ChildChild Support WorkshopSupport Workshop

Legal Aid of Western MichiganLegal Aid of Western Michigan

June 13, 2007June 13, 2007

Michigan Works!Michigan Works!

Do you…Do you…

Owe current support for children who Owe current support for children who are minors?are minors?

Owe back support?Owe back support?

Have multiple cases?Have multiple cases?

Want to learn how to manage your Want to learn how to manage your child support debt?child support debt?

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

Reasons to Deal With Your Child Reasons to Deal With Your Child Support DebtSupport Debt

– Up to 65% of wages can be taken to pay Up to 65% of wages can be taken to pay current and back support.current and back support.

– The state may periodically take all the The state may periodically take all the money in your bank account without money in your bank account without notice.notice.

– Arrearages can result in loss of driver’s Arrearages can result in loss of driver’s license, bench warrants and license, bench warrants and incarceration.incarceration.

– Failure to pay can increase risk of losing Failure to pay can increase risk of losing parental rights. parental rights.

Take Action: Don’t Wait!Take Action: Don’t Wait!

Generally, child support can only be Generally, child support can only be changed going forward.changed going forward.

Once you have been charged with Once you have been charged with paying support, it is very difficult to paying support, it is very difficult to get the amount reduced.get the amount reduced.

Therefore, YOU MUST DEAL WITH Therefore, YOU MUST DEAL WITH ANY CHILD SUPPORT ISSUES WHEN ANY CHILD SUPPORT ISSUES WHEN THEY COME UP.THEY COME UP.

Times to Take ActionTimes to Take Action

Change in custody: children now Change in custody: children now living with you.living with you.

Incarceration: you are unable to pay.Incarceration: you are unable to pay.

You become disabled.You become disabled.

Major change in your income.Major change in your income.

IncarcerationIncarcerationIf incarcerated, If incarcerated, immediately file a immediately file a motion to change your motion to change your support.support.

If you don’t, support will If you don’t, support will continue to add up.continue to add up.

$28,000 average $28,000 average arrearage for prisonersarrearage for prisoners

Difficult to get reduced Difficult to get reduced after released. after released.

Tip to Help Prevent ProblemsTip to Help Prevent Problems

It is usually more important that you It is usually more important that you pay regularly than that you pay the pay regularly than that you pay the full amount.full amount.

If you cannot pay what you owe, try If you cannot pay what you owe, try to pay something each week, even if to pay something each week, even if it is only $5. This shows you are it is only $5. This shows you are trying.trying.

Calculation of Child SupportCalculation of Child Support

Child support amount is calculated Child support amount is calculated based on parents’ income, number of based on parents’ income, number of children, and other factors.children, and other factors.Michigan Child Support Formula-Michigan Child Support Formula-– Complicated formula used by FOC Complicated formula used by FOC

and Circuit Judges in most cases to and Circuit Judges in most cases to decide how much you should pay.decide how much you should pay.

– Imputation of Income: If you are Imputation of Income: If you are not working, FOC will calculate not working, FOC will calculate support based on what they think support based on what they think you could be earning.you could be earning.

Back SupportBack Support

If you owe back support, FOC will If you owe back support, FOC will collect both current and back collect both current and back support.support.

““Surcharges” are added if you owe Surcharges” are added if you owe back support. Surcharges can easily back support. Surcharges can easily double the amount you owe.double the amount you owe.

Strategies to Reduce Strategies to Reduce BackBack Child Child SupportSupport

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

Why It Matters To Whom Why It Matters To Whom the Debt is Owedthe Debt is Owed

Once the child support is owed, you Once the child support is owed, you are legally required to pay it unless are legally required to pay it unless the other party agrees to forgive the the other party agrees to forgive the debt.debt.Only the party to whom the debt is Only the party to whom the debt is owed can forgive that debt.owed can forgive that debt.– Only the state can forgive debt owed to Only the state can forgive debt owed to

the state.the state.– Only the other parent can forgive debt Only the other parent can forgive debt

owed to him or her.owed to him or her.

How to Find Out To Whom Debt is How to Find Out To Whom Debt is OwedOwed

Go to the FOC and get the Go to the FOC and get the “Court Order Information Report”“Court Order Information Report” – This will show the assigned (state) This will show the assigned (state)

and unassigned (other parent) and unassigned (other parent) amounts. amounts.

