October 20, 2005

LANSING – Governor Jennifer M. Granholm today announced that she has initiated proceedings to extradite a Virginia man charged with failing to pay more than $29,000 in child support, a felony crime punishable by four years in prison.
 
Kenneth Alan Bates was arrested by law enforcement officers in Virginia Beach, Virginia in August, 2005.  In September 1983, Bates was ordered by the Gratiot County Circuit Court to pay $25 per week for the support of his minor child, but he has failed to comply.  As of September 2005, his unpaid support obligations totaled $29,699.04.
 
“Mr. Bates has failed to meet his responsibility to support his child, and that has consequences,” Granholm said.  “The state of Michigan will use all tools at its disposal to ensure that parents provide for their children”
 
Upon return to Michigan, Mr. Bates will face prosecution.  In Michigan, non-support of a child is a felony punishable by up to four years in prison and/or a $2,000 fine.  Since taking office, Governor Granholm has requested the return, through the extradition process, of more than 100 parents who have failed to support their children as ordered by courts in Michigan. 

Under the Uniform Criminal Extradition Act, the power to demand extradition of a fugitive who has fled from justice in Michigan and taken refuge in another state is vested in the governor.  After receiving extradition documents, Virginia officials can issue a warrant delivering the fugitive into the custody of Michigan authorities.

To encourage parents to pay their past due child support, the state is offering an amnesty period that began October 1, 2005.   Under the new law, parents who owe past due child support in Michigan have a 90-day window to avoid state criminal and civil enforcement penalties.  Penalties that have already been initiated will be waived with the exception of felony prosecutions or in circumstances where a delinquent parent has already been arrested due to failure or refusal to pay past due child support.

The amnesty program does not affect current support obligations.  The amnesty program was established by Public Act 584 of 2004 and sponsored by Rep. Alexander Lipsey.

For more information regarding the amnesty program, parents can contact their local Friend of the Court office, call 1-866-540-0008, or visit www.michigan.gov/dhs and click on “Child Support.”