FELONY NON-SUPPORT
The Prosecutor's Felony Non-Support Unit has already recovered more that $56 million in overdue child support.
The goals of the Felony Non-Support Unit ("FNS") is to collect money owed to children by non-custodial parents who have the ability to pay and to change the culture in the community that non-payment of support is acceptable or allowable.
Does Your Case Meet The Criteria?
- The Wayne County Friend of the Court is handling your case.
- At least one child is under 21 years of age.
- You are owed more than $5,000.
- You have good reason to believe the non-paying parent has a job and can pay support.
- Prior enforcement efforts have been unsuccessful.
- Non-Paying parent has been held in contempt by the court in the past.
How It Works
- Your case is approved for prosecution.
- A warrant is issued for the non-paying parent's arrest.
- The non-paying parent is contacted by the Wayne County Sheriff and given a chance to turn himself or herself in.
- If the individual submits to arrest voluntarily and pays the past due support, the warrant is dismissed.
- If not, the non-paying parent will be prosecuted to the fullest extent of the law.
Contact Information
Felony Non-Support Unit (313) 224-0465
Frequently Asked Questions
Q. How can I arrange to have my child's non-custodial parent charged for failure to pay child support?
A. First, call our Felony Non-Support Hot Line (FNS) at (313) 224-0465. Once a request for investigation is made a questionnaire and Authorization to Release Information is mailed to you if you are the custodial parent. When these documents are completed and returned to FNS, they are dated and filed by date of receipt. A letter will be sent acknowledging receipt of these documents. The questionnaires are reviewed in order of date received. Our general guidelines for prosecution are 1) at least $5,000 is owed directly to the custodial parent, 2) at least one child on the order is under the age of 21, 3) the non-custodial parent has the ability to pay, 4) there have been a number of enforcement attempts, 5) the non-custodial parent resides in Michigan, and 6) the Wayne County Circuit Court has jurisdiction over the child support order. A telephone interview will be conducted with every custodial parent who has submitted a questionnaire and release and are thereafter advised of our decision. The defendants who are prosecuted generally are those who we can prove beyond a reasonable doubt have the ability to pay child support, but simply choose not to for whatever reason. People who are disabled or are legitimately unable to work and pay support are not those who are charged in the first place.
Q. How do you determine if my child's non-custodial parent has the ability to pay child support, but simply will not for whatever reason?
A. The determination of whether an ability to pay exists is based on verifiable information provided by the custodial parent about the non-custodial parent's education, training, work experience, income and assets, as well as any records from the Friend of the Court. One of the purposes of our telephone interview with custodial parents is to help determine if the non-custodial parent has the ability to pay child support.
Q. What happens after the determination is made to prosecute my child's non-custodial parent for failure to pay child support?
A. Once we have charged a person with a felony, a letter is sent to the defendant's last known address informing him or her that a felony warrant has been issued for his/her arrest for failure to pay child support. The defendant is informed that he or she may make arrangements to turn himself/herself in and, if he/she pays 10% of the outstanding arrears or $2,500, whichever is less, to the Friend of the Court, a personal bond will be recommended at the time of the arraignment on the warrant. The alternative is arrest by law enforcement officers. A defendant will be arraigned on the warrant in the 36th District Court for the City of Detroit and will be given a pre-exam date. Pre-exams are held in Courtroom 204, Frank Murphy Hall of Justice, 1441 St Antoine, Detroit, MI 48226. In the event a preliminary examination is held, the custodial parent will be notified by telephone of the preliminary examination and will be expected to attend. If the case is not resolved by a plea agreement and trial is necessary, the custodial parent will be required to appear as a witness at trial as well.
Q. Are there any costs associated with felony prosecution for the custodial parent once a determination has been made to prosecute my child's non-custodial parent for failure to pay child support?
A. The Wayne County Prosecutor's Office does not charge any fee for felony prosecutions.
Q. What happens to the money collected as a result of the felony prosecution of my child's non-custodial parent for failure to pay child support?
A. All monies collected by the Wayne County Prosecutor's Office Felony Non-Support Unit by way of felony prosecutions are paid to the Friend of the Court and are paid out according to their guidelines (i.e., payments are applied directly to any outstanding arrears and current child support obligations). The Wayne County Prosecutor's Office does not receive any of the money collected as a result of any Felony Non-Support criminal prosecution.
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