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Michigan State Law

1. General Program-At-A-Glance

1. How many local child support offices are in your state excluding agencies with cooperative agreements?
Support Specialists are in 2 offices. One is in the Central Office/Lansing and the other is located in southeast Michigan/Detroit.
2. What is the name of your IV-D agency?
Michigan Office of Child Support. All OCS staff perform work remotely and will remain working remote indefinitely.
3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.
Michigan uses a judicial process to establish a support obligation. Some enforcement activities are administrative; MCL 552.517
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4. Does your state use the following applications: EDE, CSENET, QUICK?
Yes

2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).
The age of majority in Michigan is 18. Child support can continue until the age of 19 and a half if the child is still in high school and lives full-time with the parent receiving child support payments. MCL 552.605b
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2. 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. Child support can continue until the age of 19 and a half if the child is still in high school and lives full-time with the parent receiving child support payments. MCL 552.605b
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3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.
No.
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4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.
A court may order support paid until 19 and a half years of age for completion of high school or beyond 19 and a half by agreement of the parties. MCL 552.605b
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5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.
The child emancipates before the normal duration, marries, is adopted by someone other than the non-custodial parent, enters the military service or the court orders the support obligation to end.
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6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?
No.
7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.
Yes, according to the specific language included in the order based on judicial discretion.
8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.
Yes. The court may order child support for the time a child is regularly attending high school on a full-time basis with a reasonable expectation of completing sufficient credits to graduate from high school while residing on a full-time basis with the recipient of child support or at an institution, but in no case after the child reaches 19 years and 6 months of age. A complaint or motion requesting support as provided in this section may be filed at any time before the child reaches 19 years and 6 months of age.

3. Statute Of Limitations

1. What is your state's statute of limitations for the collection of past-due support?
The period of limitations is 10 years from the date that the last support payment is due under the support order regardless of whether the last payment is made. MCL 600.5809
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2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.
An action for paternity must be made before the child's 18th birthday. MCL 772.714
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3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?
Yes. The 10-year limitation period is renewed if any payment is made. The payment can be from either a direct payment from the NCP, or an enforcement measure such as tax refund offset. If a payment is made, the 10-year period starts over.
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4. Support Details

1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?
Michigan calculates child support following a modified income shares method.
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2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.
Yes. MCL 552.603(11) precludes interest from accruing on a support order. However, MCL 552.603a permits the court to order a surcharge on January 1 and July 1 of each year for arrears due as of those dates, if the court determines the failure to pay support was willful. MCL 552.603a states: "(T)he surcharge shall be calculated at 6-month intervals at an annual rate of interest equal to 1% plus the average interest rate paid at auctions of 5-year United States treasury notes during the 6 months immediately preceding July 1 and January 1 as certified by the state treasurer. The amount of the surcharge shall not compound. The amount shown as due and owing on the records of the friend of the court as of January 1 and July 1 of each year shall be reduced by an amount equal to one month's support for purposes of assessing the surcharge." Until January 1, 2010, Michigan automatically assessed the surcharge.
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3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.
No.
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4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.
No. After January 2, 2011, if the court orders surcharge be added to support payments that are past due, MCL 552.603a(3) provides that a surcharge shall not be assessed for the current semiannual cycle in these circumstances. One of the circumstances is "in a case in which a support order is entered after July 14, 2004, for any period of time a support order did not exist if support is later ordered for that period."
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5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?
Yes, Proportional share of medical expenses as determined by the Michigan Child Support formula and established in the support order. For additional information - refer to MCL 552.511a.
6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?

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6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain.
If family member A is named on the grant and the grant amount paid to the family "includes an amount for family member A, support due to family member A will be assigned to the state as a condition of receiving assistance (or receiving assistance on behalf of a family member)even if family member A is not the grantee, support due family member A is assigned or "Does not include an amount on family member A's behalf, then the support due to family member A will not be assigned to the state. This is because family member A is not receiving assistance, nor is assistance being paid on family member A's behalf. Therefore, no condition for assignment exists. MCL 552.23(2) Support may be redirected to a different payee only when that different payee is legally responsible for the actual care, support, and maintenance of the child. MCL 552.605d.
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7. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
Yes. Michigan law allows the court to abate the support obligation or redirect the support payments to the person legally responsible for the child. The law also assigns child support to the state when a child enters foster care. MCL 552.605d.
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8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit?
Under the MCSF, consideration is given for dependent RSDI benefits custodial parties may receive directly from the SSA on behalf of a child when determining the non-custodial party's support obligation. Yes. the RSDI benefits that CPs receive directly are considered and credit is given as appropriate.
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9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.
Yes, Michigan law requires the FOC, with appropriate due process for the parties, to abate child support by operation of law when a payer becomes incarcerated for 180 days or more. Although the law presumes that the incarcerated payer does not have the ability to pay support, the FOC is not required to abate support if the payer has assets to continue to pay child support. If the payer has income or assets, the FOC will initiate a review and modification. MCL 552.517f(i)
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5. Paternity/Parentage

