Home About Us Testimonials Services FAQ Links Contact Child Support Laws Search By State: Find your State.	Michigan State Profile Updated on 27 Jul 2006 Certified on 24 Sep 2007 A. General/State-At-A-Glance B. UIFSA C. Reciprocity D. Age of Majority E. Statute of Limitations F. Support Details G. Income Withholding H. Paternity I. Support Order Establishment J. Support Enforcement K. Modification and Review/Adjustment L. Lump Sum Payments A. General/State-At-A-Glance A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? State Administered/County Operated. A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? Support Specialists are located in 2 offices. One is located in Central Office/Lansing and the other is located in southeast Michigan/Detroit. A3. With what types of agencies do you have cooperative agreements? Friends of the Court and Prosecuting Attorneys. A4. Does your state have statutes setting forth the attorney-client relationship between the state's attorney and the agency only?   A4.1. If so, what is the statutory citation?   A4.2. Did your state have the State's Bar Counsel issue an opinion setting for the attorney-client relationship?   A4.3. If so, please explain.   B. UIFSA B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? 11/1996 B2. What is the effective date of your State's Act? 06/01/1997 B3. What is the statutory citation for your State's Act? MCL 552.1101 et. seq. For Additional Information - Click Here B4. What version of UIFSA has your state implemented (i.e the 1996 or 2001 version)?   B4.1. If your state has implemented the 2001 version, when was it implemented? 1996 Version B5. Optional comments regarding your State's UIFSA Act.   C. Reciprocity C1. With what foreign countries does your State reciprocate? Canada - Alberta, British Columbia, Manitoba, Nova Scotia, New Brunswick, Newfoundland/Labrador, Ontario, Prince Edward Island, France, Germany, Australia and Great Britain. C1.1. Does your state exercise its option to receive FFP for enforcement of spousal-only orders for foreign reciprocating countries? Yes C1.2. If yes, please explain.   C2. Has your State established reciprocity with any tribal courts? No C2.1. If yes, list the tribes and identify services provided, if less than full services.   D. Age of Majority D1. What is the age of majority in your State? 18, but may order until 19 1/2 for completion of high school, or beyond 19 1/2 by agreement of the parties. D2. What is the statutory cite for the age of majority? MCL 722.3 MCL 722.3a status of Minors Act. For Additional Information - Click Here D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. 18 years of age. D4. Does the date of the order impact what law is applied? No D4.1. If so, please explain.   D5. Does child support end if the child leaves the household but does not emancipate? No D5.1. Optional comments regarding emancipation.   D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? Yes D6.1. If so, please explain. 19 1/2 years of age for completion of high school or beyond 19 1/2 by agreement of the parties. D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?   D7.1. If yes, please describe the procedure.   E. Statute of Limitations E1. What is your State's statute of limitations for collection of past due support? 10 years after last obligation due, and affirmative defense. E2. What is your State's statute of limitations for paternity establishment? Before child's 18th birthday. E3. Is dormancy revival/renewal possible? No E3.1. Please explain the circumstances when possible, and the length of time possible.   F. Support Details F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? Modified income shares. F2. Does your State charge interest on missed arrears? No F2.1. If yes, please indicate the amount of interest charged and any related conditions. Charging interest on child support debts is against state law [MCL 552.603(8)]. A surcharge is assessed twice a year on all unpaid support showed owing on January 1 and July 1 less an amount equal to one month's support, pursuant to 552.603a. Surcharge is assessed on cases when both case and docket status is open and is based on the average interest paid at auction for five year United States Treasury notes [T-Note] for six months preceding January 1 and July 1, plus one percent. Surcharge calculation is ([T-Note Amount + 1]/2/)/100. Surcharge assessed prior to January 15, 2004 will compound, however, surcharge assessed after January 15, 2004 will no longer compound. Surcharge will not be assessed on any support ordered before the orders issue date. This applies to orders where the issue date is July 1, 2004 and after. F3. Does your State charge interest on retroactive support? No F3.1. If yes, please indicate the amount of interest charged and any related conditions. However, support is not exempt from surcharge if the original order was entered by the court before July 1, 2004. If the retroactive support is ordered to be paid in periodic payments, those periodic payments which come due and remain unpaid are subject to surcharge. F4. Does your State charge interest on adjudicated arrears? No F4.1. If yes, please indicate the amount of interest charged and any related conditions.   F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? Yes F5.1. If so, under what circumstances? Proportional share of medical expenses as determined by State formula. F6. Have you elected to recover costs or charge fees in your State Plan? Yes F6.1. If yes, what costs are recovered from/fees charged to the obligee? None F6.2. What costs are recovered from/fees charged to the obligor? Michigan collects service fees (SF) as authorized by MCL 722.729; 552.23(3); 552.457(1); and 780.173(1) when ordered by the court, and processing fees (PF)authorized under MCL 600.2538 for Michigan initiated cases and cases that Michigan has CEJ. F7. Does your State recover costs on behalf of the initiating State? Yes F7.1. Optional comments regarding recovering of initiating State's fees.   