Michigan Compiled Laws
Act 295 of 1982 - Support and Parenting Time Enforcement Act (552.601 - 552.650)
Section 552.605 - Child Support Order; Deviation From Formula; Agreement.

Sec. 5.
(1) If a court orders the payment of child support under this or another act of the state, this section applies to that order.
(2) Except as otherwise provided in this section, the court shall order child support in an amount determined by application of the child support formula developed by the state friend of the court bureau as required in section 19 of the friend of the court act, MCL 552.519. The court may enter an order that deviates from the formula if the court determines from the facts of the case that application of the child support formula would be unjust or inappropriate and sets forth in writing or on the record all of the following:
(a) The child support amount determined by application of the child support formula.
(b) How the child support order deviates from the child support formula.
(c) The value of property or other support awarded instead of the payment of child support, if applicable.
(d) The reasons why application of the child support formula would be unjust or inappropriate in the case.
(3) Subsection (2) does not prohibit the court from entering a child support order that is agreed to by the parties and that deviates from the child support formula, if the requirements of subsection (2) are met.
History: Add. 2001, Act 106, Eff. Sept. 30, 2001 Compiler's Notes: Former MCL 552.605, which pertained to support orders entered before effective date of act and to withholding of income, was repealed by Act 210 of 1985, Eff. Mar. 1, 1986.

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Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 552 - Divorce

Act 295 of 1982 - Support and Parenting Time Enforcement Act (552.601 - 552.650)

Section 552.601 - Short Title.

Section 552.602 - Definitions.

Section 552.603 - Support Order; Enforcement; Information to Be Included; Notice of New Information; Service of Notices or Other Papers; Accrued Interest Prohibited; Failure to Comply With Requirements; Fee; Admission Into Evidence.

Section 552.603a - Failure to Pay Support; Surcharge; Calculation; Assessment; Collection; Enforcement.

Section 552.603b - Retroactive Correction of Support Amount.

Section 552.603d - Repayment Plan.

Section 552.604 - Support Order to Provide for Order of Income Withholding; Order of Income Withholding by Operation of Law; Notice; Effective Date of Order.

Section 552.605 - Child Support Order; Deviation From Formula; Agreement.

Section 552.605a - Information to Be Provided to Office of the Friend of the Court; Health Care Coverage; Use of Guidelines; Bond.

Section 552.605b - Child Support After 18 Years of Age.

Section 552.605c - Support Order; Monthly Amounts; Conversion; Proration; Applicability of Excess Payment Against Arrearage; Refund.

Section 552.605d - Support Order; Provisions; Motion for Modification; Assignment, Redirection, or Abatement of Support Payment; Notice.

Section 552.605e - Payment Plan for Arrearages.

Section 552.606 - Support Order Entered Under Interstate Income Withholding Act.

Section 552.607 - Notice of Arrearage to Payer; Contents; Sending Copy of Notice to Recipient; Request for Hearing; Time of Hearing; De Novo Hearing; Consolidation of Hearings; Completion of Proceedings; Review by Friend of the Court Office.

Section 552.607a - Documentary Evidence of Income Withheld.

Section 552.608 - Limitation on Amount of Income Withheld.

Section 552.609 - Order of Income Withholding; Service; Notice.

Section 552.610 - Payer to Give Friend of Court Name and Address of Employer.

Section 552.611 - Order of Income Withholding; Duration; Priority.

Section 552.611a - More Than 1 Order of Income Withholding Against Payer or Parent; Compliance With Source of Income; Liability; Identification of Withholding; Combining Amounts in Single Payment; Identifying Portion of Single Payment Attributable to...

Section 552.612 - Compliance With Order as Discharge of Liability to Payer.

Section 552.613 - Failure to Comply With Order; Contempt; Finding; Initiation of Proceedings; Jurisdiction.

Section 552.614 - Termination or Interruption of Payer's Income; Notice; Service on New Employer or Other Source of Income.

Section 552.615 - Notice of Change in Circumstances.

Section 552.615a - Military Service Adjustment; Procedures.

Section 552.617 - Notice of Support Modification; Changing Amount Assigned or Withheld.

Section 552.619 - Modifying Support Order to Exclude Support for Child of Whom Payer Awarded Sole Custody; Suspension or Termination of Order of Income Withholding; Circumstances Prohibiting Written Agreement; Effectiveness of Order of Income Withhol...

Section 552.621 - Repealed. 1990, Act 296, Imd. Eff. Dec. 14, 1990.

Section 552.623 - Using Order of Income Withholding as Basis for Refusing to Employ, Discharging, Disciplining, or Penalizing Payer Prohibited; Violation as Misdemeanor; Penalty; Restitution; Use of Occupational, Driver's, or Recreational or Sporting...

Section 552.624 - Offset Proceedings Against Delinquent Payer's Tax Refunds.

