parties who receive support and parties ordered to pay support.
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