Michigan Laws 552.511 – Initiating enforcement of support order and custody or parenting time order; procedure; arrearage; amnesty
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Michigan Laws 552.511
- Centralizing enforcement: means the process authorized under section 10 of the office of child support act, 1971 PA 174, MCL 400. See Michigan Laws 552.502
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Court: means the circuit court. See Michigan Laws 552.502
- Department: means the department of health and human services. See Michigan Laws 552.502
- Health care coverage: means a fee for service, health maintenance organization, preferred provider organization, or other type of private health care coverage or public health care coverage. See Michigan Laws 552.502
- Income: means that term as defined in section 2 of the support and parenting time enforcement act, MCL 552. See Michigan Laws 552.502
- Medical assistance: means medical assistance as established under title XIX of the social security act, 42 USC 1396 to 1396w-5. See Michigan Laws 552.502a
- month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j
- Office of child support: means the office of child support created in section 2 of the office of child support act, 1971 PA 174, MCL 400. See Michigan Laws 552.502a
- Payer: means a person ordered by the circuit court to pay support. See Michigan Laws 552.502a
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- Public assistance: means cash assistance provided under the social welfare act, 1939 PA 280, MCL 400. See Michigan Laws 552.502a
- Support: means all of the following:
(i) The payment of money for a child or a spouse ordered by the circuit court, whether the order is embodied in an interim, temporary, permanent, or modified order or judgment. See Michigan Laws 552.502aSupport and parenting time enforcement act: means 1982 PA 295, MCL 552. See Michigan Laws 552.502a Support order: means an order entered by the circuit court for the payment of support in a sum certain, whether in the form of a lump sum or a periodic payment. See Michigan Laws 552.502a
(1) Except as provided in this section, each office shall initiate 1 or more support enforcement measures under the support and parenting time enforcement act when 1 of the following applies:
(a) Except as otherwise provided in this subdivision, the arrearage under the support order is equal to or greater than the monthly amount of support payable under the order. If the support order was entered ex parte, an office shall not initiate enforcement under this subdivision until the office receives a copy of proof of service for the order and at least 1 month has elapsed since the date of service. An office is not required to initiate enforcement under this subdivision if 1 or more of the following circumstances exist:
(i) Despite the existence of the arrearage, an order of income withholding is effective and payment is being made under the order of income withholding in the amount required under the order.
(ii) Despite the existence of the arrearage and even though an order of income withholding is not effective, payment is being made in the amount required under the order.
(iii) One or more support enforcement measures have been initiated and an objection to 1 or more of those measures has not been resolved.
(b) A parent fails to obtain or maintain health care coverage for the parent’s child as ordered by the court. The office shall initiate enforcement under this subdivision at the following times:
(i) Within 60 days after the entry of a support order containing health care coverage provisions.
(ii) When a review is conducted as provided in section 17.
(iii) Concurrent with enforcement initiated by the office under subdivision (a).
(iv) Upon receipt of a written complaint from a party.
(v) Upon receipt of a written complaint from the department if the child for whose benefit health care coverage is ordered is a recipient of public assistance or medical assistance.
(c) A person legally responsible for the actual care of a child incurs an uninsured health care expense and submits to the office a written complaint that meets the requirements of section 11a.
(2) An arrearage amount that arises at the moment a court issues an order imposing or modifying support, because the order relates back to a petition or motion filing date, shall not be considered as an arrearage for the purpose of initiating support enforcement measures, centralizing enforcement, or other action required or authorized in response to a support arrearage under this act or the support and parenting time enforcement act, unless the payer fails to become current with the court ordered support payments within 2 months after entry of the order imposing or modifying support.
(3) An office shall not initiate a support enforcement measure to collect a payer’s child support arrearage while the payer has amnesty for that arrearage under section 3b of the office of child support act, 1971 PA 174, MCL 400.233b.