![]() The Response will say if the other parent agrees to the payment plan and discharge of arrears. The other parent can respond to your motion by filing a Response to Motion Regarding Payment Plan/Discharge of Arrears. If the other parent doesn’t agree, the judge can’t grant your motion.Īlso, your debt can’t be a result of you deliberately avoiding your child support obligation. The other parent can’t be threatened, bullied, or intimidated into agreeing. If you owe arrears to a person (typically your child’s other parent), the judge can grant your motion only if the person agrees to the payment plan. The standard depends on if you owe arrears to a person, the state, or both. There are different standards you must meet before the judge can approve the payment plan. If you owe arrears in more than one family court case, you must file a motion in each case where you are asking for a payment plan and discharge of debt.īy filing this motion, you are asking the judge to let you pay a set amount towards the arrears for a certain number of months, and then to discharge (forgive) the remaining arrears after you complete the plan. You can use our Do-It-Yourself Motion to Manage Child Support Debt tool to do this. If you owe arrears to the state, a person, or both, you can file a motion with the circuit court asking the judge for a payment plan and to discharge arrears. The FOC will consider your request and decide whether to discharge any of the debt. If you owe arrears on court orders in more than one county, you must file one completed form with each FOC office where you are asking for a discharge of state-owed debt. Consider doing this if you think you have good reasons for the FOC to discharge your debt or if you can show it would be very difficult for you to pay the debt. If you only owe arrears to the state, and not a person, you can complete a Request to Discharge State-Owed Debt and file it with the Friend of the Court office in the county your child support order comes from. How Do I Ask for a Payment Plan or Discharge of Debt? Request a Discharge from the Friend of the Court ![]() You can do this if you owe the debt to a person, the state, or both. 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 fill out a form asking the Friend of the Court (FOC) to discharge support debt you owe to the State of Michigan only. There are two ways you can ask for a discharge (forgiveness) of your arrears. What If I Can’t Afford to Pay My Child Support Debt? Suspending your driving, occupational, and recreational (hunting/fishing) licensesĬontempt proceedings, which can lead to fines, jail time, and other penalties Garnishing your federal and state tax refunds Placing liens on your real or personal property Withholding money from your paycheck or other income If you owe back child support, the judge may use different methods to enforce payment. What Happens If I Don’t Pay My Child Support Debt? Even if you are up-to-date on current support payments, owing past child support can create problems for you. Or, you may be paying current support and also owe arrears. ![]() Your child may be older than 18, but you may still owe arrears. You may owe your debt to the State of Michigan if your child or child’s household gets public benefits or got them while you were ordered to pay child support. If you owe money to a person, it is usually your child’s other parent or guardian. Past due child support is called “arrears.” It could be a debt you owe to a person, the state, or both.
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