SUPPORT AND PARENTING TIME ENFORCEMENT ACT (EXCERPT)
Act 295 of 1982
552.631 Failure or refusal to obey and perform support order; civil contempt proceeding; failure to appear; bench warrant; bond or cash deposit; custody; payment and disposition of costs.
(1) If a person is ordered to pay support under a support order and fails or refuses to obey and perform the order, and if an order of income withholding is inapplicable or unsuccessful, a recipient of support or the office of the friend of the court may commence a civil contempt proceeding by filing in the circuit court a petition for an order to show cause why the delinquent payer should not be held in contempt. If the payer fails to appear in response to an order to show cause, the court shall do 1 or more of the following:
(a) Find the payer in contempt for failure to appear.
(b) Find the payer in contempt for the reasons stated in the motion for the show cause hearing.
(c) Apply an enforcement remedy authorized under this act or the friend of the court act for the nonpayment of support, including suspending the payer's occupational license, driver's license, or recreational or sporting license.
(d) Issue a bench warrant for the payer's arrest requiring that the payer be brought before the court without unnecessary delay for further proceedings in connection with the show cause or contempt proceedings.
(e) Adjourn the hearing.
(f) Dismiss the order to show cause if the court determines that the payer is not in contempt.
(g) Enter an order that a law enforcement agency render any vehicle owned by the payer temporarily inoperable, by booting or another similar method, subject to release on deposit of an appropriate bond.
(h) Place the payer under the supervision of the office for a term fixed by the court with reasonable conditions, including 1 or more of the following:
(i) Participating in a parenting program.
(ii) Participating in drug or alcohol counseling.
(iii) Participating in a work program.
(iv) Seeking employment.
(v) Participating in other counseling.
(vi) Continuing compliance with a current support or parenting time order.
(vii) Entering into and compliance with an arrearage payment plan.
(2) In a bench warrant issued under this section, the court shall decree that the payer is subject to arrest if apprehended or detained anywhere in this state and shall require that, upon arrest, unless the payer deposits a cash performance bond in the manner required by section 32, the payer shall remain in custody until the time of the hearing. The court shall specify in the bench warrant the cash performance bond amount. The court shall set the cash performance bond at not less than $500.00 or 25% of the arrearage, whichever is greater. At its own discretion, the court may set the cash performance bond at an amount up to 100% of the arrearage and add to the amount of the required deposit the amount of the costs the court may require under subsection (3). If a payer is arrested on a felony warrant issued for a violation of section 165 of the Michigan penal code, 1931 PA 328, MCL 750.165, unless the payer deposits a cash performance bond in the manner required by section 32, the court shall require that, upon arrest, the payer remain in custody until the time of the preliminary examination. Upon notification that a payer who has an outstanding bench warrant under this section has been arrested or arraigned on a felony warrant for a violation of section 165 of the Michigan penal code, 1931 PA 328, MCL 750.165, the court may order that the bench warrant be recalled.
(3) If the court issues a bench warrant under this section, except for good cause shown on the record, the court shall order the payer to pay the costs related to the hearing, the issuance of the warrant, the arrest, and any later hearings. Those costs and costs ordered for failure to appear under section 32 or 44 shall be transmitted to the county treasurer for distribution as required in section 2530 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2530.
History: 1982, Act 295, Eff. July 1, 1983
Am. 1983, Act 108, Imd. Eff. July 1, 1983
Am. 1996, Act 301, Eff. Jan. 1, 1997
Am. 2000, Act 442, Eff. Apr. 1, 2001
Am. 2002, Act 567, Eff. June 1, 2003
Am. 2004, Act 569, Imd. Eff. Jan. 3, 2005
Am. 2009, Act 193, Imd. Eff. Dec. 28, 2009
© 2009 Legislative Council, State of Michigan