Michigan State Discharge of Arrearage

State:
Michigan
Control #:
MI-FOC-4127
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Description

State Discharge of Arrearage

Michigan State Discharge of Arbitrage is a process that helps individuals with low incomes to get out from underneath the burden of past due child support payments. It is a court-ordered process that, when granted, eliminates the individual's responsibility to make payments towards any past due child support. This process is available in Michigan and is applicable to individuals who have a current income that is at or below the federal poverty level, and who have an arbitrage that is greater than or equal to the amount of support that they would owe for a 12-month period at their current income level. There are two types of Michigan State Discharge of Arbitrage: Full Discharge and Partial Discharge. Full Discharge eliminates all past due child support arbitrage, while Partial Discharge eliminates a portion of the arbitrage. In either case, once discharged, the individual will no longer be responsible for making payments towards the arbitrage that was discharged.

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FAQ

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.

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.

The AMP program will forgive 1/12 of your eligible utility debt after each on-time payment of your current bill. After 12 on-time payments of individual monthly bills, the debt is fully forgiven (up to $8,000 per customer).

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.

Felony Non-Support of Payment of Child Support ing to the statute that covers this area of law, anyone who is found in child support arrears of $5,000 or more can face up to four years in prison or a fine of $2,000, or both.

If my child is already 18 and I have arrears, does that not automatically forfeit the child support? No, even if your child gets older than 18 years of age you may still have all the arrears coming from the child support.

Under Michigan law, if you owe back child support and if you're paying through state services, this creates an automatic lien against any real estate you own and your personal property, such as motor vehicles, if you fall behind.

More info

Then the judge can discharge (forgive) the remaining debt if the other parent completes the payment plan. The total amount of support monies past due and owing under a court order, that have been assigned to the State. All.NOTE: The Request to Discharge State-Owed Debt (DHS-681) must be completed in full. There can be no blanks or it will be rejected. Under certain circumstances, a case may qualify for arrearage discharge or reduction of arrears owed to the State of Michigan exclusive of Medical arrears. The total amount of support monies past due and owing under a court order, that have been assigned to the State. All. Child support is one of the primary liens in the state of Michigan. Complete Reporting Requirements Survey. Remit any funds not credited to customers to State Water Board within 6 months of receiving payment. Give two copies of the completed form to the clerk of the court?

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Michigan State Discharge of Arrearage