1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.
Yes, Genetic testing that determines a man is the biological father of a child under this act establishes paternity. If genetic testing establishes paternity as described in this subsection, the mother is granted initial custody of the child, without prejudice to the determination of either parent's custodial rights, until otherwise determined by the court or otherwise agreed upon by the parties in writing and acknowledged by the court. This grant of initial custody to the mother does not, by itself, affect the rights of either parent in a proceeding to seek a court order for custody or parenting time. MCL 722.1469
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2. 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 1939 MCL 712.12
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3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).
If a child is born out of wedlock, a man is considered to be the natural father of that child if the man joins with the mother of the child and acknowledges that child as his child by completing a form that is an acknowledgment of parentage. MCL 722.1003
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4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.
Yes. When a mother is married at the time of her child's conception or birth, her spouse is presumed to be the child's legal parent. There are times when a child is conceived or born during a marriage, but the child is not the biological father. In these cases, the husband is still presumed to be the legal father until paternity is successfully challenged. MCL 333.2824(1) and MCL 552.29
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5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.
No. A birth certificate does not constitute a legal finding of paternity and is not a substitute for an acknowledgement of paternity, adjudication of paternity or evidence of marriage. Paternity is presumed or otherwise established by means of a presumption of paternity if the child's mother is married at the time she becomes pregnant or at the time of the child's birth, or upon the execution and filing of a valid acknowledgement of paternity, or an adjudication of paternity. Three state laws regarding the establishment of paternity in Michigan: The Paternity Act (Michigan Compiled Law-MCL 772.711-730), the Acknowledgement of Paternity Act (MCL 722.1001-1013), and the Genetic Parentage Act (MCL 722.1461-1475).
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6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe.
No.
7. What, if any, is the agency name and link for your state's putative fathers' registry?
None.
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8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?
Birth records can be requested from the state of Michigan through the Michigan Division of Vital Records and Health Statistics. A birth certificate can be requested by mail, online, by phone or in person.
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9. Does your states bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?
Certified copies of vital records are $34 with additional fees for rush delivery.
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9.1. Describe any circumstances under which these fees may be waived?
N/A
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10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.
No.
11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.
The current common law standard for Michigan went into effect January 1, 1957. MCL 551-2. So far as its validity in law is concerned, marriage is a civil contract between a man and a woman, to which the consent of parties capable in law of contracting is essential. Consent alone is not enough to effectuate a legal marriage on and after January 1, 1957.
12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?
One set of documents with a paternity affidavit for each child.

6. Support Order Establishment

1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Michigan uses a judicial process to establish a support obligation.
1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.
N/A
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1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.
Michigan uses a judicial process to establish support. Public Act 305 of 1996 - Acknowledgment of Parentage Act Public Act 205 of 1956 - The Paternity Act Public Act 295 of 1982 - Support and Parenting Time Enforcement Act Public Act 366 of 2014 - Summary Support and Paternity Act Public Act 365 of 2014 - Genetic Parentage Act
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2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?
The Michigan Child Support Formula considers the income of each parent, family size, childcare expenses, other minor 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.
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2.1. What documentation is required as proof/evidence of this information?
Pay stubs, tax returns, SSI or RSDI income.
3. 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).
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4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).
Yes, In paternity cases, as well as in family support cases, a child support order is retroactive only to the date the 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; MCL 552.452
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4.1. What information or documentation does your state require to proceed with establishing support for prior periods?
Pursuant to Public Act 295 of 1982 Michigan Compiled Law 552.603(2) Retroactive modification of a support payment due under a support order is permissible with respect to a period during which there is pending a petition for modification, but only from the date that notice of the petition was given to the payer or recipient of support. MCL 552.603(7) identifies what the Friend of the Court requires in writing from the parties for a support order.
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4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?
Yes.
4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
In paternity cases, as well as in family support cases, a child support order is retroactive only to the date the 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; MCL 552.452.
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5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?
There is no requirement for a third-party custodian to have legal custody to receive public assistance for that child. However, to receive child support, the third-party custodian is required by Michigan Court Rules to have legal guardianship or custody.
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5.1. What about when public assistance is not being expended?
Yes, a 3rd party custodian would be required to obtain temporary or permanent custody if public assistance is not being expended. Ex. Power of attorney or guardianship. MCL 552.605d.
6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?
If support is RESERVED, it is an establishment. If support is ordered to be ZERO SUPPORT, it is a modification.
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7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.
Yes.
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7. Income Withholding