F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. UIFSA - MCL 552.1201 Revised Judicature Act, MCL 600.701 - 600.775. For Additional Information - Click Here F9. Does your State establish, enforce, or modify spousal maintenance orders? No F9.1. If yes, under what circumstances? Orders can be entered by the court, but not established by IV-D. Spousal Maintenance Orders can be enforced if accompanying a child support obligation. Orders can be modified by the court but not handled by IV-D. F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? Yes F10.1. Optional comments regarding required information on spouse or partner. Properly completed interstate forms packages provides all required information. G. Income Withholding G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? Income Withholding Notice (IWN). Interstate Income Withholding Order (IIW). Wage Withholding. G2. What specific source of income is not subject to withholding? Public Assistance and certain qualified Retirement Plans and Veterans benefits. For Additional Information - No Link Provided G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? No G3.1. If yes, what are those limits?   G4. What is the allowable fee per pay period for processing income withholding payments? None. Michigan does not allow employers to charge fees for income withholding. G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? The income withholding is binding seven days after service on an employer. G6. What is the date by which an employer must remit amounts withheld from an employee's pay? Within three days of withholding. G7. What are your State's procedures for sanctioning employers for not implementing income withholding? Contempt of Court powers. G8. What is the penalty to an employer for failure to remit payments withheld? Contempt of Court powers. G9. Does your State allow direct income withholding of unemployment insurance benefits across State lines? Yes G9.1. Optional comments regarding direct withholding of UI benefits across State lines. Send Income Withholding Notice to the Michigan Employment Security Agency, address is located under FIPS address. G10. Does your State allow direct income withholding of workers' compensation benefits across State lines? Yes G10.1. Optional comments regarding direct withholding of WC benefits across State lines. Send writing of Contempt for lump sum payment to local insurance carrier. G11. How does an obligor contest income withholding in your State? Must contest through the local Friend of the Court within 21 days of filing of order. G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). Withheld income is applied proportionately to current obligations under all orders, then to ordered on arrears under all orders, then arrears under all orders. Example: Obligor has two support orders for current support, with order "A" requiring $100 per week and order "B" requiring $50 per week. Due to CCPA limitations, the obligor only has $100 per week available income, so $66.67 (approx.)would be applied to order "A" and $33.33 (approx.) applied to order "B". G12.1. If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance? Yes G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed.   For Additional Information - No Link Provided G13. Does your state require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? The amount of medical premium that can be deducted from gross income is the difference between single and family coverage. G14. When does your state require the employer to send notice of an employee's termination? When employment is terminated or interrupted for a period of 14 or more consecutive days. G15. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? Not addressed in statute. We anticipate that the employer will use the existing IWN request if the obligor returns to employment unless otherwise noticed. G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? No G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? No G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? Employer, Worker's Compensation Agency, Unemployment Insurance Agency. G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. Current support, arrears and then medical support. H. Paternity H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? Yes H1.1. If yes, please explain. Support and Parenting Time Enforcement Act 295 of 1982 For Additional Information: http://www.michiganlegislature.org H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? 99% or higher Probate Code of 1939 (Excerpt) Act 288 of 1939MCL 712.12 H3. Optional comments regarding paternity acknowledgment conclusive legislation. Has always has been conclusive proof of paternity. However, MCLA 722.1011 states, the mother of the child, the father of the child or a prosecuting attorney can file for revocation of an acknowledgement of parentage on the following grounds: (a) Mistake of Fact (b) Newly discovered evidence that by due diligence could not have been found before the acknowledgement was signed. (c) Fraud (d) Misrepresentation or misconduct (e) Duress in signing the acknowledgment The party filing the claim for revocation has the burden of proving by clear and convincing evidence, that the man is not the father and that, considering the equities of the case, revocation of the acknowledgement is proper. The procedures for determination of a claim for revocation apply to all acknowledgements , including those signed before the effective date of the act. H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? 06/01/1997 H4.1. Were acknowledgments prior to that effective date rebuttable? No H4.2. Optional comments regarding paternity acknowledgments prior to that date. See H3.1 H5. Does marriage constitute a rebuttable presumption of paternity? Yes H5.1. How is the presumption rebutted? Only in a court proceeding, if child is not a product of the marriage. And, only if the putative father is available and then the legal father excluded. H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? Yes H6.1. If not, briefly explain. Can only be included if legal father through marriage or by signing paternity affidavit. H7. Does your State have any other paternity-related presumptions? No H7.1. If yes, briefly explain.   