750.165 Failure to support spouse or child as required by court order; violation as felony; penalty; applicability; cash bond; suspension of sentence; bond; order of restitution; "state disbursement unit" or "SDU" defined. Sec. 165.

(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 court in which the support order was issued had personal jurisdiction over the individual ordered to pay support. (3) Unless the individual deposits a cash bond of not less than $500.00 or 25% of the arrearage, whichever is greater, upon arrest for a violation of this section, the individual shall remain in custody until the arraignment. If the individual remains in custody, the court shall address the amount of the cash bond at the arraignment and at the preliminary examination and, except for good cause shown on the record, shall order the bond to be continued at not less than $500.00 or 25% of the arrearage, whichever is greater. At the court's discretion, the court may set the cash bond at an amount not more than 100% of the arrearage and add to that amount the amount of the costs that the court may require under section 31(3) of the support and parenting time enforcement act, 1982 PA 295, MCL 552.631. The court shall specify that the cash bond amount be entered into the law enforcement information network. If a bench warrant under section 31 of the support and parenting time enforcement act, 1982 PA 295, MCL 552.631, is outstanding for an individual when the individual is arrested for a violation of this section, the court shall notify the court handling the civil support case under the support and parenting time enforcement act, 1982 PA 295, MCL 552.601 to 552.650, that the bench warrant may be recalled. (4) The court may suspend the sentence of an individual convicted under this section if the individual files with the court a bond in the amount and with the sureties the court requires. At a minimum, the bond must be conditioned on the individual's compliance with the support order. If the court suspends a sentence under this subsection and the individual does not comply with the support order or another condition on the bond, the court may order the individual to appear and show cause why the court should not impose the sentence and enforce the bond. After the hearing, the court may enforce the bond or impose the sentence, or both, or may permit the filing of a new bond and again suspend the sentence. The court shall order a support amount enforced under this section to be paid to the clerk or friend of the court or to the state disbursement unit. (5) An order for restitution for a violation of this section shall not include a separate award for the unpaid amount in arrearage under the support order. The restitution order shall reference the support order and direct the individual to pay the unpaid amount in arrearage under the support order pursuant to the support order. The court may impose such terms and conditions in the restitution order as are appropriate to ensure compliance with payment of the arrearage due under the support order. The court may order additional restitution as provided under the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834. (6) As used in this section, "state disbursement unit" or "SDU" means the entity established in section 6 of the office of child support act, 1971 PA 174, MCL 400.236.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1939, Act 89, Eff. Sept. 29, 1939 ;-- CL 1948, 750.165 ;-- Am. 1999, Act 152, Imd. Eff. Nov. 3, 1999 ;-- Am. 2004, Act 570, Imd. Eff. Jan. 3, 2005 ;-- Am. 2014, Act 377, Eff. Mar. 17, 2015 Former Law: See section 1 of Act 276 of 1917, being CL 1929, § 12781.

Simplified Explanation of Michigan Penal Code Section 750.165

This section of the Michigan Penal Code addresses the failure to pay court-ordered child or spousal support.

1. Penalties for Nonpayment: If a person is ordered by the court to pay support for their former or current spouse or their child, and fails to do so, they can be found guilty of a felony. This can result in up to 4 years in prison, a fine of up to $2,000, or both.
2. Jurisdiction Requirement: This law only applies if the court that issued the support order had personal jurisdiction (the authority) over the person who was ordered to pay support.
3. Cash Bond upon Arrest: Upon arrest for violating this law, the person must deposit a cash bond of at least $500 or 25% of the support owed, whichever is higher, or else remain in custody until arraignment (the formal reading of charges in court). The court can decide to set the bond amount up to 100% of the support owed plus potential costs under certain conditions.
4. Suspension of Sentence: If a person convicted under this law posts a bond in an amount determined by the court, the court can suspend their sentence. The bond must be conditioned on the person's compliance with the support order. If the person fails to comply with the order, the court can require them to appear and justify why the sentence should not be imposed and the bond enforced.
5. Order of Restitution: If a person is ordered to pay restitution (compensation for harm caused) for a violation of this law, the restitution should not include a separate award for the unpaid support. The restitution order will refer to the support order and instruct the person to pay the unpaid support according to the support order.
6. State Disbursement Unit: This law refers to a "state disbursement unit" or "SDU", which is the entity established under the Office of Child Support Act to manage the distribution of support payments.

Please remember, this is a simplified interpretation of the law and should not be used as legal advice. Always consult with a legal professional for matters relating to law.