Section 552.624a - Proceedings to Set Aside Transfer of Title or Ownership of Property Without Fair Consideration.

Section 552.624b - Notification to Child Support Lien Network and Additional Clearinghouses of Payer With Support Arrearage.

Section 552.625 - Enforcement of Support Orders; Providing Bond, Security, or Other Guarantee.

Section 552.625a - Lien; Creation; Effect; Full Faith and Credit to Liens Created in Other States; Priority; Notice; Exceptions to Creation of Lien; Effect of Lien on Itemized Amount in Redemption Order; Definitions.

Section 552.625b - Remedy as Cumulative; Lien; Perfection; Notice; Review Procedures; Enforcement; Termination; Disclosure of Information.

Section 552.625c - Remedy as Cumulative; Arrearage Under Payer's Support Order; Payer's Financial Assets Held by Financial Institution; Notice of Lien and Levy; Form; Notice of Withdrawal; Release of Assets.

Section 552.625d - Obligation or Liability of Financial Institution, Insurer, or Carrier; Limitations.

Section 552.625e - Freeze of Payer's Financial Assets; Execution; Notice.

Section 552.625f - Levy on Financial Assets; Challenge; Procedures.

Section 552.625g - Forwarding Money by Financial Institution, Insurer, or Carrier.

Section 552.625h - Circuit Court Review.

Section 552.625i - Return of Forwarded Money to Payer; Reimbursement of Fee, Cost, or Penalty; Interest; Allocations.

Section 552.626 - Notice of Income Withholding; Failure of Parent to Obtain or Maintain Health Care Coverage for Child; Duties of Friend of the Court.

Section 552.626a - Eligibility of Parent for Health Care Coverage Through Employer; Duties of Employer.

Section 552.626b - Order or Notice for Dependent Health Care Coverage; Requirements.

Section 552.626c - Order for Health Care Coverage; Modification Notice.

Section 552.626d - Notice to Department of Social Services Identifying Health Care Coverage.

Section 552.627 - Other Enforcement Action.

Section 552.628 - Order to Suspend Payer's Occupational, Recreational, Sporting, or Driver's License; Notice to Payer.

Section 552.629 - Suspension Hearing; Consolidation With Modification Hearing; Order to Pay Arrearage in Installments; Suspension Order; Failure of Payer to Comply With Order.

Section 552.630 - Suspension of Occupational, Driver's, or Recreational or Sporting License by Licensing Agency; Sending Copy of Order; Schedule for Payment of Arrearage.

Section 552.631 - Failure or Refusal to Obey and Perform Support Order; Civil Contempt Proceeding; Failure to Appear; Bench Warrant; Cash Performance Bond; Custody; Payment and Disposition of Costs; Order Rendering Vehicle Inoperable.

Section 552.632 - Payer Arrested Under Bench Warrant; Cash Performance Bond; Hearing; Form of Bond Receipt; Failure to Appear; Transmission and Deposit of Bond; Setting Aside Contempt Finding; Voluntary Appearance by Payer; Receipt.

Section 552.633 - Finding Payer in Contempt; Presumption; Proof of Currently Available Resources.

Section 552.635 - Repealed. 2014, Act 378, Eff. March 17, 2015.

Section 552.635a - Alternative Contempt Track Docket.

Section 552.636 - Friend of the Court Enforcement Action; Assessment of Reasonable Expenses.

Section 552.637 - Order of Commitment.

Section 552.639 - Committing Payer to County Jail or Alternative to Jail; Violating Conditions of Court; Failure to Return to Place of Confinement as Escape From Custody; Misdemeanor; Penalty.

Section 552.641 - Complaint Alleging Custody or Parenting Time Order Violation; Duties of Friend of Court; Declining to Respond to Violation; Circumstances; Compliance With MCL 552.519.

Section 552.642 - Makeup Parenting Time Policy; Establishment; Approval; Provisions of Policy; Notice; Response; Procedures.

Section 552.642a - Joint Meeting.

Section 552.644 - Civil Contempt Proceeding to Resolve Dispute Concerning Parenting Time; Commencement by Office of Friend of Court; Notice; Allegations; Finding of Violation; Powers of Court; "Good Cause" Defined; Duration of Commitment; Release; Be...

Section 552.645 - Finding of Contempt for Noncompliance With Makeup and Ongoing Parenting Time Schedule; Suspension of License; Agreement; Hearing on Modification of Parenting Time.

Section 552.646 - Custodial Parent Committed to Jail or Alternative to Jail Under MCL 552.644(2)(f); Violation of Conditions of Court; Commitment to County Jail Without Privilege; Failure to Return to Place of Confinement as Escape From Custody; Misd...

Section 552.648 - Centralized Receipt and Disbursement of Support and Fees.

Section 552.649 - Conditional Effective Date.

Section 552.650 - Effective Date.