Sec. 28.
(1) For a friend of the court case, a payer's occupational license or recreational or sporting license, or any combination of the licenses may be suspended if both of the following circumstances are true:
(a) An arrearage has accrued in an amount greater than the amount of periodic support payments payable for 2 months under the payer's support order.
(b) An order of income withholding is not applicable or has been unsuccessful in assuring regular payments on the support obligation and regular payments on the arrearage.
(2) For a friend of the court case, a payer's driver license may be suspended if both of the circumstances in subsection (1) are true and both of the following additional circumstances are true:
(a) The court has conducted an ability to pay assessment and determined that the payer has an ability to pay the support but is willfully not making his or her support payments.
(b) The office of the friend of the court determines that no other sanction would be effective in assuring regular payments on the support obligation and regular payments on the arrearage.
(3) Before seeking the suspension of a license described in subsection (1) or (2), the office of the friend of the court shall send the payer a notice that includes all of the following information:
(a) The amount of the arrearage.
(b) That the payer's occupational license, driver license, or recreational or sporting license, or any combination of the licenses may be subject to suspension.
(c) That a suspension order or notice will be sent to the licensing agency unless the payer responds by paying the arrearage or requesting a hearing within 21 days after the date of mailing the notice.
(d) That, if a hearing is requested, the payer may do either of the following at the hearing:
(i) Object to the proposed suspension based on a mistake of fact concerning the overdue support amount or the payer's identity.
(ii) Ask the court to order a schedule for the payment of the arrearage.
(e) That, if the payer believes that the amount of support ordered should be modified due to a change in circumstances, the payer may file a petition with the court for modification of the support order.
History: Add. 1996, Act 239, Eff. Jan. 1, 1997 ;-- Am. 1998, Act 334, Imd. Eff. Aug. 10, 1998 ;-- Am. 2002, Act 565, Eff. Dec. 1, 2002 ;-- Am. 2009, Act 193, Imd. Eff. Dec. 28, 2009 ;-- Am. 2020, Act 379, Eff. Oct. 1, 2021
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.