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Past Due Support Payment/Forgiveness Plan

Arrears & surcharge

If I cannot afford to pay my past due support (arrears), can I ask the court to reduce the amount of arrears owed?

How does an Arrears Payment Plan work?

Does the person to whom I owe arrears have to agree to the Arrears Payment Plan?

What if my support arrears is owed to the state, how do I notify the state?

How do I request an Arrears Payment Plan?

What if I have an Arrears Payment Plan and my circumstances change?

Do I have to have an attorney to request an Arrears Payment Plan?

Do I still have to pay my current support if I have an Arrears Payment Plan?

Payment/Forgiveness Plan Law

 

If I cannot afford to pay my past due support (arrears), can I ask the court to reduce the amount of arrears owed?

Yes, Michigan law allows you to ask (petition) the court for an Arrears Payment Plan if you can show that you cannot afford to pay your past due support (arrears). Return to top

How does an Arrears Payment Plan work?

You must ask (petition) the court of an Arrears Payment Plan. If approved, the court determines how much of the arrearage is eliminated after the Arrears Payment Plan is completed. Return to top

Does the person to whom I owe arrears have to agree to the Arrears Payment Plan?

If your arrearage is owed to an individual, yes, that individual must agree to the plan. Return to top

What if my support arrears is owed to the state, how do I notify the state?

You may request an Arrears Payment Plan if the support arrearage is owed to the state; however, the Michigan Department of Human Services' Office of Child Support will comment in support or opposition to your plan and must receive a copy of the court motion requesting an arrears payment plan at least 56 days (8 weeks) before the court hearing date on the motion. The motion can be sent to:

         Office of Child Support
         OCS Central Operations - Arrears Payment Plan Review Unit
         P.O. Box 30744
         Lansing, Michigan 48909-8250

The court will consider the state's comments. Return to top

How do I request an Arrears Payment Plan?

You must file a motion with the circuit court for a payment plan (the link provides the form and instructions). However, depending upon the circumstances of your case, your payment plan may or may not be approved by the court. Return to top

What if I have an Arrears Payment Plan and my circumstances change?

If the plan is approved, and, if during the payment plan, your circumstances change, the payment plan may be modified or terminated. Return to top

Do I have to have an attorney to request an Arrears Payment Plan?

No. An attorney can file the payment plan motion but you can also file a motion yourself using the motion with the circuit court for a payment plan form (the link provides the form and instructions). Return to top

Do I still have to pay my current support if I have an Arrears Payment Plan?

Yes, you still have to pay your current support along with any Arrears Payment Plan amount. Return to top

Payment/Forgiveness Plan Law

State: Payment Plan for Arrearages (MCL 552.605e)  Return to top