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Automatic Support Enforcement
When support payments are more than one month past due, the Friend of the Court must begin enforcement action without waiting for a request for enforcement. Some enforcement begins immediately following entry of an order, including income withholding and enforcement of health insurance coverage.
Enforcement Methods
The FOC has several methods of collecting past due support, including those shown below.
Immediate Income Withholding
The FOC can require the support payer's employer (or other income source) to withhold some of the support payer's income and send the money to the MiSDU. The payer will be notified before the income withholding starts by receiving a copy of the income withholding notice. The FOC can administratively adjust (usually by increasing) the income withholding if there is an arrearage on the case, but the FOC office must first send the payer a notice of arrearage. The payer can object to the adjustment after receiving the notice of arrearage. The withheld amount cannot exceed 50% of the payer's disposable earnings.
Good Cause
Support orders must provide for income withholding even without a showing that the support payer has missed payments or is likely to do so. A court may not require income withholding only if it finds "good cause" for departing from the general rule. Good cause exists when the following is true:
Contempt of Court (Show-Cause Hearing)
If support is not paid on time, the FOC or a party may begin a contempt action against the payer. The court will order the payer to appear in court and "show cause" why the court should not find the payer "in contempt of court." If you fail to appear for a show-cause hearing, the court may issue a bench warrant for your arrest. If you are found in contempt of court, the penalties may include a fine up to $250, suspension of licenses, and/or jail time of up to 45 days (90 days for a second offense).
Income Tax Intercept
If child support is overdue and the case otherwise satisfies federal and state requirements, the FOC must request an income tax "intercept." In such cases, any tax refund to which the support payer is entitled will be paid to pay past due support.
Other Enforcement Remedies
If the payer is more than two months behind on the support payments, the FOC must report the arrearage to a consumer credit reporting agency. The court may also suspend the payer's driving, occupational, sporting, and/or recreational licenses. Also, the FOC may place a lien on the payer's real and personal property, which then can be sold to pay the support arrearage.
Enforcement Methods
The FOC has several methods of collecting past due support, including those shown below.
Immediate Income Withholding
The FOC can require the support payer's employer (or other income source) to withhold some of the support payer's income and send the money to the MiSDU. The payer will be notified before the income withholding starts by receiving a copy of the income withholding notice. The FOC can administratively adjust (usually by increasing) the income withholding if there is an arrearage on the case, but the FOC office must first send the payer a notice of arrearage. The payer can object to the adjustment after receiving the notice of arrearage. The withheld amount cannot exceed 50% of the payer's disposable earnings.
Good Cause
Support orders must provide for income withholding even without a showing that the support payer has missed payments or is likely to do so. A court may not require income withholding only if it finds "good cause" for departing from the general rule. Good cause exists when the following is true:
- All previously ordered support has been paid on time.
- The court makes a specific written finding that income withholding is not in the best interests of the child.
- The payer agrees to keep the FOC informed of the name, address, and telephone number of his/her current source of income, and about any health care coverage offered by the payer's employer or coverage that the payer purchases directly from a health insurer.
Contempt of Court (Show-Cause Hearing)
If support is not paid on time, the FOC or a party may begin a contempt action against the payer. The court will order the payer to appear in court and "show cause" why the court should not find the payer "in contempt of court." If you fail to appear for a show-cause hearing, the court may issue a bench warrant for your arrest. If you are found in contempt of court, the penalties may include a fine up to $250, suspension of licenses, and/or jail time of up to 45 days (90 days for a second offense).
Income Tax Intercept
If child support is overdue and the case otherwise satisfies federal and state requirements, the FOC must request an income tax "intercept." In such cases, any tax refund to which the support payer is entitled will be paid to pay past due support.
Other Enforcement Remedies
If the payer is more than two months behind on the support payments, the FOC must report the arrearage to a consumer credit reporting agency. The court may also suspend the payer's driving, occupational, sporting, and/or recreational licenses. Also, the FOC may place a lien on the payer's real and personal property, which then can be sold to pay the support arrearage.