H8. Does your State have a putative fathers' registry? No H8.1. If so, what is the name of that entity?   H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? Yes H9.1. Please describe any circumstances under which these fees may be waived. None. H10. Is common law marriage recognized in your State? No H10.1. If yes, briefly describe the standard that defines common law marriage. No, common law marriage has not been recognized since 1/1/1957 in Michigan. http://www.michiganlegislature.org/mileg.asp?page-getObject&objName=mcl-551-2&highlight=marriage H10.2. When did your current common law standard go into effect? 01/01/1957 H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? Please see MCL551-2 H11. When the custodial parent and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) Deposition; Teleconferencing may be possible in uniquely arranged circumstances. H12. Please give the cite for your State's long arm statute and list any special provisions. MCL 552.1201 Uniform Interstate Family Support Act (Excerpt) Act 310 of 1996 For Additional Information - Click Here H13. Does your State recover genetic testing costs for other States? Yes H13.1. If so, please explain. Initating state pays the costs for genetic testing. Responding state will place a repayment clause in the order if the genetic test does not exclude the man as father. H14. Are there any other documents that are required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? Please see MCL 333.2872 and MCL 333.2891 H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? 09/30/1978 H16. If there is more than one child with the same custodial parent, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? One set of documents with a paternity affidavit for each child. I. Support Order Establishment I1. Does your State use an administrative or a judicial process to establish a support obligation? Judicial. I1.1. If your State can establish under both, under what circumstances would the administrative process be used? UIFSA/URESA petitions handled by prosecuting Attorney in county of respondent. I1.2. Under what circumstances would the judicial process be used? UIFSA/URESA Registration requests are handled by Friend of the Court in obligor's county of residence; Interstate Income Withholding requests processed by Friend of the Court in the county where the obligor's employer is located; Support collections made under any type of MI child support order processed by Friend of the Court where order is entered. I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. For Additional Information - Please see MCL 552/517 For Additional Information - No Link Provided I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) The formula considers such issues as the income of each parent, family size, child care expenses, otherminor children, and pre-existing support orders. The Custodial Parent's net income/assets are used, also new spouse and child's income can affect the calculation. I3. What criteria for rebutting your presumptive guidelines have been established in your State? If applying guidelines would be unfair or unjust. MCL 552.605(2) I4. Will your State establish support orders for prior periods? Yes I4.1. If so, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? In paternity cases, a child support order is retroactive only to the date the paternity complaint was filed unless any of the following circumstances exist: *the defendant was avoiding service of process. *The defendant threatened or coerced through domestic violence or other means the complainant not to file a proceeding under this act. *The defendant otherwise delayed the imposition of a support obligation. MCL 722.717 I4.2. What information or documentation does your State require to proceed? Required UIFSA documentation. I4.3. Will your State allow a petition for support when the only issue is retroactive support? No I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. In paternity cases, a child support order is retroactive only to the date the paternity complaint was filed unless any of the following circumstances exist: *The defendant was avoiding service of process. *The defendant threatened or coerced through domestic violence or other means the complainant not to file a proceeding under this act. *The defendant otherwise delayed the imposition of a support obligation. MCL 722.717 I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? None I6. What is your State's statutory authority for the administrative process? Please see MCL 552.517 For Additional Information - No Link Provided I7. Is there a local State law that allows the interstate administrative subpoena? No I8. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? No I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? No I10. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? No I11. When your state has issued an order that reserves support, and now child support should be ordered, should the other state request an establishment or a modification action? Modification J. Support Enforcement J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e, judicial, administrative, or both?   