FAILURE TO PAY CHILD SUPPORT

Failure to pay child support in Michigan is a felony offense that often leads to jail. Of particular note is section (3) which requires the posting of 25% of the arrearage as bond. The proposition of sitting in jail until the conclusion of your case is one that very few people find appealing. You need an attorney who will fight for you: Jeff Buehner is a former Oakland County Prosecutor who has the knowledge, experience and skills to protect you. Give him a call at (248) 865-9640 or fill out our Free Case Evaluation Form below.

(1) If the court orders an individual to pay support for the individual's former or current spouse, or for a child of the individual, and the individual does not pay the support in the amount or at the time stated in the order, the individual is guilty of a felony punishable by imprisonment for not more than 4 years or by a fine of not more than $2,000.00, or both.

(2) This section does not apply unless the individual ordered to pay support appeared in, or received notice by personal service of, the action in which the support order was issued.

(3) Unless the individual deposits a cash bond of not less than $500.00 or 25% of the arrearage, whichever is greater, upon arrest for a violation of this section, the individual shall remain in custody until the arraignment. If the individual remains in custody, the court shall address the amount of the cash bond at the arraignment and at the preliminary examination and, except for good cause shown on the record, shall order the bond to be continued at not less than $500.00 or 25% of the arrearage, whichever is greater. At the court's discretion, the court may set the cash bond at an amount not more than 100% of the arrearage and add to that amount the amount of the costs that the court may require under section 31(3) of the support and parenting time enforcement act, 1982 PA 295, MCL 552.631.

(4) The court may suspend the sentence of an individual convicted under this section if the individual files with the court a bond in the amount and with the sureties the court requires. At a minimum, the bond must be conditioned on the individual's compliance with the support order. If the court suspends a sentence under this subsection and the individual does not comply with the support order or another condition on the bond, the court may order the individual to appear and show cause why the court should not impose the sentence and enforce the bond. After the hearing, the court may enforce the bond or impose the sentence, or both, or may permit the filing of a new bond and again suspend the sentence. The court shall order a support amount enforced under this section to be paid to the clerk or friend of the court or to the state disbursement unit.

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Assault & Battery, Aggravated Assault, Embezzlement, Non-Sufficient Funds Check, Negligent Homicide, Indecent Exposure, Larceny, Malicious Destruction of Property, Retail Fraud, Receiving & Concealing Stolen Property, Possession of Marijuana, Domestic Violence, Uttering & Publishing, Probation Violations, OWI. Felonious Assault, Assault with Intent to Murder, Assault with Intent to Do Great Bodily Harm, 3rd Offense Drunk Driving/OWI, Embezzlement, Failure To Pay Child Support, Larceny, Home Invasion, Fraud, Fraudulent Use of a Credit Card, Forgery, Uttering & Publishing, Identity Theft, Negligent Homicide, Indecent Exposure, Malicious Destruction, Carrying a Concealed Weapon, Repeat Offender Domestic Violence, Fleeing & Eluding, Receiving & Concealing Stolen Property Arson