5.2Ability to Pay

“The court shall not sentence a person to a term of incarceration for nonpayment unless the court has complied with the provisions of MCR 6.425(D)(3). Proceedings to which the Child Support and Parenting Time Enforcement Act, MCL 552.602 et seq., applies are subject to the requirements of that act.” MCR 3.606(F) (MCR 3.606 addresses the procedure for contempts outside the immediate presence of the court). MCR 6.425(D)(3)(a) states that “[t]he court shall not sentence a defendant to a term of incarceration, nor revoke probation, for failure to comply with an order to pay money unless the court finds, on the record, that the defendant is able to comply with the order without manifest hardship and that the defendant has not made a good-faith effort to comply with the order.” MCR 6.425(D)(3) also addresses payment alternatives and offers guidance for determining manifest hardship. For a detailed discussion of MCR 6.425(D)(3), see the Michigan Judicial Institute’s Criminal Proceedings Benchbook Vol. 2, Chapter 8. See also the Michigan Judicial Institute’s Ability to Pay Benchcard addressing the ability to pay requirements.