- A Michigan court will issue a child support order based on the parents' total combined income. The support amount is then proportioned in accordance with the owing parent's percentage of that income. The court can then increase the amount based on the number of children in need of support or if a child has any special needs that cause the custodial parent to incur extraordinary expenses.
- A parent can be arrested if he fails to make his child support payments. In Michigan, a district court judge will order the parent to post a minimum bond of $500 in cash. The bond required is often 25 percent of the child support owed, but the court can order that the full amount of back support be posted, especially if the parent is a habitual offender. A parent who does not post bond will remain in jail until trial.
- In order for a Michigan court to find a parent guilty of failure to pay child support, the parent's failure to pay must be willful. This means that the parent is intentionally withholding payments, despite an ability to meet his obligation. A parent who is unemployed and unable to pay cannot be found guilty for failure to pay. The failure to pay child support is a felony in Michigan. Upon conviction, Michigan’s sentencing guidelines permit the court to order the parent to pay a fine of up to $2,000. Alternatively, or in addition, the parent also faces up to four years in prison. The judge will issue these penalties based on the parent's criminal history (especially as it relates to failure to pay child support) and the parent's apparent willingness to comply with the support order in the future. Lastly, the full amount of past due support must also be paid. A parent who habitually fails to pay support can serve many years in prison and owe significant fines if criminal charges continue to be brought.
- The court is not required to sentence the parent to prison time or order payment of fines. Putting a parent in prison makes him unable to work, taking away any income that could have satisfied the child support obligation. Instead, there are also civil remedies available to collect owed support. In Michigan, the judge can appoint a "Friend of the Court" to submit an income withholding order, which requires the parent's employer to deduct up to 50 percent of the parent's income. The Friend of the Court collects those funds and transfers them to the other parent. Additionally, federal and state tax refunds are seized to pay any support owed. Lastly, liens can be placed on bank accounts, preventing a parent from withdrawing and hiding available assets. These remedies often provide a better result and owed support is paid.
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