Michigan Criminal Code: Non Payment and Desertion-Child Support

Discuss your case with an Attorney at no cost

Payments for care and support of wife or children; sworn statement

Published: 9 months ago

THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.162 Payments for care and support of wife or children; sworn statement. Sec. 162.

When any person is convicted under section 161 and sentenced to serve a term of imprisonment either in 1 of the state prisons or other penal institution, the warden of the prison or superintendent of said penal institution in which said person shall be confined shall, in case funds are available for such purpose, at the end of each and every week during the period of said term of imprisonment, pay over to any of the superintendents of the poor of the city or county in which the wife or children of such person resides, the sum of 2 dollars and 50 cents per week, if there be only a wife, and 75 cents per week additional for each minor child under the age of 17 years; if there be no wife and there are children under the age of 17 years, the sum of 2 dollars and 50 cents per week for the oldest child, and an additional sum of 1 dollar per week for each of the other children under said age in lieu of any earnings of such person while an inmate therein, said sums to be expended by said superintendent of the poor for the care and support of the wife or children of said person, as the case may be; and it shall be the duty of the superintendent of the poor of the city or county from which such person shall be committed to furnish the warden of the prison or superintendent of the penal institution in which said person is confined with a sworn statement, showing the names of the wife and children who are left dependent upon the city or county for support, their ages and the relation they bear to such convicted person.

Simplified Explanation of Michigan Penal Code Section 750.162

This section of the Michigan Penal Code addresses the financial support for the family of a person who has been convicted under section 161 (desertion and abandonment) and sentenced to imprisonment.

  1. Payments during Imprisonment: If there are funds available, the person in charge of the prison or penal institution where the convicted person is imprisoned must pay a certain amount every week for the care and support of the convict's spouse or children. These funds are given to the superintendent of the poor of the city or county where the convict's family lives.
  2. Amounts: The weekly payment amount is $2.50 if there is only a wife, with an additional 75 cents per week for each minor child under 17 years old. If there is no wife and there are children under 17, the payment is $2.50 per week for the oldest child and an additional $1 per week for each of the other children under 17. These amounts are meant to replace any earnings the convict might have made while in the institution.
  3. Use of Funds: The superintendent of the poor is responsible for using these funds for the care and support of the convict's wife or children.
  4. Sworn Statement: The superintendent of the poor from the city or county where the convict was convicted must provide the warden of the prison or the superintendent of the penal institution with a sworn statement. This statement must include the names of the convict's wife and children who are now dependent on the city or county for support, their ages, and their relationship to the convicted person.

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

This should be used for informational and general purposes only and should not be construed as legal advice or relied on aside for general information that may contain opinion.


Contact Us About Your Case

From Our Clients


Randy Babi was absolutely phenomenal! One of the best attorneys out there. Doesn't tell you what you want to hear, but tells you the truth and keeps it real. On top of that, he gets the job done and gives you the best advice and will go full in on it. If your a review kind of person make sure you take this comment very seriously and give them a call immediately and don't waste any time.

- Twanzell W.

When this guy says he's a BOSS Attorney he really means it, he got a case dismissed for me when another reputable attorney told me I was getting two points no matter what. Randy went in the prosecuting attorneys office like a boss and came out with a dismissal, Thanks for living up to your name. This man is a LIVING LEGEND!

- Andre B.

Randy is great and easy to work with! He makes sure you feel valued and he is always on top of his game! Very appreciative of his hard work, professionalism, and knowledge! Thank you!

- Lamar B.

Mr. Babi just finished a case for my fiancé and we couldn't be more satisfied with the work he did! He fights for his clients, and puts in the work. Whenever my fiancé would be on the phone with him, I thought he was speaking to one of his friends. Very down to earth and gets the job done! I would highly recommend!

- Kelli C.

Randy Babi was my first and only call when looking for an Attorney. The reviews of his past cases is spot on 100%. His knowledge and experience is what makes him an amazing Attorney. He fought for me and I know he will fight for you! Please take my word and call these great people if you are in need, they will not let you down!

- Mike Z.

All I can say is attorney Carly the Boss represented me very well I always had contact with her. Her communication was excellent. I would recommend her Law Firm to anyone that has an issue the day I had court she spoke on my behalf she is very well spoken very professional and really has a passion for what she's doing so for me five stars 100% excellent service.

- Darryl R.

I am a family law attorney (and do not handles the same types of matters as Randy), but I know Randy well enough to make this recommendation. I endorse Attorney Randy Babi without hesitation. He knows the law, he cares for his clients, and is very trustworthy. God forbid I ever need his services, but he is one of the first people I would contact if I was in trouble.

- D. G.

5 years ago Great experience with Randy, the best attorney around, very kind and caring. He is the best at what he does and i highly recommend him to anyone. Very trustworthy and gets you the best possible outcomes. 5 stars all day long

- Calvin T.

Let's Work Together