Judgement Lien For Child Support In Michigan
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Expiration and discharge, Section 2809: A judgment lien is valid for five years and may be renewed for an additional five years. Furthermore, it can be discharged by the judgment creditor, by the filing of a satisfaction of judgment, by the judgment debtor, by affidavit and proof of payment, or by order of the court.
2809. (1) Unless subsection (2) or (3) applies, a judgment lien expires 5 years after the date it is recorded. (2) Unless subsection (3) applies, if a judgment lien is rerecorded under subsection (4), the judgment lien expires 5 years after the date it is rerecorded.
A judgment from a Small Claims case expires six years after it is issued. Most other judgments in Michigan expire 10 years after they are issued.
A person could also face felony charges if they fall behind on spousal support payments in the same amount. ing to the statute that covers this area of law, anyone who is found in child support arrears of $5,000 or more can face up to four years in prison or a fine of $2,000, or both.
(1) Unless subsection (2) or (3) applies, a judgment lien expires 5 years after the date it is recorded. (2) Unless subsection (3) applies, if a judgment lien is rerecorded under subsection (4), the judgment lien expires 5 years after the date it is rerecorded.
Judgment liens may simply be filed and recorded by an attorney. There is no personal confrontation with the defendant and no personal property is seized. Service of the judgment lien on the judgment debtor is by certified mail if the judgment is less than $25,000.
If, under the same circumstances, the child support payment is overdue for longer than 2 years, or the amount exceeds $10,000, the violation is a criminal felony, and convicted offenders face fines and up to 2 years in prison (See 18 U.S.C.
Under the Support and Parenting Time Enforcement Act, an amount of past due support that accrues under a judgment (a support order or court order in a domestic relations matter), or under the law of another state, constitutes a lien in favor of the support recipient against the real and personal property of the payer.
Anyone who falls behind $5,000 or more on their child support payments could face felony charges for non-payment of child support. The Michigan Attorney General or the local county prosecutor's office may lay these charges.