J1.1. Are your State income tax refund procedures judicial, administrative, or both? Administrative. J2. Is the lien process in your State judicial, administrative or both? Both. Real and personal property are subject to judicaial seizure. Financial assets are subject to administrative seizure. J2.1. What are the trigger criteria for filing a lien? Past Due support in an amount that exceeds 2 times the monthly amount of periodic support payments payable under the payer's support order. Internal policy provides for accrual of twelve months prior to triggering lien on financial assets.. J2.2. Where is your State liens filed? RE- County Registry of Deeds PP- Secretary of State FA - Financial Institutions J2.3. Does your State charge a fee for filing a lien? Yes J2.4. If so, please indicate the amount. Motor Vehicle - $1 Tangible and intangible personal property $3 RE Only $10-1st page, $3-2nd page up, $4 remounumentation fee Financial Institutions may charge a varying amt, at time of levy, up to 10% of amt levied. J.3. Does your State enforce property seizure and sale? Yes J3.1. Are the property seizure and sale procedures judicial, administrative, or both? Judicial. J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? Administrative with judicial de novo review. J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? There is a general notice requirement that the obligor be notified when liens arise from operation of law and that property can be seized if past due support exceeds 2 months obligation. There is another notice requirement when the lien is perfected(filed) that must include: the lien has been perfected against specified property, the amount of arrearage, the property is subject to seizure after 21 days unless the obligor pays the entire arrearage or requests a hearing and that the grounds for hearing are mistakes of fact concerning the identity of the property owner or the amount owed. J4.2. Does your State's income withholding definition include amounts in financial institutions? No J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? Yes J4.3.1 If so, who notifies the NCP, the State or Financial Institution? The financial institution serves a notice of perfection of lien on NCP when Lien is perfected. The notice includes the following info: property can be levied if NCP does not request a review within 21 days notice that the lien was perfected; and that he/she may ask for a modification of his/her child support order, because of a change in circumstances. J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? After assets are frozen. J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? No minimum delinquency amount, but the amount must be at least two month's worth of support..(Arrears must equal 1 year's obligation only for central actions, local actions can act upon 2 month's of obligation). No accounts exempt, however, if ownership of the account is in question, the IV-D agency does not seize the account. J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? See J 5.1 J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? Indefinite. J5.3. 1. If yes, please provide the time frame.   J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? No J5.4.1. If yes, please provide the percentage.   J5.4.2 . Is the percentage different for joint accounts? Yes J5.4.3. If yes, please provide the amount. Joint ownership must be proven and funds will be relased based on percentage of proven ownership. 3 months of bank statements and proof of all deposits are required in order to make a percentage joint ownership determination. J5.5. Does your state require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so please provide the amount. No absolute minimum but guideline is $500 or more reported in an account. J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? State J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? 21 days from the date the lien was placed at the financial institution. J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your state child support agency or court to challenge the Freeze and Seize action? De Novo review to count: 21 days after administrative determination. J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action? Mistake of fact; He/she claims not to be the obligor, the account does not belong to the obligor, or, they disagree with the arrears balance J5.10. Is your State's complaint review process judicial, administrative or both? Both-Administrative, with judicial de novo review. J5.11. What are your State's penalties for incorrect seizures? None J5.12. Is the second challenge administrative, judicial or both? Judicial J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? 21 days from date of Writ of attachment is served on financial institution. Financial institution sends notice to other listed account holders. Non-Debtor must request administrative review with the Friend of the Court or IV-D agency. J5.14. Is the Freeze and Seize operation in your state centralized or automated? Centralized. J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? Financial institution will charge a levy fee of up to 10% which will be taken out of the obligor's account. In order of priority, tax liens are satisfied first, any lien placed by the financial institution is satisfied second and child support liens are satisfied third. Out-of-State IV-D agency must certify that notice has been given to obligor and certify that the lien amount totals 1 year obligation (1 year for CEU to process, but only 2 months if local FOC processes..)The lien must contain identification of the specific property to be liened; the vehicle identification number (VIN) for vehicles, the legal description of real property, and account number(s) for financial accounts. J5.16. Has your state established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? No J5.16.1. If yes, what is the amount?   J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? Yes J5.17.1 If yes, please provide the state authority and the procedures Financial Institutions should follow to liquidate non-liquid assets. J5.17-State law requires financial institutions to automatically liquidate assets prior to sending them to the Michigan State Disbursement Unit J5.17.1-Liquidate before sending asset to the Michigan State Disbursement Unit. The financial institution may charge the account holder a resulting fee of other cost or penalty. J5.18. Does your state law/policy instruct the Financial Institution or state to hold the frozen assets during the challenge/appeal time frame and/or freeze period? IV-D Agency instructs the FI to hold funds indefinitely until challenge is completed. J5.19. How long does the Financial Institution have to send the obligor's assets to your state child support enforcement agency? If lien is not contested, FI must send funds by the 28th day after the lien is placed. FI must send or release funds immediately upon results of the challenge. J5.19.1 . If yes, please define.   