Because children need support from both parents, the enforcement of child support orders is a high priority for the State and federal government. Both have passed laws authorizing child support enforcement (Social Security Act (42 U.S.C. 666) and the Support and Parenting Time Enforcement Act (MCL 552.601)).

Types of child support enforcement

Monetary Support - These are orders for child support, spousal support, education support, or child care support.

Medical Support - These are orders for provision of medical care for dependent children.

Custody/Parenting Time - These are orders that determine custody and parenting time. Enforcement of these orders are handled solely by the Friend of the Court.

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New Hire Reporting

Both the State and federal government require that employers report newly hired employees to a new hire database. These databases are used to identify employment for an individual with a monetary or medical support order. When new employment is found, an income withholding notice and a national medical support notice is automatically sent to the employer.

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Quarterly Wage Reporting

The Michigan Employment Security Act (MCL 421.13) requires that each employer must file a quarterly wage report with the Michigan Unemployment Insurance Agency. The quarterly wage report includes, for each of the employer's employees, the employee's name, social security number, gross wages paid during each quarter, and the name, address, and federal and State employer identification number of the individual's employer.

For additional information on quarterly wage reporting or to file electronic wage reporting, go to the Department of Labor and Economic Growth (DLEG) unemployment insurance agency web site http://www.michigan.gov/uia/0,1607,7-118--77970--,00.html.

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Income Withholding Orders

Approximately 74% of support is collected through income withholding orders. The State child support computer system (MiCSES) will automatically generate an income withholding order when a new employer is identified through new hire reporting. The FOC can also manually initiate an income withholding order.

Employers must honor income withholding orders based on the laws cited above. If a case does not have an income withholding order already in place and one month of arrearages has accrued on the case, an obligor is sent a notice that income will be withheld in 21 days due to the support arrearage. Unless an obligor requests a hearing within 21 days the withholding will commence. The amount withheld for an income withholding order cannot exceed the amount allowed under the Consumer Credit Protection Act (15USC 1673(B)). This can be as high as 65% if certain arrearage and number of children criteria are met, generally it is 50% for support collection.

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National Medical Support Notice

Medical support is often provided as health care insurance under a parent's policy, and the cost of the insurance is considered in the calculation of monetary child support orders. Additionally, the child support order may provide for a specific dollar amount to be deducted for medical purposes. Along with an income withholding order, employers may receive a national medical support notice, which provides direction to the employer on how medical support must be handled. Employers are required to honor medical support notices based on the laws cited above.

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Federal and State Tax Refund Offset Program

If an arrearage threshold has been met, both federal and State tax refunds can be intercepted to pay support arrears.

The arrears threshold for State tax refund intercept is $150. The State tax refund intercepts are requested annually in November.

The federal arrears threshold is $150 for cases that receive TANF (Temporary Assistance to Needy Families), the non-TANF threshold is $500. Federal tax refund intercept requests are submitted throughout the year on a weekly basis.

For both State and federal offset the obligor can object based on a mistake of identity or a mistake of fact. In a joint tax return a spouse may make a claim to retain up to 50% of the refund.

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Lein/Levy

The FOC or State can initiate a lein/levy process against real or personal property, and/or financial assets for collection of child support. It is a two-step process for real or personal property. The one step process for financial assets is done through the State's centralized enforcement process.

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License Revocation

Professional licenses, driver's licenses and hunting and fishing licenses can be revoked for non-payment of child support.

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Consumer Credit Reporting

The statewide child support computer system (MiCSES) automatically triggers a report to a consumer credit reporting agency if two months of arrearages exist.

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Surcharge

A surcharge is the percentage added to unpaid child support balances twice a year. The surcharged amount becomes a part of the total amount of support owed. 2003 PA 276 (MCL 552.603a) changed the surcharge rate from a fixed 8% annual rate (4% every January and July) that compounded, to a variable rate tied to 5-year United States Treasury Notes, plus 1%. Surcharge assessed under this variable rate will not compound.

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Qualified Domestic Relations Order (QDRO)/Eligible Domestic Relations Order (EDRO)

These are support orders against a pension account for a private company (QDRO) or a State pension plan (EDRO). They can be issued for current support or arrearages.

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Show Cause/Bench Warrant

An obligor can be ordered to appear before the court to address arrearage collection problems. The court may issue an appearance bond, which requires a certain dollar amount to be paid prior to release or a performance bond in which the State can access money if support is not paid. A bench warrant can be issued for failure to appear at a show cause hearing and is always accompanied by a bond. If the bond is not paid, the obligor can be sent to jail. Bench warrants are entered into the statewide support computer system (MiCSES) by the FOC. MiCSES updates the Law Enforcement Information Network (LEIN) every 15 minutes so that law enforcement is notified of the bench warrant.

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Felony Nonsupport

If the FOC determines that a felony warrant is necessary, they can refer the case to the Prosecutor who, in some counties, may send the case to the Attorney General for criminal prosecution of felony non-support. Felony nonsupport actions are generally taken after the remedies noted above have not met with success