why won't michigan attorney general do felony on child support

The Michigan Supreme Court has upheld the “impossibility” defense to felony nonsupport charges. In Michigan, it is a felony to fail to pay child support in the amount or the time ordered. Statutorily there is no defense to this crime.

Full Answer

What is a felony non-support charge?

Felony non-support charges are generally issued after other child support collection methods have not been successful. Custodial parents may also ask the county prosecutor or Attorney General for felony non-support prosecution. For additional enforcement detail, review the Child Support Policy manuals.

Can a non custodial parent get a child support charge reduced?

Any charge reduction is in the discretion of the Attorney General's office. As a result of prosecution, the Non-Custodial Parent may go to jail or prison and would not be paying child support while incarcerated. The proceedings may put a strain on any relationship he/she has with the children, and/or possibly between the children and you.

Does child support have to be withheld from my paycheck?

All new and modified child support orders are required to include income withholding, unless both parents and the court agree on other payment methods. Under income withholding, child support and medical support payments are deducted from the non-custodial parent's paycheck.

What happens if a parent is behind in child support payments?

If a parent is behind more than two months in payments, he or she is automatically reported to a consumer credit reporting agency. A parent's passport may be denied or revoked when he or she reaches the past-due support threshold of $2,500.

Can you get a felony for back child support in Michigan?

(1) If the court orders an individual to pay support for the individual's former or current spouse, or for a child of the individual, and the individual does not pay the support in the amount or at the time stated in the order, the individual is guilty of a felony punishable by imprisonment for not more than 4 years or ...

How far behind in child support before a warrant is issued Michigan?

If a parent is behind more than two months in payments, he or she is automatically reported to a consumer credit reporting agency.

Is there a statute of limitations on back child support in Michigan?

Michigan's Statute of Limitations on Back Child Support Payments (Arrears) The Michigan statute of limitations on enforcement of child support is 10 years after last obligation due.

Can child support be waived in Michigan?

In Michigan, parties may “opt out” of the Friend of the Court if they want to make direct child support payments. However, it is an all or nothing decision. By “opting out,” the parties are waiving their right to utilize any FOC services for any purpose.

Does getting married affect child support in Michigan?

Generally, child support payments will not change if you marry in Michigan. The Courts generally do not include the new spouse's income. Michigan's child support guidelines do not consider a new spouse's income when a child support obligation is calculated.

What happens to child support arrears when custodial parent dies in Michigan?

Keep in mind that, while current support obligation might terminate, the deceased parent is still responsible for the payment of any child support arrears that have accumulated and became due and payable on the date of death.

How do I get my child support lowered in Michigan?

First, a parent may ask the local FOC office to review the order. After the review, if the FOC concludes the support amount should change, the FOC will ask the court to modify the support order. Second, a parent may file a motion asking the court to change the support order immediately.

Does signing over parental rights stop child support in Michigan?

A termination of parental rights only ends a parent's support duty under limited circumstances. adoption code pursuant to MCL 710.29 does terminate a parental support duty. The Michigan Court of Appeals has held that a mother's release of a child born out of wedlock terminated both her parental rights and duties.

How long do you have to pay child support in Michigan?

18 years oldIn Michigan, child support obligations normally last until the child turns 18 years old, but can continue up until the age of 19½, if the child is still in high school and lives full-time with the parent that gets child support.

What is the max child support in Michigan?

Medical Child Support in Michigan Reasonable is defined as not to exceed six percent of the parent's gross monthly income.

How do you win a child support modification case?

How to Win a Child Support Modification Case1 Take advantage of the rights you already have.2 Reach out to your ex-partner if you think they'll be amicable.3 Solicit free legal help if you can't hire an attorney.4 Do it on your own only if you can't get help.5 Determine what has changed to justify a modification.More items...

Does the father have to be on the birth certificate to get child support?

A mother can get child support from a father regardless of the birth certificate. There is a process to establish his paternity, and once he is established as the father, child support can be ordered.

How do you check for warrants in Michigan?

The easiest way to find a warrant is through official warrant search websites provided by government offices such as the police or local courts. Persons who believe a warrant may be out for them may also search the public records directory of the court located in an area.

How long do you have to pay child support in Michigan?

18 years oldIn Michigan, child support obligations normally last until the child turns 18 years old, but can continue up until the age of 19½, if the child is still in high school and lives full-time with the parent that gets child support.

Does Michigan charge interest on child support?

The court may order interest at up to 1.5% per month. Generally, no. Statute allows interest to be charged at a rate of 10% but it is not commonly enforced. Interest accrues on support debts at the rate provided in section 535.3 for court judgments.

How long does it take to get child support payments in Michigan?

You should give the withholding process six to eight weeks to be completed. What are service fees? Michigan law requires the FOC to charge the payer of support a fee on all child support orders as a partial offset of administrative costs.