Or ask the FOC to tell you how much Or ask the FOC to tell you how much is owed to the state versus the other is owed to the state versus the other parent.parent.

If owed to the stateIf owed to the state

This usually happens when the This usually happens when the custodial parent is on some type of custodial parent is on some type of state aidstate aidYou may be able to:You may be able to:– Ask for an “incarceration credit” from Ask for an “incarceration credit” from

the Friend of the Courtthe Friend of the Court– Make reasonable payments for 2+ Make reasonable payments for 2+

years, and get rest of debt forgivenyears, and get rest of debt forgiven– Make an agreement to pay off a lump Make an agreement to pay off a lump

sum and get rest of debt forgivensum and get rest of debt forgiven

Actions to Take If You Have Been Actions to Take If You Have Been IncarceratedIncarcerated

Request incarceration Request incarceration credit (Kent Co.)credit (Kent Co.)– Only available for Only available for

money owed to state.money owed to state.– You must call your You must call your

caseworker to get form caseworker to get form sent to you.sent to you.

– Can’t get credit for Can’t get credit for time you were in jail time you were in jail for Domestic violence for Domestic violence against other parent or against other parent or child.child.

Repayment PlansRepayment Plans

You make reasonable payments for You make reasonable payments for at least two years.at least two years.

If you make the payments, the If you make the payments, the remaining debt is forgiven.remaining debt is forgiven.

Not recommended unless you have a Not recommended unless you have a steady income with which to make steady income with which to make payments.payments.

Length of the PlanLength of the PlanLength of the plan depends on your Length of the plan depends on your income.income.Plan must be at least two years long.Plan must be at least two years long.For each $1000 you earn over the poverty For each $1000 you earn over the poverty level, add an additional month to the two level, add an additional month to the two years of the plan.years of the plan.To figure out how your income compares To figure out how your income compares to the federal poverty level, go to:to the federal poverty level, go to:http://aspe.hhs.gov/poverty/http://aspe.hhs.gov/poverty/07poverty.shtml07poverty.shtml

Example: Calculating Plan LengthExample: Calculating Plan Length

2007 Federal poverty guideline for 1 2007 Federal poverty guideline for 1 person is $10,210.person is $10,210.

If you earn $10,210 or less, your plan If you earn $10,210 or less, your plan must be 24 months long.must be 24 months long.

If you earn $11,210, your plan must If you earn $11,210, your plan must be 25 months long.be 25 months long.

If you earn $12,210, your plan must If you earn $12,210, your plan must be 26 months long.be 26 months long.

How Much Is a Reasonable How Much Is a Reasonable Amount for the Repayment Plan?Amount for the Repayment Plan?

How much you should propose to pay How much you should propose to pay will depend on your individual will depend on your individual circumstances.circumstances.

If you are unsure, talk to your FOC If you are unsure, talk to your FOC caseworker about what would be a caseworker about what would be a reasonable amount to pay.reasonable amount to pay.

How To Apply for a How To Apply for a Repayment PlanRepayment Plan

Go to the Legal Assistance Center and Go to the Legal Assistance Center and request form FOC 109 and FOC 110.request form FOC 109 and FOC 110.Or get form from reentry.mplp.org (click Or get form from reentry.mplp.org (click on child support).on child support).Fill out form.Fill out form.At least 56 days before your court date At least 56 days before your court date you must send a copy to: you must send a copy to: Office of Child Support Office of Child Support Arrears Payment Plan Review UnitArrears Payment Plan Review UnitP.O. Box 30744P.O. Box 30744Lansing, MI 48909-8250Lansing, MI 48909-8250

Filing your Motion for a Filing your Motion for a Repayment PlanRepayment Plan

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

If the Court Grants Your MotionIf the Court Grants Your Motion

The Court will sign the FOC 110.The Court will sign the FOC 110.

You will need to go back to Court You will need to go back to Court after the repayment plan is done to after the repayment plan is done to ask the court to forgive the ask the court to forgive the remainder of the debt.remainder of the debt.

When child support is owed to the When child support is owed to the Custodial ParentCustodial Parent

You will continue to owe money to You will continue to owe money to the custodial parent unless the the custodial parent unless the custodial parent agrees either to:custodial parent agrees either to:– Do a repayment plan (see above)Do a repayment plan (see above)– Forgive the debt.Forgive the debt.

