Pursuant to Michigan law (MCL 552.605e), a payer may file a motion with the circuit court for a payment plan to pay arrearages and to discharge or abate arrearages. The law, which permits this, is targeted to individuals who do not have the ability now or in the foreseeable future to pay the total arrearage.

The law specifically prescribes the circumstances under which a payment plan can be approved. The Office of Child Support must receive a copy of the motion 56 days prior to the hearing date and may provide comments to the court on the arrears payment plan request.

If the plan is approved and, if during the payment plan, the payer's circumstances change and he or she now has the ability to pay all or more of the arrears, the payment plan may be modified or terminated.

The discharge or abatement of arrears occurs upon completion of the plan, based on the payer's compliance with the plan.

The payer has the responsibility to file a motion initiating the arrears payment plan. The payer also has the responsibility to request a hearing with the court upon completion of the plan to determine arrears payment plan compliance status and any abatement or discharge of the remaining arrears. The payer is still responsible to pay any current support obligations during the arrears payment plan.