Here is the Attorney General's response to Appellant in the Likine case, challenging the constitutionality of Michigan's felony child support statute. In Michigan, the Attorney General charges many of the more offensive child support cases throughout the various counties; often with defendant-payors living in other states. The AG has the resources to arrest and extradite the offenders to Michigan for prosecution.
In this brief, the AG argues that the Fourteenth Amendment is not offended where the criminal defendant payor has the family court to ensure that the court-ordered obligation is within the payor's so-called "ability to pay". This "ability to pay" is properly determined, according to the AG, outside the criminal proceedings, within the exclusive purview of the family court, and therefore wholly constitutional.
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