Michigan Motion To Modify Support Order for incarcerated Person is a legal document that is used when a person who is incarcerated and making payments for support arbitrages seeks to have the payment modified due to their changed circumstances. This type of motion is typically filed in the court that issued the original support order. The motion can be used to reduce the amount of payments or to suspend payments altogether. The motion must be accompanied by evidence of the changed circumstances such as proof of incarceration and proof of income. There are two types of motions: one to modify the amount of support payments and one to suspend support payments.
Michigan Motion To Modify Support Order for incarcerated Person
State:
Michigan
Control #:
MI-FOC-4035
Format:
PDF
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Motion To Modify Support Order for incarcerated Person
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FAQ
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.
Anyone who falls behind $5,000 or more on their child support payments could face felony charges for non-payment of child support. The Michigan Attorney General or the local county prosecutor's office may lay these charges.
The court orders a flat percentage of 25% of the non-custodial parent's income to be paid in child support to the custodial parent.
Abatement of Support (Payer Incapacitated): The current support ordered for the minor child(ren) will be abated to zero because it is reported that the payer will be incapacitated for at least 180 days due to injury or illness and cannot pay the amount ordered.
As filing options can change, please visit the Court's website at .3rdcc.org/divisions/family-domestic/emergency-and-non-emergency-filings for the most up to date filing information. at Two Woodward Avenue, Detroit, MI 48226. It will cost you $60.00 to file this motion.
If a parent wants a change in support for any reason, they must file a motion asking to change child support. The Michigan Child Support Formula is used to calculate child support. If either parent asks to start child support or to change it, the judge will use the formula to decide the amount of support.
You are entitled to a review every 36 months, but FOCs may review support orders more frequently if a parent requests a review and offers evidence that there has been a substantial change in circumstances (MCL 552.517b).
More info
There is a Do-It-Yourself packet called Filing a Petition to Modify Your Child Support Court Order for people who represent themselves. A look at the intersection of child support and incarceration and how child support orders are handled while someone is incarcerated.The only way to stop or change the court ordered amount of child support is to ask the court to change the order. If you want the court to change your child support order while you are in prison, legal papers must be filed in court. There is no filing fee for a motion to modify only child support. Motions that raise other issues in addition to child support require a filing fee. Federal law prohibits an NCP to retroactively file a motion to modify a child support order after being released from prison. For example, if you're confined for less than 90 days and lose your job, you can ask the court to change the amount of support owed. There is no filing fee for a motion to modify only child support. The new payment amount may be zero.