1. What are specific sources of income not subject to withholding?
Public Assistance, Supplemental Security Income (SSI), certain retirement plans (i.e. pensions, IRA's, and other retirement accounts), and certain Veterans benefits are not subject to withholding.
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2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.
Yes. Michigan's limit is 50 percent of disposable income regardless of whether the individual is more than 12 weeks in arrears or supporting another child or spouse. Ref: MCL 552.611a
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2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA?
Withholding limit(s) applied to payments to employees Response: 50% of disposable earnings as that term is defined in the Consumer Credit Protection Act (CCPA) at 15 USC 167. Ref: MCL 552.608, MCL 552.611a, and MCL 552.626b
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2.2. What are the withholding limits for non-employees?
Withholding limit(s) applied to payments to non-employees Response: No limit on payments or income that is not earnings or disposable earnings as those terms are defined in the Consumer Credit Protection Act (CCPA) at 15 USC 1672. Ref: MCL 552.608, MCL 552.611a, and MCL 552.626b.
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3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii).
Effective March 28, 2013, Michigan permits sources of income to charge and collect from a support payer a fee in response to a notice of income withholding. If a source of income submits income withholding payments by electronic means, the source of income may charge the payer a fee of $1.00 each time the source of income withholds payment from the payer, but not to exceed $2.00 per month. If a source of income submits income withholding payments by other than electronic means, the source of income may charge the payer a fee of $2.00 each time the source of income withholds payment from the payer, but not to exceed $4.00 per month. MCL 552.623
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4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.
No.
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5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?
The income withholding is binding seven days after service on an employer. MCL 552.611
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5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?
The income withholding is binding seven days after service on an employer. MCL 552.611
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6. When must an employer remit amounts withheld from an employee's pay?
Within three days of withholding.
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7. What are your state's sanctions for employers for not implementing income withholding?
Contempt of Court powers.
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7.1. What are the penalties to an employer for failure to remit payments withheld?
Contempt of Court powers. The court may fine the employer and require the employer to pay the amount that the source knowingly and intentionally failed to withhold from the payer's income MCL 552.611a(2) and 552.613
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8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents.
Yes, Send Income Withholding for Support notice to the Michigan Unemployment Insurance Agency; address can be found in the state level contacts.
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8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.
N/A
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9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents.
N/A
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9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.
N/A
10. How does a noncustodial parent contest an income withholding in your state?
Income withholding must be contested through the local Friend of the Court within 21 days of filing of order.
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11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
If all orders to withhold are from Michigan and the total amount designated in the notices to withhold income for current and past due support exceeds 50% of the payer's disposable earnings, the source of income shall withhold an amount equal to 50% of the payer's disposable earnings. If the total amounts allocated to current and past due support do not exceed 50% of the payer's disposable earnings, then the source of income shall allocate the remaining income to the parent's portion of health care coverage premiums attributable to coverage of the children specified in the order if remaining income is sufficient to cover the cost of the premium. If one or more orders are from a state other than Michigan.
12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?
Michigan does not require any mandatory deduction from gross income when calculating disposable income.
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13. 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. MCL 552.614
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14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.
Income should first be applied to current support (current child support, current cash-medical support, and current spousal support); then arrears (past-due child support, past-due cash medical support, and past-due spousal support); then health care coverage premiums attributable to coverage of the children. MCL 552.611a
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8. Distribution

1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.
Yes. Michigan will pass-through and disregard collections received in the current month the support was due. Families may receive up to $100 for families with one child and up to $200 for families with two or more children in current assistance cases.
2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.
Michigan does not participate in pass through in former assistance cases.
3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?
Michigan follows PRWORA distribution ordering rules.
4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?
If Michigan is the responding state, Michigan distributes arrears payments due to the other state first. Withheld income is applied proportionally to current support obligations under all orders, then arrears under all orders, then health care coverage premiums. MCL 552.661a
4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?
As the responding state, Michigan distributes each state their share proportional to the total arrears due.
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9. Enforcement

