Section 552.637 - Order of commitment.
SUPPORT AND PARENTING TIME ENFORCEMENT ACT (EXCERPT)
Act 295 of 1982
552.637 Order of commitment.
Sec. 37.
(1) An order of commitment under section 33 or 35 shall be entered only if other remedies appear unlikely to correct the payer's failure or refusal to pay support.
(2) An order of commitment under section 33 shall separately state both of the following:
(a) The amount of the arrearage under the support order.
(b) The amount to be paid by the payer in order to be released from the order of commitment, which amount may not be greater than the payer's currently available resources as found by the court.
(3) An order of commitment under section 35 shall separately state both of the following:
(a) The amount of arrearage under the support order.
(b) The amount to be paid in order to be released from the order of commitment.
(4) A commitment shall continue until the amount ordered to be paid under subsection (2)(b) or (3)(b) is paid but shall not exceed 45 days for the first adjudication of contempt or 90 days for a subsequent adjudication of contempt.
(5) The court may further direct that a portion or all of the earnings of the payer in the facility or institution shall be paid to and applied for support until the payer complies with the order of the court, until the payer is released pursuant to this section from an order of commitment, or until the further order of the court. If it appears that the department has contributed towards the support of the minor child or children during the period of noncompliance with the order of the court, the court, in the contempt proceedings, may order all or part of a lump sum payment to the office of the friend of the court, state disbursement unit, or county clerk to be paid to the department not to exceed the amount of the contribution made by the department. The court may order the money paid to the person or persons entitled to the money in weekly or monthly installments by the office of the friend of the court, SDU, or county clerk to the extent that the court considers installments necessary for support.
History: 1982, Act 295, Eff. July 1, 1983 ;-- Am. 1999, Act 160, Imd. Eff. Nov. 3, 1999
Constitutionality: An indigent defendant may not be incarcerated following a contempt proceeding for failure to pay child support where the assistance of counsel has been denied. Mead v Batchlor, 435 Mich 480; 460 NW2d 493 (1990).