Michigan Laws 552.517f – Abatement of child support order upon incarceration of 180 days or more; notice; objection and administrative review; modification of order
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Terms Used In Michigan Laws 552.517f
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Court: means the circuit court. See Michigan Laws 552.502
- Department: means the department of health and human services. See Michigan Laws 552.502
- Friend of the court: means the person serving under section 21(1) or appointed under section 23 as the head of the office of the friend of the court. See Michigan Laws 552.502
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Income: means that term as defined in section 2 of the support and parenting time enforcement act, MCL 552. See Michigan Laws 552.502
- month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j
- Payer: means a person ordered by the circuit court to pay support. See Michigan Laws 552.502a
- Recipient of support: means the following:
(i) The spouse, if the support order orders spousal support. See Michigan Laws 552.502astate: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o Support: means all of the following:
(i) The payment of money for a child or a spouse ordered by the circuit court, whether the order is embodied in an interim, temporary, permanent, or modified order or judgment. See Michigan Laws 552.502aSupport order: means an order entered by the circuit court for the payment of support in a sum certain, whether in the form of a lump sum or a periodic payment. See Michigan Laws 552.502a
(1) The monthly amount of support payable under an order must be abated, by operation of law, effective the later of the effective date of the amendatory act that added this section or the date the payer becomes incarcerated for 180 consecutive days or more and does not have the ability to pay support. The abatement terminates according to subsection (9). Both of the following apply:
(a) It is presumed that the payer does not have the ability to pay the monthly amount of support payable under an order.
(b) If the payer has the ability to pay support, the abatement under this section does not apply.
(2) Notwithstanding section 17(1), if the payer has income or assets, the friend of the court shall initiate a review and modification according to section 17 and 17b.
(3) The friend of the court must send a notice of abatement according to this section to the payer and recipient of support. The notice of abatement must include the effective date of the abatement and reason to object. The notice of abatement must be filed with the court. The payer and recipient of support have 21 days to object in writing based on mistake of fact or mistake of identity.
(4) The friend of the court shall not adjust the records to reflect the abatement under this section until 21 days after the friend of the court notifies each party of the proposed action and each party’s right to object.
(5) Upon receipt of an objection, the friend of the court shall not adjust the records as described in subsection (4). The friend of the court shall conduct an administrative review and consider only a mistake of fact or mistake of identity in its review. If the friend of the court finds no mistake of fact or mistake of identity, the friend of the court must notify the payer and recipient of support of the administrative review determination and that subsection (1) applies. The payer or recipient of support may object to the review determination by filing a motion in the circuit court that issued the support order within 21 days after the review determination notice.
(6) If a motion is not filed in the circuit court within 21 days after the review determination notice, the friend of the court must adjust the record to reflect the abatement under this section.
(7) If the friend of the court finds a mistake of fact or mistake of identity during the administrative review required by subsection (5), the friend of the court must notify the payer and recipient of support of the administrative review determination and take action appropriate to the mistake. The review determination must be filed with the court.
(8) The adjustment to the record described in subsections (4) and (6) cannot exceed the payer’s monthly amount of support and the past due support.
(9) When the payer is released from incarceration, the monthly amount of support payable under the order remains abated until the order is modified. Both of the following apply:
(a) Absent good cause to the contrary, a support payment under a modified support order is due no sooner than the first day of the first month following the 90th day after release from incarceration.
(b) Notwithstanding any law to the contrary, a support payment due under a modified support order entered after the 90th day after release from incarceration, may be effective on the first day of the first month following the 90th day after release from incarceration. If the effective date is determined according to this subsection, the amount of support for each month since the effective date to the present date must be calculated using the actual resources of each parent during each month.
(10) Upon learning the payer is released from incarceration, the friend of the court must initiate a review within 30 days according to subsections (2) to (9) of section 17 and 17b.
(11) The state court administrative office under the supervision and direction of the supreme court may implement a policy to assist offices of the friend of the court in implementing the abatement of support under this section. The state court administrative office must develop forms for use by offices of the friend of the court and parties to implement this section.
(12) The department of corrections and any local unit of government operating a jail must provide the title IV-D agency with the record necessary to identify payers who are or will be incarcerated for 180 consecutive days or more, the crime for which the payers are incarcerated, the payers’ release date, and any information or record that assists in implementing this section as determined by the title IV-D agency. As used in this subsection, “jail” means that term as defined in section 62 of the corrections code of 1953, 1953 PA 232, MCL 791.262.