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  1. #1
    Join Date
    Feb 2012
    Location
    California
    Posts
    3

    Default What Happens During Probation for Felony Non-Support

    My question involves child support in the State of: Michigan

    My ex was recently found guilty of felony non-support in Michigan. He was prosecuted through the State Attorney General's office. Our children are grown. He worked under the table to avoid paying support for years. He does not even let our children know his real address. He keeps a post office box. He thought because our youngest is in the military, and he has a "new" family, he would be forgiven all arrears. Obviously that didn't happen. He was given a suspended sentence until December 2012. I live out of state (in California) and was unable to to attend the hearings. I know he entered into some sort of plea agreement. My question is basically what generally happens during his probation. Is he expected to make payments on his arrears? I found a website that confirmed he is a probationer, and gives six rather general conditions for his probation. There is nothing said about paying his arrears as a condition of his probation.

    I know whatever information you might share would not be specific to my case, but any general information about what to expect when someone is on probation pending a suspended sentence for felony non-support in Michigan in would be greatly appreciated.

  2. #2
    Join Date
    Jul 2011
    Posts
    237

    Default Re: What Happens During Probation for Felony Non-Support

    Quote Quoting ImpossibleDreamr
    View Post
    My question involves child support in the State of: Michigan

    My ex was recently found guilty of felony non-support in Michigan. He was prosecuted through the State Attorney General's office. Our children are grown. He worked under the table to avoid paying support for years. He does not even let our children know his real address. He keeps a post office box. He thought because our youngest is in the military, and he has a "new" family, he would be forgiven all arrears. Obviously that didn't happen. He was given a suspended sentence until December 2012. I live out of state (in California) and was unable to to attend the hearings. I know he entered into some sort of plea agreement. My question is basically what generally happens during his probation. Is he expected to make payments on his arrears? I found a website that confirmed he is a probationer, and gives six rather general conditions for his probation. There is nothing said about paying his arrears as a condition of his probation.

    I know whatever information you might share would not be specific to my case, but any general information about what to expect when someone is on probation pending a suspended sentence for felony non-support in Michigan in would be greatly appreciated.
    Have you tried looking up your child support case through the county circuit court your case is in? Many counties in Michigan have the information for the cases online, you just put in a name on the case. Of the counties I have seen some have real good information and easy to see what has gone on, others are in there own little shorthand and hard to understand. But you would at least get information as to your case number, maybe the name of the prosecutor, which will help when trying to call the following-

    Have you called Friend of the Court in the county your case is in? They should still have the case and have any new information for it.

    Have you called the State Attorney General's office?

  3. #3
    Join Date
    Feb 2012
    Location
    California
    Posts
    3

    Default Re: What Happens During Probation for Felony Non-Support

    Thank you for trying to assist me. The case is based out of the 22nd Circuit Court (Washtenaw County) which apparently does not make case information available online (or at least I have not been able to find it so far) They do make public the court calendar and signed orders. I was unable to find a signed order listed for this case.

    The FOC does not have any new information for me. I was referred back to the MiCase website when I called them seeking information, which is where I learned that there has not been any new activity on the account such as a new income withholding order issued. It has been a month since his conviction so it appears that a new IWO is not going to be issued. He is probably claiming to be unemployed so it makes sense that an IWO could not be issued.

    I have called the State Attorney General's office and am still waiting for a call back. I did receive notices of each hearing and a case status update (this being that my ex was convicted of 1 Count of Child Support - Failing to Pay
    and will be sentenced in December of 2012.)

    I found out the terms of his probation by looking him up on the OTIS online information system. I was just concerned because paying what he owes does not appear in the listing of his probation terms (although I am still hopeful that published list is not a complete listing of his probation terms...perhaps it is just a condensed summary) . I realize that with my children being grown, payment on the account is probably not a big priority. It would just be nice to be able to finally be able to pay back the folks who helped my children and I out through the years (as well as perhaps be able do a few nice things for my children).

    Thank you so much for taking the time to share your suggestions with me. I appreciate it very much.

  4. #4
    Join Date
    Feb 2012
    Location
    California
    Posts
    3

    Default Re: What Happens During Probation for Felony Non-Support

    I actually got to speak with someone in the Attorney General's Office this morning. She was not certain of what the exact order is on the case, but she used the case notes to answer my questions. Interestingly, although I know he is on probation, her office has no record of his being placed on probation. (His probationary status is documented by OTIS)

    She said the case notes reflect a payment of $1k to be paid monthly (which has not happened so far), and if he gets his arrears balance down to 20k by his December court date, instead of being charged with felony non-support during his sentencing...the charge will be reduced to attempted felony non-support. This was a little confusing to me as he has already been found guilty of felony non-support via his plea agreement. Apparently the lesser charge is part of that agreement as well.

    I am not sure how accurately the case notes reflect the judge's actual order (considering his probationary status was not noted in the case notes), but at least I have some idea of what is supposed to transpire.

    Thank you again for your assistance gam.

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