Friend of the Court

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 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.