Sec. 19.
(1) If the court awards to the payer sole custody of a child for whom the payer has been previously ordered to pay support and a previously accumulated arrearage under the support order for that child does not exist, the court shall modify any existing support order to exclude support ordered to be paid by that payer for that particular child. If an existing support order does not provide for support to any other child of whom the payer does not have custody, for support to a former spouse, or for payments of pregnancy or birth expenses, the court shall terminate the order of income withholding as soon as any previously accumulated arrearage has been paid.
(2) The office of the friend of the court shall suspend or terminate an order of income withholding under any of the following circumstances:
(a) The location of the child and custodial parent cannot be determined for a period of 60 days or more, and the friend of the court case is being closed.
(b) The court determines that there is no further support obligation.
(c) When otherwise determined by the court, upon a showing of good cause, and if the court determines that such suspension or termination is not contrary to the best interests of the child. In making a determination under this subdivision, the court may consider the previous payment record of the payer, evidence of the payer's intent to make regular and timely support payments, and any other factors considered relevant by the court. However, the payment of arrearages under the support order shall not be the sole reason for termination of an order of income withholding.
(d) The parties enter into a written agreement that is reviewed and entered in the record by the court that provides for all of the following:
(i) The order of income withholding shall be suspended.
(ii) An alternative payment arrangement.
(iii) For a friend of the court case, the payer shall keep the office of the friend of the court informed of both of the following:
(A) The name and address of his or her current source of income.
(B) Any health care coverage that is available to him or her as a benefit of employment or that is maintained by him or her; the name of the insurance company, health care organization, or health maintenance organization; the policy, certificate, or contract number; and names and birth dates of the persons for whose benefit he or she maintains health care coverage under the policy, certificate, or contract.
(3) The parties shall not enter into a written agreement under subsection (2)(d) if either of the following circumstances exists:
(a) There is a support arrearage.
(b) An order of income withholding was previously suspended or terminated and subsequently implemented due to the payer's failure to pay support.
(4) If a written agreement is entered into under subsection (2)(d), the order of income withholding shall take effect when an arrearage in support payments as agreed to under the written agreement reaches the arrearage amount that would require the initiation of 1 or more support enforcement measures if the case were a friend of the court case, as provided in section 11 of the friend of the court act, MCL 552.511.
(5) The court may suspend or terminate an order of income withholding if the custodial parent moves out of this state without court authorization.
(6) The office of the friend of the court shall promptly refund money that has been improperly withheld.
History: 1982, Act 295, Eff. July 1, 1983 ;-- Am. 1985, Act 210, Eff. Mar. 1, 1986 ;-- Am. 1990, Act 296, Imd. Eff. Dec. 14, 1990 ;-- Am. 1992, Act 291, Eff. Jan. 1, 1993 ;-- Am. 1998, Act 334, Imd. Eff. Aug. 10, 1998 ;-- Am. 2002, Act 572, Eff. Dec. 1, 2002 ;-- Am. 2009, Act 193, Imd. Eff. Dec. 28, 2009
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.