552.609 Order of income withholding; service; notice.

368 words·~2 min read·/mi/chapter-552/552-609

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 9.

(1)A notice of income withholding entered under this act shall be served on sources of income as provided in section 11. A labor organization that assigns a member to work shall forward a copy of an income withholding notice served on the labor organization to the actual employer.

(2)A notice served under this section shall do all of the following:

(a)Direct sources of income to withhold from income due the payer an amount sufficient to meet the payments ordered for support, service fees, fines, costs, and sanctions and to defray arrearages in payments and service fees due at the time the order of income withholding takes effect.

(b)Direct that the amount withheld for support, fees, health care coverage premiums, fines, costs, and sanctions as ordered under the friend of the court act or this act shall not exceed, before 90 days after the effective date of the amendatory act that added subsection (3), the amount allowed under section 303(b) of title III of the consumer credit protection act, 15 USC 1673, or, on or after 90 days after the effective date of the amendatory act that added subsection (3), 50% of the payer's disposable earnings as that term is defined in 15 USC 1672.

(c)Contain a statement of the requirements of sections 11, 11a, 12, 13, 14, and 23.

(d)Direct that income withheld under the notice be paid to the office of the friend of the court or to the state disbursement unit, as appropriate, within 3 days after the date of the withholding.

(3)A person that serves a notice of income withholding under this section shall send separate notices for income withholding for support, fees, fines, costs, and sanctions ordered to be paid under title IV-D and support, fees, fines, costs, and sanctions not ordered to be paid under title IV-D.

History: 1982, Act 295, Eff. July 1, 1983 ;-- Am. 1985, Act 210, Eff. Mar. 1, 1986 ;-- Am. 1998, Act 334 , Imd. Eff. Aug. 10, 1998 ;-- Am. 1999, Act 160 , Imd. Eff. Nov. 3, 1999 ;-- Am. 2009, Act 193 , Imd. Eff. Dec. 28, 2009