Can I Face Jail Time for Not Paying Child Support in Michigan?

Child support is a crucial part of family law, ensuring that both parents contribute financially to the growth and care of their children, regardless of their relationship with one another. But what happens when the non-custodial parent fails to make their payments? You could face jail time for not paying child support in Michigan, though the court will likely try other enforcement efforts before considering incarceration. To learn more, continue reading and work with an Upper Peninsula criminal defense lawyer today.

Can I Face Jail Time for Not Paying Child Support in Michigan?

Yes, you could face jail or prison time for failing to pay child support in Michigan. There are generally two charges you can face for missed payments:

• Contempt of court
• Felony non-support

Michigan courts reserve the right to impose jail time when a parent has the means to pay child support but intentionally refuses to comply with the court order.

In Michigan, including the Upper Peninsula and Marquette County, the courts generally distinguish between parents who cannot pay due to legitimate financial hardship and parents who intentionally refuse to comply despite having the financial capacity to do so.

What Is Contempt of Court for Unpaid Child Support?

When a parent fails to comply with court-ordered child support, the Michigan court may hold the parent in contempt of court

Under MCL Section 552.633, the court can find the non-custodial parent in contempt of court if they are in arrears and one or more of the following circumstances apply.

• The court is satisfied that the payer has the capacity to pay out of currently available resources all or some portion of the amount due under the support order
• The court is satisfied that by the exercise of diligence, the payer could have the capacity to pay all or some portion of the amount due under the support order, and that the payer fails or refuses to do so
• The payer has failed to obtain a source of income and has failed to participate in a work activity after referral by the friend of the court

If the court finds the individual in contempt, the judge may impose:

• Time spent in county jail
• Imposition of a payment plan
• Probation conditions
• Additional court enforcement measures

What Is Felony Non-Support in Michigan

Michigan also imposes penalties for certain child support violations as felony non-support. In the event that a parent intentionally fails to provide support for their child in accordance with a court order, the following penalties are a possibility:

• Up to four years in prison
• Fines of up to $2,000
• Criminal probation
• Ongoing repayment obligations

While felony non-support charges are typically uncommon, they are a serious legal risk for parents who have accumulated considerable outstanding arrears or multiple violations.

How Does Michigan Enforce Child Support Orders?

Jail is not generally the first option that courts turn to to enforce child support payments. It is relatively uncommon for a parent to actually be charged with contempt and sentenced to a term of imprisonment. Instead, the Michigan Court and the Friend of the Court (a program associated with the circuit court family division that assists the court administrator on issues related to family law) will attempt a number of enforcement options before seeking to have a non-paying parent incarcerated. As such, the state can utilize both civil and administrative measures to collect unpaid support and encourage compliance.

Common Child Support Enforcement Actions in Michigan

• Income withholding
• Tax refund offset
• Property liens or levies
• Reporting to a consumer credit reporting agency
• Passport denial
• QRDO (Qualified Domestic Relations Order) against a private pension account
• Surcharges on arrears
• Driver’s license suspension, in some instances

These penalties are often imposed by the courts before jail time is considered.

What Does the Michigan Friend of the Court Do?

As mentioned, the Friend of the Court is a system that assists judges in the family division with enforcing child support orders and monitoring compliance. Common responsibilities include:

• Tracking support payments
• Initiating enforcement proceedings
• Reviewing payment history
• Referring parents to employment programs
• Scheduling enforcement hearings
• Assisting with payment modification petitions

Can You Avoid Jail for Unpaid Child Support?

It’s critical to understand that, in the Upper Peninsula and throughout Michigan, jail can be avoided by proactively addressing missed payments and discussing matters with the court before arrears accumulate to severe amounts.

Steps That May Help Prevent Jail Time

• Request a child support modification after losing your job or becoming disabled
• Make partial payments when possible to show good faith
• Maintain proof of income and evidence of financial hardship
• Attend all scheduled court hearings
• Cooperate with requests from the Friend of the Court and Family Courts
• Avoid international nonpayment
• Do not conceal assets

Contact a Marquette County Criminal Defense Attorney Today

While these are more likely enforcement actions, jail time is always a possibility when you fail to make child support payments. That is why it’s in your best interest to connect with an experienced Upper Peninsula attorney at Berger Law. For more information, contact our skilled legal team today.