Lucido continues push for child support specialty court

MACOMB COUNTY — Following a meeting with judicial officials on Sept. 4, Macomb County Prosecutor Peter Lucido is moving forward with the creation of a child support specialty court within the 16th Circuit Court in Mount Clemens.

Under Lucido’s plan, the proposed court would operate similarly to other specialty courts within the 16th Circuit by directly handling cases where child support payers are in arrears. The goal of the court is to get compliance from the payers, thereby helping reduce the amount of unpaid child support across Michigan.

“Today, the state of Michigan has $5.6 billion in outstanding uncollected child support, of which Wayne County is about $3.5 billion — more than half,” Lucido said. “Macomb County is at about $300 million, and Oakland County is about the same.

“How do we make any headway or progress when nothing is being done to collect these child support arrearages?” he said. “They’ve gone up every year, they haven’t come down and the question is do we need to support the children when they’re children or get the money to the parent that is being paid after they become adults?”

Work within the prosecutor’s office has already recovered $3.3 million in unpaid child support in the last two years by simply seeking compliance from payers, but the specialty court would take the mission of securing compliance further by bringing on Michigan Works! Macomb/St. Clair to help place unemployed child support payers into jobs or job training programs with court supervision. Those programs or jobs would help the payers avoid a felony charge, stay out of prison and fulfill their obligation to provide for their children.

“Michigan Works! is most known for sending people back to school, but one of the lesser-known services we do is direct placement,” said Justin Al-Igoe, executive director of Michigan Works! Macomb/St. Clair. “Most of our work with this population, while training is certainly an option if needed, we’re looking to do a direct placement to get them into a job. The types of jobs can vary based on the job seeker’s background and education level. Generally, we do a lot of work with manufacturing and health care, but we are certainly looking to place people in any job that is hiring and fits their skill set and salary goals.”

Details about how the child support specialty court will operate remain determined. The biggest result of the Sept. 4 meeting was the creation of an advisory board for the specialty court that will include Al-Igoe, Macomb County Sheriff Anthony Wickersham and several members of the prosecutor’s Cooperative Reimbursement Unit. Circuit Court Chief Judge James Biernat is expected to assign a judge to the specialty court, likely bringing the assigned judge on as a member of the advisory board. Other invitees will be representatives from the public defender office, Friend of the Court, Probation Department, the Macomb County Board of Commissioners and the Michigan attorney general’s office.

“We already have courts such as the drug court, the sobriety court, the veterans court, the mental health court,” Lucido said. “We believe, here at the Macomb County Prosecutor’s Office, that this county will take the initiative and bring together all those units of government — probation, court, Friend of the Court, prosecutor — and join together to assist each other doing their jobs to have a success for those that need the jobs though Michigan Works! and have a success to get the money to the parent that needs it when the child is young and ultimately have a success that (children) will absolutely have the best chance in life to survive.”

From here, the plan is to run the court as a pilot program to test its effectiveness and see if any legal or statutory hurdles arise that would need to be resolved at the state level. One such hurdle is that the court initially, according to Biernat, will not have the grant funding or statutory support like the 16th Circuit Court’s other specialty courts. Biernat believes this may change should the legislature pass statutes supporting it.

A successful pilot program for the court could lead to the wider adoption of the specialty court, and Lucido says interest in the program across the state is already building.

“There’s other counties that have already made inquiries and that have asked us, ‘What is it that we can look at from your blueprint that we can get ours started,’ so I know it’s already a talk,” Lucido said. “Other judges have had discussions with each other and said, ‘We were really looking forward and excited to see how this rolls out.’”

Along with preparing the advisory board and setting the groundwork for the pilot program, the prosecutor’s office is also working with the Michigan Legislature to allow deferred convictions to extend beyond the current one-year limit, giving payers more time and flexibility to repay owed child support while retaining access to support services.

“Do we bring warrants and have individuals who don’t pay their child support convicted?” Lucido said. “That’s not what our philosophy is here. Our philosophy is let’s get them in, let’s get them on track, let’s get compliance and we don’t have to have a felony on their record because having a felony is another inhibitor standing in the way of getting a good job.

“Compliance is what we’re looking for and this is the way we’re doing it,” Lucido added. “We’ve given you every chance to try to communicate with us. Show up and do your job.”

Beyond getting unemployed payers into employment through Michigan Works!, Lucido says payers who are on Social Security and disability should be able to have the state transfer child support funds from their regular payments.