Section 552.628 - Order to suspend payer's occupational, driver's, or recreational or sporting license; notice to payer.
SUPPORT AND PARENTING TIME ENFORCEMENT ACT (EXCERPT)
Act 295 of 1982
552.628 Order to suspend payer's occupational, driver's, or recreational or sporting license; notice to payer.
Sec. 28.
(1) For a friend of the court case, a payer's occupational license, driver's 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.
(2) Before seeking the suspension of a license described in subsection (1), an 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 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.
History: Add. 1996, Act 239, Eff. Jan. 1, 1997 ;-- Am. 1998, Act 334, Imd. Eff. Aug. 10, 1998 ;-- Am. 2002, Act 565, Eff. Dec. 1, 2002 ;-- Am. 2009, Act 193, Imd. Eff. Dec. 28, 2009