Failure To Pay Child Support = Felony

If you are ordered by the court to pay child support and you do not pay the support in the amount or at the time stated in the court order, you’ve just commited a felony.   This felony is punishable by up to 4 years of imprisonment, by a fine of up to $2,000, or both. MCL 750.165

In order to bond out before the arraignment, you will be required to post a bond of 25% of the arrearage or at least $500.00, whatever amount is higher.  If you are unable to do so, the court will address the issue of bond at the arraignment and preliminary examination.  Unless good cause is show on the record, the court has to order the bond to continue at the amount of 25% of the arrearage or at least $500.00, whatever amount is higher.

If convicted the court may suspend your sentence if you file with the court a bond with the amount and sureties the court requires.  At minimum, the bond must be conditioned on your compliance with the support order.

If the court does suspend your sentence, but you do not comply with the support order or another condition of the bond, the court may have a show cause hearing where you will have to appear and show cause why the court should not impose the sentence and enforce the bond.  After the hearing, the court may enforce the bond, impose the sentence, both, or may permit the filing of a new bond and again suspend the sentence.

This felony child support statute is one of strict liability, this means that a defendant cannot assert a defense at trial of the inability to pay.

If you have questions about child support please contact David Lutz at (248) 624-5500


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Filed under Child and Spousal Support, David Lutz

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