Notification that enforcement action has begun is typically by letter or notice to the payer of support that an arrearage has been identified and that this outstanding balance requires action. Failure to respond to this request brings further action with an appointment set with a case manager to address the issue. If no resolution can be reached at this point, then the case may be subject to additional enforcement actions, including among other resolutions, referral to an Order to Show Cause (OTSC) hearing.

Enforcement (OTSC) Hearings

Both parties will be notified by mail of a scheduled OTSC hearing. On hearing day, a case manager may meet with the parties involved prior to the hearing to gather information and/or to resolve the non-compliance. At the OTSC hearing, an FOC staff member will present information from the FOC record to the Judge hearing the case, and the Judge will make the actual decision as to the disposition. The FOC does not directly represent either party in these proceedings. Additional information regarding OTSC hearings can be found in the FOC brochure, “Helpful Information to Prepare you for your Order to Show Cause Hearing”.

Additional Enforcement Actions

• A bench warrant and petition to suspend a payer’s driver’s, occupational, and/or recreational (hunting/fishing) license(s) may be requested for non-appearance at a court-ordered hearing or for non-compliance with an enforcement hearing disposition. Once the bench warrant is issued, the case is then transferred to the bench warrant department for all case management and enforcement functions. The Bench Warrant department is responsible for the case until the bench warrant is resolved or dismissed by either arrest or disposition of the order which may include payment, or other arrangements. Once the bench warrant has been resolved, the case is returned to the assigned case manager in the Enforcement Department.
• The law allows the FOC to place a lien against property owned by the payer of support when an arrearage has accrued. Garnishments may also be served against a delinquent payer’s inheritance.
• A commonly used enforcement remedy is the interception of a payer’s state and federal tax refunds.
• An additional tool for the prosecution of certain non-payers of child support, the Michigan Attorney General assists with felony prosecution of non-payers.
• An additional tool for the prosecution of certain non-payers of child support, the Michigan Attorney General assists with felony prosecution of non-payers. A custodial parent can fill out the Felony Non-Support – Custodial Parent Questionnaire and mail it to the AG’s office. Their address is:
  Department of Attorney General
  Child Support Division
  PO Box 30758
  Lansing, MI 48909-8258.