Michigan Laws 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
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Terms Used In Michigan Laws 552.625c
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Financial institution: means any of the following:
(i) A state or national bank. See Michigan Laws 552.602Insurer: means an insurer, health maintenance organization, health care corporation, or other group, plan, or entity that provides health care coverage in accordance with any of the following acts:
(i) The public health code, 1978 PA 368, MCL 333. See Michigan Laws 552.602Lien: A claim against real or personal property in satisfaction of a debt. Office of child support: means the office of child support established in section 2 of the office of child support act, 1971 PA 174, MCL 400. See Michigan Laws 552.602 Payer: means an individual who is ordered by the circuit court to pay support. See Michigan Laws 552.602 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o 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 552.602Support order: means an order entered by the circuit court for the payment of support, whether or not a sum certain. See Michigan Laws 552.602
(1) A remedy provided by this section is cumulative and does not affect the availability of another remedy under this act or other law.
(2) If an arrearage has accrued in an amount that exceeds 2 times the monthly amount of periodic support payments payable under a payer‘s support order, the title IV-D agency may levy against any of the following items subject to a lien under section 25a to which the payer is entitled:
(a) Financial assets held by a financial institution.
(b) Money to be paid by an insurer as the result of a claim for negligence, personal injury, or death, under an arbitration award, or under a settlement of or judgment issued in a civil action.
(c) Compensation under a worker’s compensation order, settlement, redemption order, or voluntary payment.
(3) To levy against a payer’s financial assets, money to be paid, or compensation, the title IV-D agency shall serve the financial institution holding the financial assets, the insurer, or the carrier with a notice of the lien and levy, directing the financial institution, insurer, or carrier to freeze those financial assets or that money or compensation. The office of child support, in consultation with the state court administrative office, shall create the form that is required for the notice to a financial institution, insurer, or carrier under this subsection. The form shall include, or provide for inclusion of, at least all of the following:
(a) The levy amount.
(b) Information that enables the financial institution, insurer, or carrier to link the payer with his or her financial assets, money to be paid, or compensation and to notify the payer.
(c) Information on how to contact the title IV-D agency.
(d) Statements setting forth the rights and responsibilities of the financial institution, insurer, or carrier and payer.
(4) A title IV-D agency may withdraw a levy under this section at any time before the circuit court considers or hears the matter in an action filed under section 25f. The title IV-D agency shall give notice of the withdrawal to the payer and financial institution, insurer, or carrier. Upon receiving notice of a withdrawal of a levy, the financial institution, insurer, or carrier shall release the payer’s financial assets, money to be paid, or compensation by the close of business on 1 of the following days:
(a) If the notice is received before noon, the first business day after the business day on which the notice is received.
(b) If the notice is received at noon or later, the second business day after the business day on which the notice is received.