Michigan Laws 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, drive
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Terms Used In Michigan Laws 552.623
- Income: means any of the following:
(i) Commissions, earnings, salaries, wages, and other income due or to be due in the future to an individual from his or her employer or a successor employer. See Michigan Laws 552.602month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j Occupational license: means a certificate, registration, or license issued by a state department, bureau, or agency that has regulatory authority over an individual that allows an individual to legally engage in a regulated occupation or that allows the individual to use a specific title in the practice of an occupation, profession, or vocation. See Michigan Laws 552.602 Payer: means an individual who is ordered by the circuit court to pay support. See Michigan Laws 552.602 Recreational or sporting license: means a hunting, fishing, or fur harvester's license issued under the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 552.602 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Source of income: means an employer or successor employer, a labor organization, or another individual or entity that owes or will owe income to the payer. See Michigan Laws 552.602 Support: means all of the following:
(i) The payment of money for a child or a spouse ordered by the circuit court, whether the order is embodied in an interim, temporary, permanent, or modified order or judgment. See Michigan Laws 552.602
(1) A source of income shall not use a notice of income withholding as a basis for refusing to employ, discharging, taking disciplinary action against, or imposing a penalty against a payer. A source of income who refuses to employ, discharges, disciplines, or penalizes a payer in violation of this section is guilty of a misdemeanor, punishable by a fine of not more than $500.00, and shall be required to make full restitution to the aggrieved payer, including reinstatement and back pay.
(2) A source of income shall not use the suspension, as provided for in this act, of an occupational license, driver’s license, or recreational or sporting license as the basis for refusing to employ, discharging, taking disciplinary action against, or imposing a penalty against a payer unless the suspended license is legally required for the payer’s performance of the job. This act does not prevent a source of income from refusing to employ or discharging an individual whose occupational license, driver’s license, or recreational or sporting license is suspended if that license is a necessary predicate to engage in that occupation, vocation, or profession.
(3) A source of income may charge and collect from a payer a fee in response to a notice of income withholding as follows:
(a) If a source of income submits income withholding payments by electronic means, the source of income may charge the payer a fee of $1.00 each time the source of income withholds payment from the payer, but not to exceed $2.00 per month.
(b) If a source of income submits income withholding payments by other than electronic means, the source of income may charge the payer a fee of $2.00 each time the source of income withholds payment from the payer, but not to exceed $4.00 per month.
(4) The fee authorized in subsection (3) shall be collected separately and apart from the income withheld for child support.
(5) Charging or collecting a fee under subsection (3) is not a violation of subsection (1).