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  1. #1
    Join Date
    Sep 2006

    Question State Of Michigan Judicial Circuit Court "Motion For Payment Plan"

    What is the recipe for writing a good state of michigan judicial circuit court "Motion for payment plan?" Is it possible to view others that have been approved that I may taylor mine after them? What kind of lawyer should I seek for assistance in this matter? This is basically the result of wayne county foc issues just after the time when you could marry you significant other and have the debt resloved. Unfortunately the mother of my children went to apply for public assistance during a very difficult time only to have her case worker turn f.o.c. on to me even though we were still together and taking care of our children jointly. No matter who I talked to I was basically told that once you're in the state's system, you're in and they want money. Years ago she signed off on the money that would have been owed to her but money owed to the state remains. I happened across this motion as a means of low income non-custodial parents attempting to pay arrears but because of their financial situations will be virtually impossible to acheive in the forseeable future. I have done hours of reading and searching to find a way to resolve my debt to the state and have happened upon this, now I need assistance to file the motion in a manner that will prove to be successful or at least have a better chance than one prepared by only myself and my limited knowledge of the law. Please help and thank you very much for your input in advance.

    I have included the begining section of the report:

    SUBJECT: State IV-D Program Flexibility with Respect to Low Income Obligors -- Imputing Income; Setting Child Support Orders and Retroactive Support; Compromising Arrearages; Referral to Work-Related Programs and Other Non-traditional Approaches to Securing Support

    Our goal in issuing this PIQ is to clarify for State IV-D agencies the flexibility that exists under Federal IV-D requirements in setting support obligations and securing collections from low-income obligated parents.

    The HHS Office of the Inspector General (OIG) recently released the results of a study entitled The Establishment of Child Support Orders for Low Income Non-custodial Parents, OIG-05-99-00390, which can be found on OCSE's website at: /programs/cse/extinf.htm The major findings of the study were:

    Retroactive Support: Most sampled States routinely charge non-custodial parents for retroactive support. The longer the period of retroactivity, the less likely it is that the parent will pay any support.
    Income Imputation: Most sampled States impute income when the non-custodial parent is unemployed or income is unknown. Income imputation appears ineffective in generating payments.
    Minimum Orders: Six of the sampled States routinely establish minimum orders when the non-custodial parent has limited payment ability. Minimum order cases exhibit lower payment compliance than other cases.
    Debt Owed to the State: Most sampled States will not reduce debt owed to the State by the non-custodial parent except in rare cases. Median debt on 1996 cases was over $3,000.
    Job Programs: Few sampled child support agencies formally link with job programs. Non-custodial parent participation in such programs is minimal.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: State Of Michigan Judicial Circuit Court "Motion For Payment Plan"

    If you are paying child support and have an arrearage, I would assume that you're already on a repayment plan - your current support obligation plus some portion of your arrearage. Is that not the case?

  3. #3
    Join Date
    Sep 2006

    Default Re: State Of Michigan Judicial Circuit Court "Motion For Payment Plan"

    No, there's actually no child support due. The money owed is to the state because the childrens mother was on aid although I worked. I didn't want us to turn into one of those families with generations on public assistance. She signed off on the child support ages ago during a "Show cause" hearing and I went through a period of no work for three years due to being fired and followed by a medical condition but by then she long been off public assistance. There was a "show cause" hearing that was scheduled that I was unaware of because of a change of address. I need to get caught up on this matter and I would love to avoid the inside of a cell while doing it. I was informed that the money due is because of the grants she received plus the interest. I even went through the whole fact finding thing of "No judge can order away the debt" and so on. My children are now 19 and 21 and would stand and tell anyone of the type of father I have been all their lives, it hasn't been until recent times since my oldest joined the army and her sister moved to Fort Hood, TX with her that we've even spent more than a few days apart. At some point I know my daughter will be stationed abroad again (she did one tour in Iraq already) and I want to be able to visit her. As it stands now I could never even get a passport. I want to get this resolved. It sucked in the first place that the state basically said we couldn't be a family if they were going to help my children, now I just want to pay my debt and make this go away.

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