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Michigan Order Regarding Payment Plan/Discharge of Arrears

State:
Michigan
Control #:
MI-FOC-110
Format:
PDF
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Description

Order Regarding Payment Plan/Discharge of Arrears

The Michigan Order Regarding Payment Plan/Discharge of Arrears is an order issued by the Michigan Department of Health and Human Services (MD HHS) that allows a parent or caretaker to establish a payment plan for the repayment of Child Support Arrears or Discharge of Arrears. This order ensures that a parent or caretaker is able to make regular payments, allowing them to pay off their arrears in a timely manner. There are two types of Michigan Order Regarding Payment Plan/Discharge of Arrears: 1. Payment Plan Order: This type of order allows a parent or caretaker to establish a payment plan for the repayment of Child Support Arrears. This order outlines the amount of money to be paid each month, the date it is due, and any other relevant information. 2. Discharge of Arrears Order: This type of order allows a parent or caretaker to discharge their arrears, either in full or in part, depending on the amount due and the circumstances. This order outlines the amount of money to be paid, the date it is due, and any other relevant information.

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FAQ

A: You may qualify for a lump sum program where the State will agree to forgive an equal amount of any State arrears with a minimum payment of $1000. If you qualify for the lump sum program, you will be required to complete a DHS-682 form and return it to the Friend of the Court.

On rare occasions, child support can be waived by filling out a Deviation Addendum. Reasons to deviate can vary, however, they must be approved by the local Friend of the Court and Prosecuting Attorney.

As determined as Michigan is to collect past-due child support, the state is not without sympathy for parents who are going through tough economic times. The legislature allows you to file a motion with the court as soon as you begin accumulating arrears. You can request a payment plan to pay off your past-due balance.

Michigan's Statute of Limitations on Back Child Support Payments (Arrears) The Michigan statute of limitations on enforcement of child support is 10 years after last obligation due.

You can fill out a form asking the Friend of the Court (FOC) to discharge support debt you owe to the State of Michigan only. You can also file a motion asking the court for a payment plan for your arrears and to have some of your arrears discharged. You can do this if you owe the debt to a person, the state, or both.

In Michigan, failure to pay child support can be a felony (MCL 750.165). The payee can contact the local prosecuting attorney's office to pursue felony charges. The FOCs do not bring formal charges against the payer.

Michigan's Statute of Limitations on Back Child Support Payments (Arrears) The Michigan statute of limitations on enforcement of child support is 10 years after last obligation due.

Arrears Owed to the State of Michigan Only If your child's other parent owes arrears to the State of Michigan, he or she can ask for a discharge of some or all of the arrears from the Friend of the Court (FOC). It is up to the FOC to decide whether to forgive some or all of the debt.

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Michigan Order Regarding Payment Plan/Discharge of Arrears