State can do nothing to reduce State can do nothing to reduce amount if all of it is owed to the other amount if all of it is owed to the other parent. parent.

Forgiveness of Debt Forgiveness of Debt By Custodial ParentBy Custodial Parent

The custodial parent must either The custodial parent must either personally go to the FOC office and personally go to the FOC office and sign the proper documents; or sign the proper documents; or

They must send a They must send a notarizednotarized (signed (signed in front of a Notary Public) letter in front of a Notary Public) letter forgiving arrearages.forgiving arrearages.

Strategies to Reduce the Amount Strategies to Reduce the Amount Coming Out of Your PaycheckComing Out of Your Paycheck

1.1. Ask for a support reviewAsk for a support review2.2. File motion to reduce amount of File motion to reduce amount of

payments based on change in payments based on change in circumstances.circumstances.

3.3. Reduce your arrearage: Reduce your arrearage: Incarceration Credit, Repayment Incarceration Credit, Repayment Plans, Forgiveness of Debt.Plans, Forgiveness of Debt.

* Repayment plan sets the amount for * Repayment plan sets the amount for arrearage payment.arrearage payment.

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

Motions to Change Child SupportMotions to Change Child Support

If you are not eligible for a support review you must file a If you are not eligible for a support review you must file a petition/motionpetition/motion for review. for review. – May do so with or without attorney.May do so with or without attorney.– It may take several months till your motion is decided, but the change It may take several months till your motion is decided, but the change

will go back to the date you served the other party.will go back to the date you served the other party.

Do only when there has been a significant change in Do only when there has been a significant change in circumstances.circumstances.Must prove the need for the change. You need EVIDENCE!!!Must prove the need for the change. You need EVIDENCE!!!CAUTION: YOUR SUPPORT COULD GO UP, NOT DOWN. CAUTION: YOUR SUPPORT COULD GO UP, NOT DOWN. To get motion forms:To get motion forms:* * Friend of the CourtFriend of the Court* Legal Assistance Center* Legal Assistance Center (616) 632-6000, Courthouse, 180 Ottawa NW, 5(616) 632-6000, Courthouse, 180 Ottawa NW, 5thth Floor Floor

Common Situations When Motions Common Situations When Motions are Deniedare Denied

The size of the family changesThe size of the family changesThe custodial parent’s income has The custodial parent’s income has increased (unless the increase is increased (unless the increase is enormous)enormous)The bills of the parent filing the The bills of the parent filing the motion have increased (unless it’s motion have increased (unless it’s extraordinary)extraordinary)Asking for change in Alimony not CSAsking for change in Alimony not CS

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

What If I Have What If I Have More than One Case?More than One Case?

Handle each case separately.Handle each case separately.

For example, check with each of the other For example, check with each of the other parents to see if they will forgive arrears.parents to see if they will forgive arrears.

If you file a motion, you will need to file it If you file a motion, you will need to file it in each case for the motion to apply in in each case for the motion to apply in that case.that case.

If you file a repayment plan, try to set one If you file a repayment plan, try to set one payment amount for all of your cases payment amount for all of your cases together.together.

What if I’m not working?FOC will “impute” FOC will “impute” income.income.You must communicate You must communicate with the FOC case with the FOC case workerworker..– Report at least monthly Report at least monthly

on your job seeking on your job seeking efforts, preferably in efforts, preferably in writing.writing.

– Can’t go on indefinitely Can’t go on indefinitely i.e. more than 6 monthsi.e. more than 6 months

If you don’t talk with the If you don’t talk with the caseworker about non-caseworker about non-payment, then you will get payment, then you will get a notice for a a notice for a show cause show cause hearinghearing.. (May happen (May happen anyway.)anyway.)

What If I Can’t Afford the Fee to What If I Can’t Afford the Fee to File a Motion?File a Motion?

File a fee waiver request (MC 20) with your File a fee waiver request (MC 20) with your motion.motion.

Get the MC 20 form from the Legal Get the MC 20 form from the Legal Assistance Center or court clerk.Assistance Center or court clerk.

Make sure to put down if you receive any Make sure to put down if you receive any public assistance, e.g. food stamps, cash public assistance, e.g. food stamps, cash assistance. assistance.