J6. Does your state withhold state funds or benefits? Yes J6.1. If yes, is the method of withholding state benefits judicial, administrative, or both? Administrative. J7. Please describe any other administrative enforcement procedures your state may have. Lottery intercept, license suspension and credit bureau reporting, tax refund offset. J8. Please describe any other judicial enforcement procedures your state may have. Contempt powers of the court and criminal procedures - Judicial. J9. If your state has established specific procedures for registering administrative liens, what are the procedures that another state must follow? Lien must be recorded with record of ownership of property to be encumbered: Titled Personal Property - Secretary of State Real Property - County Register of Deeds Financial Accounts - Financial Institution For Additional Information - No Link Provided J10. Which of our state's enforcement remedies are available without registration? Income Withholding and Lien. J11. Describe your state's registration and enforcement procedures. Confirmed UIFSA/URESA registered order is treated in the same manner as an order issued by the Michigan court. J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. Seizure of property subsequent to Lien. J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? Yes J13.1. If yes, please provide the statutory citation. Public Act 502 of 1996, MCL 691.1171-.1179 For Additional Information - Click Here J14. Does your state's law require financial institutions doing business in your state to accept Freeze and Seize actions directly from other states? Yes, this is the language in the law. J14.1. If no, describe the process for a Freeze and Seize action from another state's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required).   J15. Does your state use credit bureau reporting as an enforcement method? Yes J16. Provide which credit bureaus your state report an obligor's child support information? Innovis J17. Is the method for credit bureau reporting judicial, administrative or both? Administrative J18. In an interstate case, does your state report an obligor's child support information to credit bureaus when it is the initiating state, the responding state, or both? Both J19. What are your state's criteria for reporting an obligor's child support information to credit bureaus? 2 months in arrears or greater, unless the arrears are paid in full or a motion is filed contesting the balance with 21-days of the notice. K. Modification and Review/Adjustment K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? Please see MCL 552.517. Not less than once every 36 months unless both of the following apply (as of 6/30/05) *Neither party has requested a review *Reasonable grounds to review an order to not exist. Prior to 6/30/05 reviews are conducted not less than once every 24 months unless both of the following apply *Neither party has requested a review *Reasonable grounds to review an order do not exist. K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? (1) A party requests a review in writing. This applies to each party independently and regardless of the assistance status of the child. (2) The child subject to the order receives TANF or Medicaid unless: a. Good cause exists not to proceed with support action, and b. Neither party requests a review. (3) The child subject to the order receives Medicaid unless the order provides for health care coverage of the child and neither party requested a review. (4) The initiating state in an interstate case requests a review on behalf of a recipient of Title IV-D services. The Court can also review a child support order at its initiative if there is reason to believe that the child support award requires change or that dependent health care coverage is available to parties so that they can file their own actions. K3. Briefly describe your State's modification procedure. The Court reviews income information submitted by parties and makes support recommendation based on state's child support formula. Parties are provided with notice of FOC's recommendation and are given chance to object to proposed order. If parties do not object, or lose objection, recommendation is confirmed by issuance of an order by the Court. See MCL 552.517 K4. What are your criteria for modification (e.g., $50 or 20% from present order)? For FOC initiated review, criteria includes a change in the physical custody of a child not ordered by court, increased or decreased need of a child, changed financial conditions of the parties, probable access by an employed parent to dependent health care coverage. The "minimum threshold for modification" is ten-percent (10%) or more of the existing order for $25 per month, whichever is less. Please see the link below to the 2004 Michigan Child Support Formula. www.courts.michigan.gov/scao/resources/publications/manuals/focb/2004MCSFmanual. K5. Which of the following criteria for demonstrating a change in circumstances apply, if any?   K5.1. The earnings of the obligor have substantially increased or decreased. Yes K5.2. The earnings of the obligee have substantially increased or decreased. Yes K5.3. The needs of a party or the child(ren) have substantially increased or decreased. Yes K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. No K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. Yes K5.6. There has been a substantial change in child care expenses. Yes K5.7. What other criteria does your state use for demonstrating a change in circumstances or comments regarding change of circumstances? Link to th 2004 Michigan child support formula manual and schedules http://courts.michigan.gov/scao/resources/publications/manuals/focb/2004MCSFmanual.pdf K6. Does your State have cost of living adjustments (COLAs)? No K6.1. If so, what index does your State use? None K7. How does your state credit SSA disability to current and past due support? All Social Security Retirement, Survivor's, or Disability Insurance benefits received by the children in the case under consideration, other than those based on the earnings record of the noncustodial parent, must be considered custodial parent income. K8. Does your state abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.   