Michigan Child Support Enforcement Resource Center

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Michigan Child Support Enforcement Resource Center

Even if the non-custodial parent lives outside the state of Michigan, the law requires cooperation between states. The non-custodial parent is legally required to make regular child support payments, regardless of where they live.

Michigan Support Enforcement Measures

If a non-custodial parent does not pay child support, he or she is subject to enforcement measures in accordance with Federal and Michigan child support law to collect regular and past-due payments.

  • Income withholding orders – new employers are identified through new hire reporting and notified to withhold income
  • Medical support to notice provide for a specific dollar amount to be deducted for medical purposes
  • State and federal tax offset
  • Lein/levy process against real or personal property, and/or financial assets
  • Professional licenses, driver’s licenses and hunting and fishing licenses can be revoked
  • Reporting to a consumer credit reporting agency
  • Bench warrant may be issued, which requires a dollar amount be paid prior to release

Who Can Enforce Court Ordered Child Support in Michigan?

The Michigan Office of Child Support is the state-run child support enforcement office for Michigan. The Michigan Department of Human Services is required by federal law to provide services through Office of Child Support (OCS) and is funded by the federal government and the state of Michigan.

MICHIGAN OFFICE OF CHILD SUPPORT CASELOAD STATISTICS1
Full Time Equiv. Staff 2,518
Total Caseload 1,043,274

1 U.S. Office of Child Support Enforcement, Boxscores for FY 2005

Support Collectors Collects Past Due Child Support in Michigan

If the Michigan Office of Child Support isn’t getting the results you want or you don’t feel they’re giving your case the personal attention it deserves, Support Collectors can help.

Support Collectors has developed a proven system that teams attorneys, investigators and enforcement specialists to work your case from every possible angle. We work nationwide and our only business is collecting support. Our success rate is up to three times better than the Michigan OCS and we never charge you a cent unless we put money in your hands.

Interest on Missed Child Support Payments

Charging interest on child support debts is against Michigan law. However, a surcharge is assessed twice a year on all unpaid support showed owing on January 1 and July 1 less an amount equal to one month’s support. The surcharge is based on the average interest paid at auction for five year United States Treasury notes [T-Note] for six months preceding January 1 and July 1, plus one percent. Surcharge calculation is ([T-Note Amount + 1]/2/)/100. Surcharges assessed prior to January 15, 2004 will compound, however, surcharge assessed after January 15, 2004 will no longer compound. Surcharges will not be assessed on any support ordered before the orders issue date. This applies to orders where the issue date is after July 1, 2004.

If retroactive support is ordered to be paid in periodic payments, those payments which come due and remain unpaid are subject to surcharge.

Michigan’s Statute of Limitations on Back Child Support Payments (Arrears)

The Michigan statute of limitations on enforcement of child support is 10 years after last obligation due.

Michigan’s Statute of Limitations for Determination of Paternity

Michigan law states that paternity must be established before the child’s 18th birthday.

Age of Emancipation / Age of Majority in Michigan

The age of emancipation in Michigan is 18 years of age. (MCL 722.3 MCL 722.3a status of Minors Act)

Duty to provide child support is usually discontinued at age of majority, but the court may order a parent to pay support beyond 18. Support may be extended until until age 19 1/2 while completing high school, or beyond age 19 1/2 by agreement of all parties involved.

How Are Child Support Payment Amounts Determined in Michigan?

Child support payment amounts are determined in Michigan using guidelines established under state law. The guidelines are based on monthly net income. The court reviews child support agreements to make sure the guidelines are applied correctly and the amount of child support is appropriate to the situation.

The court may elect not to use the income guidelines to determine the amount of child support. When parents have joint physical custody, shared custody, or split custody of a child, the determination of child support may not fit the formula. The Michigan Child Support Formula manual may be found on the following website:
http://courts.michigan.gov/scao/services/focb/mcsf.htm

Custody and Visitation Issues

Child support and visitation rights are separate issues. The court determines both and will usually order the non-custodial parent to pay support and the custodial parent to make the child available for visits.

The custodial parent must obey the court order for visitation, even if the non-custodial parent cannot or will not pay child support. The court can enforce any of its orders against either parent.

You Have Options

Any custodial parent not receiving public assistance may contract with a child support collection agency such as Support Collectors, or hire a private attorney, and at the same time have a case open with the Michigan Office of Child Support. We work harder to collect the child support you are owed.

Collecting support is all we do and we give you the personalized, dedicated attention that your case deserves. Call us at (888) 729-6661 or get started online right now! We don’t charge a cent until we put money in your pocket.