Child Support Workshop Legal Aid of Western Michigan June 13, 2007 Michigan Works!

Do you… Owe current support for children who are minors? Owe back support? Have multiple cases? Want to learn how to manage your child support debt?

Definitions Arrearages/Back support- the amount which has accrued for failure to pay in the past. Assigned- the debt is owed to the state. Unassigned- the debt is owed to the other parent. Motion- Formal court action asking the court to do something. In pro per/Pro Se - On your own in a court proceeding. Show Cause Hearings A formal court action before a referee or judge where a person must “show cause” as to why he or she should not be held in contempt for failing to comply with the court order. Show Cause Hearings -A formal court action before a referee or judge where a person must “show cause” as to why he or she should not be held in contempt for failing to comply with the court order.

Reasons to Deal With Your Child Support Debt –Up to 65% of wages can be taken to pay current and back support. –The state may periodically take all the money in your bank account without notice. –Arrearages can result in loss of driver’s license, bench warrants and incarceration. –Failure to pay can increase risk of losing parental rights.

Take Action: Don’t Wait! Generally, child support can only be changed going forward. Once you have been charged with paying support, it is very difficult to get the amount reduced. Therefore, YOU MUST DEAL WITH ANY CHILD SUPPORT ISSUES WHEN THEY COME UP.

Times to Take Action Change in custody: children now living with you. Incarceration: you are unable to pay. You become disabled. Major change in your income.

Incarceration If incarcerated, immediately file a motion to change your support. If you don’t, support will continue to add up. $28,000 average arrearage for prisoners Difficult to get reduced after released.

Tip to Help Prevent Problems It is usually more important that you pay regularly than that you pay the full amount. If you cannot pay what you owe, try to pay something each week, even if it is only $5. This shows you are trying.

Calculation of Child Support Child support amount is calculated based on parents’ income, number of children, and other factors. Michigan Child Support Formula- –Complicated formula used by FOC and Circuit Judges in most cases to decide how much you should pay. –Imputation of Income: If you are not working, FOC will calculate support based on what they think you could be earning.

Back Support If you owe back support, FOC will collect both current and back support. “Surcharges” are added if you owe back support. Surcharges can easily double the amount you owe.

Strategies to Reduce Back Child Support To reduce the amount of back support owed, first find out how much is owed to the state and how much is owed to the other parent.

Why It Matters To Whom the Debt is Owed Once the child support is owed, you are legally required to pay it unless the other party agrees to forgive the debt. Only the party to whom the debt is owed can forgive that debt. –Only the state can forgive debt owed to the state. –Only the other parent can forgive debt owed to him or her.

How to Find Out To Whom Debt is Owed Go to the FOC and get the “Court Order Information Report” “Court Order Information Report”“Court Order Information Report” –This will show the assigned (state) and unassigned (other parent) amounts. Or ask the FOC to tell you how much is owed to the state versus the other parent.

If owed to the state This usually happens when the custodial parent is on some type of state aid You may be able to: –Ask for an “incarceration credit” from the Friend of the Court –Make reasonable payments for 2+ years, and get rest of debt forgiven –Make an agreement to pay off a lump sum and get rest of debt forgiven

Actions to Take If You Have Been Incarcerated Request incarceration credit (Kent Co.) –Only available for money owed to state. –You must call your caseworker to get form sent to you. –Can’t get credit for time you were in jail for Domestic violence against other parent or child.

Repayment Plans You make reasonable payments for at least two years. If you make the payments, the remaining debt is forgiven. Not recommended unless you have a steady income with which to make payments.

Length of the Plan Length of the plan depends on your income. Plan must be at least two years long. For each $1000 you earn over the poverty level, add an additional month to the two years of the plan. To figure out how your income compares to the federal poverty level, go to: tml

Example: Calculating Plan Length 2007 Federal poverty guideline for 1 person is $10,210. If you earn $10,210 or less, your plan must be 24 months long. If you earn $11,210, your plan must be 25 months long. If you earn $12,210, your plan must be 26 months long.

How Much Is a Reasonable Amount for the Repayment Plan? How much you should propose to pay will depend on your individual circumstances. If you are unsure, talk to your FOC caseworker about what would be a reasonable amount to pay.

How To Apply for a Repayment Plan Go to the Legal Assistance Center and request form FOC 109 and FOC 110. Or get form from reentry.mplp.org (click on child support). Fill out form. At least 56 days before your court date you must send a copy to: Office of Child Support Arrears Payment Plan Review Unit P.O. Box Lansing, MI

Filing your Motion for a Repayment Plan Ask the court for a date for your motion. Fill out the date on a notice of hearing (CC 326). Take your papers to court. You will need the motion (FOC 109), the notice of hearing (CC 326), a $20 fee or a fee waiver (MC 20), and a proposed order (FOC 110).

If the Court Grants Your Motion The Court will sign the FOC 110. You will need to go back to Court after the repayment plan is done to ask the court to forgive the remainder of the debt.

When child support is owed to the Custodial Parent You will continue to owe money to the custodial parent unless the custodial parent agrees either to: –Do a repayment plan (see above) –Forgive the debt. State can do nothing to reduce amount if all of it is owed to the other parent.