K8.1. If so, please explain the situation?   K8.2. What is the statutory cite for your abatement law? MCL Section 780.164 For Additional Information - No Link Provided K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. Uniform support petition, general testimony, affidavit of parentage, certified copy of order including pay records. K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. The link below provides all necessary details for obtaining birth and paternity record copies including application forms, eligibility information and fees. http://www.michigan.gov/mdch/0,1607,7-132-4645---,00.html Mailed requests should be sent to Vital Records Requests, PO Box 30721 Lansing, MI 48909 the fee for a certified copy is $15.00 K9. What information is required to register an out-of-state order for enforcement/modification? Uniform support petition, general testimony, affidavit of parentage, certified copy of the order including pay records. L. Lump Sum Payments L1. Does your state define a lump sum payment? Yes L1.1 If yes, please provide your state's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? "Lump sum payment" is not defined specifically, but our definition of "income" includes certain types of lump sum payments. "Income" means any of the following: Commissions, earnings, salaries, wages,f and other income due or to be due in the future to an individual from his or her employer and successor employers. A payment due or to be due in the future to an individual from a profit-sharing plan, a pension plan, an insurance contract, an annuity, social security, unemployment compensation, supplemental unemployment benefits, or worker's compensation. An amount of money that is due to an individual as a debt of another individual, partnership, association, or private or public corporation, the United States or a federal agency, this state or a political subdivision of this state, another state or a political subdivision of another state, or another legal entity that is indebted to the individual. L1.2 Provide the statutory citation. MCL 552.602(n) For Additional Information - No Link Provided L2. Does your state law require employers to report lump sum payments? Yes L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. Michigan requires employers (sources of income) to comply with the Federal Income Withholding Notice which includes information regarding lump sum payments. L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? Yes L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? Information provided on the income withholding notice directs employers to contact the Special Initiatives Unit (SIU) of the Office of Child Support when a lump sum payment is payable to the employee. The SIU then provides a report to the employer of employees for which lump sum withholding is required. Employees with no arrears will not be provided on the report, unless the lump sum is a bonus in which the employee is to provide a percentage of as a part of their support obligation. L4. How are employers instructed to report a pending lump sum? Employers are provided with an amount of arrears or percentage of the bonus that is to be withheld. If the amount of arrears is more than the amount allowed in the Consumer Credit Protection Act (CCPA), the employer is directed to take the amount allowed by the CCPA. L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. Information will be provided by the SIU to employers no later than two business days. L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? The employer may process the lump sum payment as soon as the information is provided to them by the SIU. Lump sum payments, however, are sent to the Michigan State Disbursement Unit, not to the custodial parent. L7. Does your state use the income withholding order to attach the lump sum payment? Yes L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum?   L8. Does your state use the lien/levy process to attach the lump sum payment? Yes L8.1 If yes, what is the name of the document your state uses to attach lump sum payment? Order/Notice to Withhold Income for Child Support L9. What other documents does your state use to attach lump sum payments? The type of document used depends on the type of income/funds being attached: *Private pension and retirement accounts are attached with a Qualified Domestic Relations Order (QDRO); *Government pension and retirement accounts are attached with an Eligible Domestic Relations Order (EDRO) *Inheritances, legal awards, worker's compensation and insurance settlements can be attached with a Notice of Lien *Non-employer lump sum payments may be garnished L10. Does your state require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? Yes L10.1 If yes, what are those limits? 50% - If the NCP supports a second family, and the case has arrears for less than 12 weeks of support 55% - If the NCP supports a second family, and the case has arrears for more than 12 weeks of support 60% - If the NCP does not support a second family, and the case has arrears for less than 12 weeks of support 65% - If the NCP does not support a second family, and the case has arrears for more than 12 weeks of support For Additional Information - No Link Provided L10.2 If no, what percentage is the employer required to withhold? N/A L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? Yes L11.1 If yes, would the employer only withhold for that period's obligation? no. Both payments must be evaluated and submitted according to their own CCPA limitations.

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