1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)
Financial Institution liens and levies; state lottery; federal and state refund intercepts. Michigans Office of Child Support submits to the Office of Child Support Enforcement (OCSE) for Federal Offset Program (FOP): IRS Tax Refund Offset, Passport Denial program, Multistate Financial Institution data Match (MS-FIDM), ICDM.
2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?
1.Petitioner First & Last Name, SSN, Tribal Affiliation/Country if applicable 2. Respondent First and Last Name, SSN, Tribal Affiliation / Country, if applicable 3. Requesting State Case Type 4. Requesting State FIPS Code 5. Requesting State IV-D Case Number 6. Requesting State Tribunal Case Number aka Court Case Number 7. Responding State Agency Name and Address 8. Requesting State Contact information 9. Requesting State Payment address 10. Childrens Legal Names 11. Response Needed by Date 12. Provide financial institution name, address, and asset balance, as well as the amount requested for the levy. Lien/Levy requests require the requesting states lien forms and confirmation that the NCP has received due process. Michigan also requires confirmation that arrears exceed 12 months of periodic eligible support. Liens and levies are process by OCS Central Operations in Lansing. All other AEI requests require a fully completed Transmittal 3, and these should be submitted directly to the county Friend of the Court office.
3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?
The support arrearage must be two or more months. MCL 552.512(1)
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4. To which credit bureaus does your state report a noncustodial parent's child support information?
Innovis and Experian
5. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative
6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"
Michigan does not remove accounts from credit reporting after the arrearage is paid. We stop reporting the account as delinquent but the information stays on the credit report for 7 years.
7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
No.
8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
No.
9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
Yes. MCL 552.625b requires that a delinquent case have arrearages that exceed 2 times the monthly amount of periodic support payments payable under the payers support order before a case is eligible for the lien and levy process.
10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
Yes. MCL 552.625b requires that a delinquent case have arrearages that exceed 2 times the monthly amount of periodic support payments payable under the payers support order before a case is eligible for the lien and levy process.
11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount?
Yes. MCL 552.625b requires that a delinquent case have arrearages that exceed 2 times the monthly amount of periodic support payments payable under the payers support order before a case is eligible for the lien and levy process.
12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount?
Yes. MCL 552.625b requires that a delinquent case have arrearages that exceed 2 times the monthly amount of periodic support payments payable under the payers support order before a case is eligible for the lien and levy process.
13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial?
No.
14. Are the financial institution attachment procedures in your state judicial, administrative, or both?
Administrative.
15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?
Yes. Accounts Excluded by the Support and Parenting Time Enforcement Act (SPTEA) include the following: Trust, Escrow and Annuity, IRA, Accounts covered by the Employee Retirement Income Security Act, Pensions/retirement plans, insurance policies, Student Assistance funds, Supplemental Security Income, Veterans Benefits, pensions and some federal payments.
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16. Is the financial institution attachment process in your state centralized and/or automated?
Automated. Financial Institution Data Match(FIDM) and Multi-State Financial Institution Data Match (MSFIDM)
17. What are the criteria to attach an account in a financial institution in your state?
Valid Social Security Number, past due support in an amount that is equal to or exceeds 2 times the monthly amount of periodic support payments payable under the payer's support order. State law requires the accrual of twelve months of arrearage prior to the initiation of the lien process on financial assets and insurance claims by a centralized enforcement unit.
18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.
MCL 552.625a OCS Central Operations staff will work with the other state when the other states IV-D agency requests a lien be sent on their behalf. OCS Central Operations staff must contact the other state and verify that: 1. The amount owed on the case exceeds two months of periodic support; 2. The obligor has received notice that liens arise by operation of law and that the financial assets may be attached and seized if the threshold is reached; and 3. The other states notice of lien contains the levy amount, information that enables the financial institution to link the obligor with his/her financial assets, information on how to contact the other states IV-D agency, and statements setting forth the rights and responsibilities of the financial institution and obligor.
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19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.
N/A
20. Does your state's income withholding definition include amounts in financial institutions?

