Michigan House Bill HB4661

Michigan 2023-2024 Regular Session

• Introduced: 5/24/23
• Refer: 5/24/23

Caption

Criminal procedure: bail; setting of bond related to spousal or child support arrearage; modify. Amends sec. 165 of 1931 PA 328 (MCL 750.165). TIE BAR WITH: HB 4655'23

Impact

If enacted, HB 4661 would significantly affect court proceedings related to support enforcement in Michigan. It modifies the existing statutory framework, increasing the potential consequences for non-compliance with support orders. This change is aimed at ensuring that support payments are made consistently, as unchecked non-payment can severely impact the financial well-being of recipients, most often children and former spouses. The bill’s stringent penalties reflect a commitment to uphold financial responsibilities as dictated by the courts.

Summary

House Bill 4661 seeks to amend the Michigan penal code specifically concerning the enforcement of spousal and child support payment orders. The bill outlines that individuals who fail to make payments as mandated by a court order for support can be charged with a felony. This charge is punishable by imprisonment for up to four years, a fine not exceeding $2,000, or both. A notable feature of this legislation is its requirement for individuals to post a cash bond upon arrest, which can be set at a minimum of $500 or 25% of the arrearage, fostering compliance with payment orders.

Contention

One point of contention surrounding HB 4661 is the imposition of criminal penalties for non-payment of civil support obligations. Critics may argue that labeling non-payment as a felony carries disproportionate consequences for individuals who may be in dire financial circumstances, raising ethical concerns about punishing poverty. Furthermore, the requirement for a cash bond could disproportionately impact lower-income individuals who may not have immediate access to funds, complicating their ability to resolve arrearages and further entrenching them in legal difficulties.