New felony non-support case decided by Michigan COA

Felony nonsupport charges are increasing in Michigan as Attorney General Cox cracks down on deadbeat parents. (Note, I do not use the phrase deadbeat dads. Plenty of payee parents are dads, and the deadbeats are moms.)

The Michigan Court of Appeals decided People v Herrick, Docket No. 271882 (for publication) on November 27, 2007. In Herrick, the defendant was charged with felony nonsupport for failing to pay court-ordered child support for his two children between November 7, 2000, and November 7, 2005. Following the preliminary examination, the district court found that there was sufficient evidence to bind defendant over for trial.

The defendant subsequently moved the trial court to quash the information arguing that  there was insufficient evidence to bind him over for trial because there was no evidence that he appeared at, or received notice by personal service of, the actions in which the support orders were issued, as required by MCL 750.165(2). The trial court granted defendant’s motion and dismissed without prejudice the charge against him. The prosecution appealed.

In affirming the trial court’s ruling, the COA stated that it was bound by the result in People v Monaco, 262 Mich App 596, 606 (2004) to the extent it was not overruled by the supreme court in Monaco II, [People v Monaco, 474 Mich 48 (2006)]. Clearly, said the COA, an element of felony nonsupport is notice of the proceedings in which the support order or orders were entered. Even were that not so, the clear language of the statute, MCL 750.165, compels this result.

(1) If the court orders an individual to pay support for the individual’s former or current spouse, or for a child of the individual, and the individual does not pay the support in the amount or at the time stated in the order, the individual is guilty of a felony punishable by imprisonment for not more than 4 years or by a fine of not more than $2,000.00, or both.

(2) This section does not apply unless the individual ordered to pay support appeared in, or received notice by personal service of, the action in which the support order was issued. [MCL 750.165.]

This result is entirely consistent with the concept of due process, which requires notice of the charges against a person and a fair hearing. How can a person have a fair hearing with an adequate opportunity to defend unless he or she has notice of the proceedings, and thus notice of the hearing?

You may read People v Herrick here.

Do you need help with a child support case? Find a Michigan Family Lawyer near you.

Comments

[Jeanne M. Hannah]

Have you attempted to use the USPS means of obtaining the address to which his mail is being forwarded? Visit USPS.com or go to your local post office for instructions on how to do this.

[Michelle]

Ok, that all is understandable, but what if the defendant failed to comply with the court order and did not provide a forwarding address?

[A. E.]

Ms. Hannah,

id also like to thank you for having such an informative site. be it known that since my order of support began in 1998, i have been totally current. in recent months i underwent an "automatic review" and upon sending the FOC my tax returns (im self employed), they decided that they didnt like my level of income and imputed a wage and hours upon me that i dont make and dont work.

unfortunately, i am self employed as a handy-man in this horrible economy which in and of itself prevents me from staying busy 40 hours per week. ALSO, i have a disease that i was diagnosed with in 2000 at the U of M Ann Arbor hospital. this disease also makes it very difficult to work sometimes and often aggrivates the symptoms of this disease. alas, the order was signed and increased to an ammount of $410 per month when in fact i live on $1000 per month (yes, very difficult). i dont even have a place to live because i cant afford it. i stay with a friend or have also sometimes slept in my truck. meanwhile, my sons mother lives on 3 acres in otsego county in a very nice house, not married, works for dads company. so, she can afford that, but my support gets raised to the point that i can even afford a place to live. absolutely, not cool.

this system is often very unfair, and i have recently received 3 letters from 3 different treating physicians which describe the nature and limitations of my disease (which is not curable). i have decided to hire an attorney to handle my case and get the support lowered. my hope is that with this new documentation from doctors, and the factual information on my tax returns, that i can get this support lowered...for a reasonable price for the attorney. i was wondering if you could recommend a good attorney for otsego county that may be able to handle this case for less than $2000. also, be it known...i live in the state of Wyoming. please send any helpful advice or recommendations to the email address i used when i submitted this post. thanks again, A

[Jeanne M Hannah]

Chuck, thanks for your comment. I firmly believe that knowledge is power. Everybody handles stressful family issues if they can find answers to their questions.

Jeanne

[Chuck]

To the Author, I.S. management and Jeanne Thank You for providing such a informitive site. As a victim of governmental and judicial "abuse" Your site has provided much information and insight as to the "truth of the matters" involving The Family Issues and the abuse of the law and our monatary governments.

Thank You
Chuck