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21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?
MCL 552.625a requires IV-D agency to notify obligors that their real and personal property, including financial accounts, is subject to lien and levy by operation of law. This notice is provided by the Notice of Rights and Responsibilities (FEN003). Before proceeding with a lien, OCS Central Operations staff must determine whether the FEN003 was sent to the obligor at any time during the life of the case.
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22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?
The financial institution must hold funds for a minimum of 21 days or until the financial institution receives notice from Central Operations to release the funds.
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23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.
Yes. IV-D Agency instructs the financial institution to hold funds indefinitely until challenge is completed.
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24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.
No.
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25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment?
If a challenge is made by a joint owner of the account, there is a rebuttable presumption of equal ownership of the account, i.e. the obligor and the joint owner are presumed to own 50% of the account. Joint owners will need to provide documentation of their ownership. This includes, but is not limited to, 3 months of bank statements and proof of deposits for that time period.
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26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.
Yes. State law requires financial institutions to automatically liquidate assets prior to sending them to the Michigan State Disbursement Unit. The financial institution may charge the account holder a resulting fee of other cost or penalty. MCL 552-625g
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27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?
The suspension of a drivers license may begin if there are two months of arrears, and an income withholding order is not applicable or has been unsuccessful in assuring regular payments.
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28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?
The payer may agree to and the court may order a reasonable schedule for the payment of the arrearage. If the court orders a schedule for payment of the arrearage, the court will enter an order rescinding the suspension, or the Friend of the Court will, on verification by the clerk of court that the drivers license clearance fee has been paid, provide a certificate to the payer stating that the payer is following the support order.
29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?
No.
30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.
A professional license may be suspended if there are arrears greater than or equal to two months, and an income withholding order is not applicable or has been unsuccessful in assuring regular on the support obligation or regular payments on the arrearage. MCL 552.628. This license type includes any certificate, registration, or license issued by a department, bureau, or agency of Michigan which has regulatory authority over a regulated profession or vocation that requires a license to practice the occupation. MCL 338.3432.
31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?
In Michigan, cases are enforced judicially by individual counties. License suspension is handled on a case by case basis and consideration is given for a partys low income or hardship concerning license suspension or for rescission of an existing suspension.
32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?
The Michigan Department of Licensing and Regulatory Affairs issues a number of different temporary professional licenses, each of which is governed by Michigan Compiled Laws; MCL 333.16181, 339.213 or 339.5219. Please contact Michigan Office of Child Support with specific child support enforcement questions related to temporary professional license suspension.
33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.
A recreational license may be suspended if there are arrears greater than or equal to two months, and an income withholding order is not applicable or has been unsuccessful in assuring regular payments on the support obligation or regular payments on the arrearage. Ref: Michigan Compiled Law 552.628. Recreational license types refer to hunting, fishing, or fur harvesters licenses issue by the Michigan Department of Natural Resources. 552.602.
34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?
In Michigan, cases are enforced judicially by individual counties. A reasonable payment schedule or payment in full of the arrears is the criteria for reinstatement. Note: License suspension is handled on a case by case basis and consideration is given for a partys low income or hardship concerning license suspension or for rescission of an existing suspension. MCL 552.630
35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?
No, temporary or conditional recreational licenses are not allowed.
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36. What are the criteria for initiating/filing a lien in your state?
Past Due support in an amount that exceeds 2 times the monthly amount of periodic support payments payable under the payer's support order. State law requires the accrual of twelve months of arrearage prior to the initiation of the lien process on financial assets and insurance claims by a centralized enforcement unit MCL 552-625c
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37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.
Both. Real and personal property are subject to Judicial seizure. Financial assets and insurance claims are subject to administrative seizure.
38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe.
Yes, Michigan enforces property seizure and sale. This is primarily a judicial process. MCL 552.625a and 552.625b
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39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.
Yes, administrative.
40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?
Yes, lottery winnings are subject to state intercept.
40.1. If yes, is this enforcement judicial, administrative, or both?
Administrative.
41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?
N/A
42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?
N/A

10. Modification And Review/Adjustment

1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.)
Michigan conducts IV-D case reviews no less than once every 36 months unless both of the following apply (as of 6/30/05); Neither party has requested a review; and Reasonable grounds to review an order do not exist. MCL 552.517
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2. What is your state's modification procedure? Briefly describe.
The FOC reviews income information and makes a support recommendation based on Michigan's Child Support Formula. Parties are provided with notice of the FOC's recommendation and are given chance to object to a proposed order. If parties do not object, or lose the objection, the recommendation is confirmed by issuance of an order by the Court. MCL 552.517
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3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)?
The minimum threshold for modification is 10 percent of the currently ordered support payment or $50 per month, whichever is greater.
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4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?

