Legal Question in Family Law in Michigan
Felony Failure to pay Child Support
My child's father plead guilty to the charge of felony failure to pay child support and was sentenced to 5 yrs. probation. MI statuatory requirements set a payment of $811.90 per month, however my local FOC office continuously approves a reduced (amended) amount which allows him to pay a total of $503.50 per month in current and past due support. The father has never complied with full payment of the reduced amount and has violated probation twice in the past year, (failure to report address, failure to pay, disappeared completely, etc.) He usually ends up arrested after a few months and back in front of the court at which time he is allowed to post a small bond, then released and the whole thing starts all over again. This is not a matter of his inability to pay. He works under the table, hides assets, etc. This is a 10 year behavior pattern that has resulted in a $25,000 arrearage based on an imputed minimum wage support amount of $70 per week. I believe my local FOC office is grossly inefficient. When I complained, I was advised to request a judge's review and a citizen's advisory committee. Neither request received a response. My question is: What is my recourse now?
2 Answers from Attorneys
Re: Felony Failure to pay Child Support
If you're child support order is in Michigan I recommend hiring an experienced family law attorney to go after the deadbeat.
Re: Felony Failure to pay Child Support
Unfortunately most FOCs are inefficient or are so overwhelmed that they simply cannot devote enough attention to each case. If you are talking about Wayne County, MI, then yes, it is grossly inefficient. You can take your own action by hiring an attorney to file the appropriate motions with the family court to have the father held in contempt for falling behind and having an outstanding arrearage.
If you think the father has the money or is hiding income, it is probably worth paying a lawyer to look into. If he doesn't have a lot of income and is paying as much as he can, then it's not worth it to have an order of enforcement, when he doesn't have any money.
You are also entitled to request an FOC investigation into his income, etc., if one hasn't been performed recently or if there has been a change in circumstances (i.e., he got a higher paying job, etc)
If you decide you want a motion file, please feel free to contact me at 248.644.8771. thanks.
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