License Suspension
Federal
Federal law requires procedures under which the State has authority, in
appropriate cases, to withhold or suspend, or to restrict the use of,
driver licenses, professional and occupational licenses, and recreational
licenses (e.g. hunting and fishing) of individuals owing overdue support.
Michigan Law
State laws establish occupational and driver license suspensions for non-payment
of child support and/or violations of parenting time orders. The Support
and Parenting Time Enforcement Act (Michigan
Law MCLA 552.601 et seg) permits the suspension of licenses for the
non-payment of support. Payers who receive a proposed license suspension
may enter into a stipulated payment order to avoid the suspension. Payers
who receive a notice of a proposed license suspension may enter into a
stipulated payment order to avoid the suspension. If the license(s) have
been suspended, the payer may make arrangements with the Friend of the
Court for reinstatement of the license(s).
Definitions
"Occupational license" is defined (Michigan
Law MCLA 552.602) as "a certificate, registration, or license
issued by a state department, bureau, or agency that has regulatory authority
over an individual that allows an individual to legally engage in a regulated
occupation or that allows the individual to use a specific title in the
practice of an occupation, profession, or vocation."
Procedure
Michigan
Law MCLA 552.628 provides for suspension of occupational, driver,
or recreational or sporting licenses for failing to pay child support.
If an arrearage has accrued in an amount greater than 2 months of the
amount charged under a support order the court may suspend the licenses.
The order rescinding the suspension does not automatically reinstate the license. The Friend of the Court will send the order rescinding to the Secretary of State and other appropriate Licensing agencies notifying them the license may be reinstated. This will allow the person the ability to apply for the return of the license. There may also be a fee charged by the licensing agency to reinstate the license.
Michigan Law MCLA 552.644 provides for conditional suspension of licenses upon noncompliance with an order for makeup and ongoing parenting time.
Each law mentioned above is linked to the Michigan Legislature for review of the appropriate laws that govern the process. Links to the State Court Administrative Office, Secretary of State and the Kent County Legal Assistance Center are provided to better assist you in obtaining information.