If the Court denies your fee waiver If the Court denies your fee waiver request, you will then have to pay the fee.request, you will then have to pay the fee.

What Is a Show Cause Hearing?What Is a Show Cause Hearing?

A show cause is a court date when you will A show cause is a court date when you will have to explain why you haven’t paid.have to explain why you haven’t paid.– Bring proof to show why you couldn’t pay, or Bring proof to show why you couldn’t pay, or

couldn’t pay as much as required, e.g.couldn’t pay as much as required, e.g.Proof of income.Proof of income.

Lists of jobs you applied for and haven’t gotten.Lists of jobs you applied for and haven’t gotten.

Medical bills showing you’ve been sick.Medical bills showing you’ve been sick.

If you don’t show up for the hearing then a If you don’t show up for the hearing then a warrantwarrant will be issued for your will be issued for your arrestarrest. .

What If I’m Not the Dad?What If I’m Not the Dad?

Time to raise objections to parentage Time to raise objections to parentage is when you are first sued for is when you are first sued for paternity!paternity!

Once you are legally the dad, you Once you are legally the dad, you must pay support, even if you are not must pay support, even if you are not biologically the dad.biologically the dad.

If you are sued for paternity, don’t If you are sued for paternity, don’t get defaulted. Get a paternity test!get defaulted. Get a paternity test!

What If I Can’t See My Kids?What If I Can’t See My Kids?

Parenting timeParenting time– No excuse for failure to pay.No excuse for failure to pay.– File motion for parenting time if you are File motion for parenting time if you are

being denied access to your kids.being denied access to your kids.

Termination of Parental RightsTermination of Parental Rights– You must still pay support.You must still pay support.– Support only stops if kids are adopted.Support only stops if kids are adopted.

What If I’m on Disability?What If I’m on Disability?SSI cannot be garnished for child SSI cannot be garnished for child support. support. – Contact Legal Aid for help.Contact Legal Aid for help.

SSD, pensions and other benefits can SSD, pensions and other benefits can be garnished for child support. be garnished for child support. However, if you only have several However, if you only have several hundred dollars left a month, you hundred dollars left a month, you may be able to get your support may be able to get your support payments reduced.payments reduced.

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

What If I Owe Confinement/Birth What If I Owe Confinement/Birth Expenses for a Child that Lives Expenses for a Child that Lives

in My Home?in My Home?If the father marries the mother after If the father marries the mother after the birth of the child and provides the birth of the child and provides documentation of the marriage to documentation of the marriage to the friend of the court, the father’s the friend of the court, the father’s obligation for payment of any obligation for payment of any remaining unpaid confinement and remaining unpaid confinement and pregnancy expenses is eliminated.pregnancy expenses is eliminated.

What is the Non-Custodial Parent What is the Non-Custodial Parent Program (NCPP)?Program (NCPP)?

Hope NetworkHope NetworkWho qualifiesWho qualifies– Unemployed or underemployedUnemployed or underemployed– FOC will give you a referral to program.FOC will give you a referral to program.– Only have to request a referral from FOCOnly have to request a referral from FOCBenefitsBenefits– No enforcement by FOC for non-payment as No enforcement by FOC for non-payment as

long as complying w/ program.long as complying w/ program.– Help pay for transportation, clothing etc. Help pay for transportation, clothing etc. LimitationsLimitations– A little bit of a waiting list but only for about a A little bit of a waiting list but only for about a

month.month.

Summary of Available ResourcesSummary of Available ResourcesReentry WebsiteReentry Website– http://reentry.mplp.org/reentryhttp://reentry.mplp.org/reentry

Legal Assistance CenterLegal Assistance Center– 55thth Floor of Courthouse: 180 Ottawa Floor of Courthouse: 180 Ottawa

Friend of the Court Friend of the Court – Pro Se MaterialPro Se Material

Legal Aid of Western MichiganLegal Aid of Western Michigan– Does NOT do child support in most casesDoes NOT do child support in most cases– Only gets involved if:Only gets involved if:

Huge arrearage due to incarcerationHuge arrearage due to incarcerationOnly income from disability and cannot survive on amount Only income from disability and cannot survive on amount left after child support is deductedleft after child support is deductedRepayment plans if all arrears owed to state, case in Kent Repayment plans if all arrears owed to state, case in Kent County, and you have a stable source of income County, and you have a stable source of income