Sec. 11a.
(1) If there is more than 1 order to withhold income for support, fees, or health care coverage premiums against a payer or parent under this act, the source of income shall comply with all of the notices to withhold income to the extent that the total amount withheld from the payer's or parent's income does not exceed 50% of the payer's disposable income as that term is defined in 15 USC 1672. The source of income shall comply with the notices as follows:
(a) If all orders to withhold income are from this state and the total amount designated in the notices to withhold income for current and past due support exceeds 50% of the payer's disposable earnings, the source of income shall withhold an amount equal to 50% of the payer's disposable earnings.
(b) If 1 or more of the orders to withhold income are from another state, the source of income shall give priority to amounts designated in each notice as current support, as follows:
(i) If the total of the amounts designated in the notices as current support exceeds 50% of the payer's disposable earnings, then the source of income shall allocate to each order an amount for current support equal to the amount designated in the notice as current support, divided by the total of the amounts designated in the notices as current support, multiplied by the amount of income available for income withholding.
(ii) If the total of the amounts designated in the notices as current support does not exceed 50% of the payer's disposable earnings, then the source of income shall pay the amounts designated as current support, and in addition shall proportionately allocate to each order an amount for past due support not to exceed the amount designated in the notice as past due support. This subdivision does not require the maximum withholding to satisfy past due child or spousal support.
(c) If the total amounts allocated to current and past due support do not exceed 50% of the payer's disposable earnings, then the source of income shall allocate the remaining income to the parent's portion of health care coverage premiums attributable to coverage of the children specified in the order if remaining income is sufficient to cover the cost of the premium. This subdivision does not require a source of income to pay the parent's portion of health care coverage premiums.
(2) A source of income is liable for an amount that the source knowingly and intentionally fails to withhold from the payer's income following service on the source of income of a notice of income withholding, except to the extent that the amount is limited by subsection (1).
(3) A source of income shall identify each withholding by payer, payer's social security number, case numbers, amount withheld, and the date on which support was withheld from the payer's income. If the source of income is an employer, it shall also provide its federal employer identification number. A source of income may meet the requirements of this subsection through the use of an automated reporting system established by the SDU.
(4) A source of income may combine amounts withheld from payers' incomes in a single payment and separately identify by payer, social security number, and case number the portion of the single payment that is attributable to each individual payer.
History: Add. 1985, Act 210, Eff. Mar. 1, 1986 ;-- Am. 1990, Act 296, Imd. Eff. Dec. 14, 1990 ;-- Am. 1995, Act 236, Eff. Mar. 28, 1996 ;-- Am. 1998, Act 334, Imd. Eff. Aug. 10, 1998 ;-- Am. 1999, Act 160, Imd. Eff. Nov. 3, 1999 ;-- Am. 2009, Act 193, Eff. Mar. 28, 2010
Structure Michigan Compiled Laws
Act 295 of 1982 - Support and Parenting Time Enforcement Act (552.601 - 552.650)
Section 552.601 - Short Title.
Section 552.602 - Definitions.
Section 552.603b - Retroactive Correction of Support Amount.
Section 552.603d - Repayment Plan.
Section 552.605 - Child Support Order; Deviation From Formula; Agreement.
Section 552.605b - Child Support After 18 Years of Age.
Section 552.605e - Payment Plan for Arrearages.
Section 552.606 - Support Order Entered Under Interstate Income Withholding Act.
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 552.612 - Compliance With Order as Discharge of Liability to Payer.
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 552.621 - Repealed. 1990, Act 296, Imd. Eff. Dec. 14, 1990.
Section 552.624 - Offset Proceedings Against Delinquent Payer's Tax Refunds.
Section 552.625 - Enforcement of Support Orders; Providing Bond, Security, or Other Guarantee.
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 552.626b - 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 552.633 - 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 552.642a - Joint Meeting.
Section 552.648 - Centralized Receipt and Disbursement of Support and Fees.