Bill Text: MI HB5850 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Traffic control: driver license; suspension of driver license for non-payment of child support; modify. Amends sec. 28 of 1982 PA 295 (MCL 552.628).
Spectrum: Moderate Partisan Bill (Democrat 29-5)
Status: (Passed) 2020-12-31 - Assigned Pa 379'20 [HB5850 Detail]
Download: Michigan-2019-HB5850-Engrossed.html
Substitute For
HOUSE BILL NO. 5850
A bill to amend 1982 PA 295, entitled
"Support and parenting time enforcement act,"
by amending section 28 (MCL 552.628), as amended by 2009 PA 193.
the people of the state of michigan enact:
Sec. 28. (1) For a friend of the court case, a payer's
occupational license, driver's driver license,
or recreational or sporting license, or
any combination of the licenses , may be suspended if
all of the following circumstances are true:
(a) An arrearage has
accrued in an amount greater than the amount of periodic support payments
payable for 2 months under the payer's support order.
(b) An order of income
withholding is not applicable or has been unsuccessful in assuring regular
payments on the support obligation and regular payments on the arrearage.
(c)
The court has conducted an ability to pay assessment and determined that the
payer has an ability to pay the support but is willfully not making his or her
support payments.
(d)
The office of the friend of the court has exhausted all other enforcement
mechanisms before seeking the suspension of a driver license.
(2) Before seeking the
suspension of a license described in subsection (1), an the office
of the friend of the court shall send the payer a notice that includes all of
the following information:
(a) The amount of the
arrearage.
(b) That the payer's
occupational license, driver's driver
license, or recreational or
sporting license, or any combination of the licenses , may
be subject to suspension.
(c) That a suspension
order or notice will be sent to the licensing agency unless the payer responds
by paying the arrearage or requesting a hearing within 21 days after the date
of mailing the notice.
(d) That, if a hearing is
requested, the payer may do either of the following at the hearing:
(i) Object to the proposed suspension based on a mistake of
fact concerning the overdue support amount or the payer's identity.
(ii) Ask the court to
order a schedule for the payment of the arrearage.
(e) That, if the payer believes that the amount of support ordered should be modified due to a change in circumstances, the payer may file a petition with the court for modification of the support order.
