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 other enforcement actions will likely be tried first. 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 MI?

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 and felony non-support.

Contempt of court occurs when an individual disobeys a court order. 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, they have the authority to enter an order that sentences the parent to county jail.

In addition, a parent could be charged with felony non-support. This can result in criminal prosecution and a term of imprisonment for up to 4 years, as well as fines of up to $2,000. Fortunately, this is not a common result of missed payments. However, jail time is a real possibility.

How Else Can Child Support Be Enforced?

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 Friend of the Court (a program associated with the circuit court family division that assists the court administrator on issues related to family law) can implement a variety of enforcement tactics, including the following.

• 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

While these are more likely enforcement actions, jail time is always a possibility when you fail to make child support payments. For more information, consult a skilled attorney today.