Michigan Order Discharging Arrears

State:
Michigan
Control #:
MI-FOC-111
Format:
PDF
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Description

Order Discharging Arrears

Michigan Order Discharging Arrears is a court order issued by the court to discharge arrears of child support or spousal support. This order is generally issued when the person owing the support has paid all outstanding arrears and the court determines that no further payments are due. It is an official document issued by the court, and it legally eliminates any further obligation for the person owing arrears to pay. The two types of Michigan Order Discharging Arrears are (1) Partial Discharge and (2) Total Discharge. A Partial Discharge is issued when the arrears have been paid in part, and the court determines that a portion of the arrears remain unpaid. A Total Discharge is issued when all arrears have been paid in full, and the court grants a complete discharge of the arrears. Both types of orders are issued by the court and legally eliminate any further obligation for the person owing arrears to pay.

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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.

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.

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.

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.

If you owe a child support arrearage to the State of Michigan you may be eligible to have some or all of that arrearage discharged. Marriage.? FD/FOC-4572. You will be required to provide an original Certificate of Marriage and provide a valid ?front and back? copy of a Government issued identification.

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.

A child support obligation is only retroactive to the date that the complaint for support was filed unless any of the following circumstances exist: (a) The defendant was avoiding service of process.

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.

More info

A court can make an order, or register an agreement, which deals with arrears accrued under an earlier order or court registered agreement. Past due child support is called "arrears." It could be a debt a child support payer owes to a person, the state, or both. 2.1. 2 The Order in Which CP-Owed Arrears Should Be Discharged. Once received, it will be reviewed to determine if you are eligible. NOTE: The Request to Discharge State-Owed Debt (DHS-681) must be completed in full. The non-custodial parent's priority is to pay the state in full. 144 Lien recorded in another state to enforce order for support entitled to full faith and credit; enforcement of lien. The non-custodial parent's priority is to pay the state in full.

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Michigan Order Discharging Arrears