§ 750.165Failure 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


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 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.