September 29, 2005
September 29, 2005
LANSING – Governor Jennifer M. Granholm today announced that she has initiated proceedings to extradite a New Mexico man charged with failing to pay more than $131,000 in child support, a felony crime punishable by four years in prison.
Chris Montoya was arrested by law enforcement officers in Santa Fe County, New Mexico in July. In January 1989, Montoya was ordered by the Wayne County Circuit Court in Michigan to pay $88 per week for the support of his minor children but has failed to comply. As of August 2005 his unpaid child support obligations totaled $131,933.53.
“Mr. Montoya has failed to meet his responsibility to support his children, 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, Montoya 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, New Mexico 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 beginning October 1, 2005. Under the new law, parents who owe past due child support in Michigan will 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.”