Forgiveness of Debt By Custodial Parent The custodial parent must either personally go to the FOC office and sign the proper documents; or They must send a notarized (signed in front of a Notary Public) letter forgiving arrearages. notarized notarized

Strategies to Reduce the Amount Coming Out of Your Paycheck 1.Ask for a support review 2.File motion to reduce amount of payments based on change in circumstances. 3.Reduce your arrearage: Incarceration Credit, Repayment Plans, Forgiveness of Debt. * Repayment plan sets the amount for arrearage payment.

Current Support Review Administrative review of what your support should be based on Michigan Child Support Guidelines. Usually requested by custodial parent, but you can request if you think you are paying too much. Can request not more than every three years; automatically done every three years if child is on public assistance. It can take up to 180 days/4months CAUTION: YOUR SUPPORT COULD GO UP, NOT DOWN. For more information on support reviews: endoftheCourt/foc_index.htm endoftheCourt/foc_index.htm endoftheCourt/foc_index.htm

Motions to Change Child Support If you are not eligible for a support review you must file a petition/motion for review. –May do so with or without attorney. –It may take several months till your motion is decided, but the change will go back to the date you served the other party. Do only when there has been a significant change in circumstances. Must prove the need for the change. You need EVIDENCE!!! CAUTION: YOUR SUPPORT COULD GO UP, NOT DOWN. To get motion forms: * Friend of the Court Friend of the CourtFriend of the Court * Legal Assistance Center (616) , Courthouse, 180 Ottawa NW, 5 th Floor (616) , Courthouse, 180 Ottawa NW, 5 th Floor

Common Situations When Motions are Denied The size of the family changes The custodial parent’s income has increased (unless the increase is enormous) The bills of the parent filing the motion have increased (unless it’s extraordinary) Asking for change in Alimony not CS

Frequently Asked Questions What If I Have More than One Case? What If I’m Not Working? What If I Can’t Afford the Fee to File a Motion? What is a Show Cause Hearing? What If I’m Not the Dad? What If I Can’t See my Kids? What If I’m on SSI? What If My License is Suspended? What If I Owe Birth Expenses for a Child that Lives in my Home? What is the Non-Custodial Parent Program?

What If I Have More than One Case? Handle each case separately. For example, check with each of the other parents to see if they will forgive arrears. If you file a motion, you will need to file it in each case for the motion to apply in that case. If you file a repayment plan, try to set one payment amount for all of your cases together.

What if I’m not working? FOC will “impute” income. You must communicate with the FOC case worker. –Report at least monthly on your job seeking efforts, preferably in writing. –Can’t go on indefinitely i.e. more than 6 months If you don’t talk with the caseworker about non- payment, then you will get a notice for a show cause hearing. (May happen anyway.)

What If I Can’t Afford the Fee to File a Motion? File a fee waiver request (MC 20) with your motion. Get the MC 20 form from the Legal Assistance Center or court clerk. Make sure to put down if you receive any public assistance, e.g. food stamps, cash assistance. If the Court denies your fee waiver request, you will then have to pay the fee.

What Is a Show Cause Hearing? A show cause is a court date when you will have to explain why you haven’t paid. –Bring proof to show why you couldn’t pay, or couldn’t pay as much as required, e.g. Proof of income. Lists of jobs you applied for and haven’t gotten. Medical bills showing you’ve been sick. If you don’t show up for the hearing then a warrant will be issued for your arrest.

What If I’m Not the Dad? Time to raise objections to parentage is when you are first sued for paternity! Once you are legally the dad, you must pay support, even if you are not biologically the dad. If you are sued for paternity, don’t get defaulted. Get a paternity test!

What If I Can’t See My Kids? Parenting time –No excuse for failure to pay. –File motion for parenting time if you are being denied access to your kids. Termination of Parental Rights –You must still pay support. –Support only stops if kids are adopted.

What If I’m on Disability? SSI cannot be garnished for child support. –Contact Legal Aid for help. SSD, pensions and other benefits can be garnished for child support. However, if you only have several hundred dollars left a month, you may be able to get your support payments reduced.

What if My License is Suspended? Your license can be suspended for failure to pay support. If you are notified that your license will be suspended, you can enter into a stipulated payment order with the FOC to avoid the suspension. If your license has already been suspended, make arrangements with the Friend of the Court to pay in order to get your license back.

What If I Owe Confinement/Birth Expenses for a Child that Lives in My Home? If the father marries the mother after the birth of the child and provides documentation of the marriage to the friend of the court, the father’s obligation for payment of any remaining unpaid confinement and pregnancy expenses is eliminated.

What is the Non-Custodial Parent Program (NCPP)? Hope Network Who qualifies –Unemployed or underemployed –FOC will give you a referral to program. –Only have to request a referral from FOC Benefits –No enforcement by FOC for non-payment as long as complying w/ program. –Help pay for transportation, clothing etc. Limitations –A little bit of a waiting list but only for about a month.

Summary of Available Resources Reentry Website – Legal Assistance Center –5 th Floor of Courthouse: 180 Ottawa Friend of the Court –Pro Se Material Legal Aid of Western Michigan –Does NOT do child support in most cases –Only gets involved if: Huge arrearage due to incarceration Only income from disability and cannot survive on amount left after child support is deducted Repayment plans if all arrears owed to state, case in Kent County, and you have a stable source of income