Michigan Laws 552.628 – Order to suspend payer’s occupational, recreational, sporting, or driver’s license; notice to payer
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Terms Used In Michigan Laws 552.628
- Friend of the court case: means that term as defined in section 2 of the friend of the court act, MCL 552. See Michigan Laws 552.602
- 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 552.602Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. 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 Office of the friend of the court: means an agency created in section 3 of the friend of the court act, MCL 552. 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 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) 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.