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4.1. The earnings of the noncustodial parent have substantially increased or decreased.
Yes.
4.2. The earnings of the custodial parent have substantially increased or decreased.
Yes.
4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes.
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4.4. The cost of living has changed.
No.
4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes.
4.6. There has been a substantial change in childcare expenses.
Yes.
4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
Michigan also considers circumstances identified in MCL 522-517 and according to the MCSF.
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5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).)
No.
6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).)
Yes, in accordance with MCL 552.605(d)(2)
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11. Lump Sum Payments

1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.)
Lump sum payment is not defined specifically but Michigan's definition of income includes certain types of lump sum payments. Income means any of the following: commissions, earnings, salaries, wages 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 workers 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 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. MCL 552.302(m)
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2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.
No. Michigan does not have a State law requiring employers and other sources of income to report lump sum payments. However, the definition of income under MCL 552.602m includes lump sum payments that are subject to income withholding.
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3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?
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); and Inheritances, legal awards, workers compensation and insurance settlements can be attached with a Notice of Lien.

12. Cost Recovery And Fees

1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.
No, any costs incurred in excess of any fees collected to cover administrative costs under the State plan in providing services are not recovered.
1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)
Michigan collects service fees (SF) as authorized by MCL 722.729; 552.23(3); and 780.173(1) when ordered by the court, and processing fees authorized under MCL 600.2538 for Michigan initiated cases and cases that Michigan has Containing Exclusive Jurisdiction (CEJ).
2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.
Yes, Michigan may recover case-processing costs except in two types of cases. See Cost-Recovery Exceptions https://mi-support.state.mi.us/Policy/7.10.pdf
3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.
The State of Michigan imposes the mandatory annual fee but has elected to pay the federal portion of the fee on behalf of the parties on the case.
3.1. Is it retained by the state from support collected?
No.
3.2. Is it paid by the individual applying for child support services?
No.
3.3. Is it recovered from the noncustodial parent?
No.
3.4. Is it paid by the state out of its state funds?
Yes.

13. Insurance Match

1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
No.
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2. What criteria must a noncustodial parent meet to be eligible for your states participation in the federal insurance match program?
The statutory threshold for an administrative lien is two or more months in arrears (MCL 552.625c). The data match criteria with CSLN and OCSE is a past due support amount equal to 12 or more months of monthly child support. For arrearage only dockets, the qualifying threshold is $2,500 or more in past-due support arrears. The exceptions to creation of liens are described in MCL 552.625a(6)
3. What process does your state use to intercept insurance payments?
Notice of Lien & Levy; Notice of Periodic IWO and Lump Sum IWOs; Forms include: Notice of Lien and Levy (FEN 340), Addendum (FEN 340a), Cover Letter to FI/Carrier (FEN 341), Notice of Rights and Responsibilities of Obligor (Payer) and Financial Institution, Insurer or Carrier (FEN 342), Lien/Levy Action Required (FEN 343), Request for Administrative Review of Lien (FEN 344), Determination on Levy (FEN 345), Notice of Release Lien (FEN 346), Notice of Request for Administrative Review (FEN 347), Order Regarding Levy of Assets (FEN 348), Request for Administrative Review- Referred to FOC for Investigation (FEN 349), and Lump Sum IWO (FEN 58a).
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4. How does another state initiate and intercept collections from your states workers compensation agency?
The Michigan Department Licensing and Regulatory Affairs administers Michigans Workers Compensation. Forms may include the Lump Sum IWO and the Periodic IWO. Section 42 USC 666a4 and MCL 552.625a
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5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?
Yes.

14. Family Violence

15. CSENet

1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)
Yes.
2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)
Yes.
3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).)
Yes.
4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).)
Yes.
5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)
Yes.
6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes.

16. Copies Of Orders And Payment Records

1. What are the procedures and associated costs for obtaining a certified copy of a court order?
To obtain a certified copy of a court order, Michigan requires the requesting state use their letterhead and send Transmittal 2 or 3 to the county enforcing the case. There is no cost associated with obtaining a certified copy of a court order.
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2. What are the procedures and associated costs for obtaining a certified payment record?
To obtain a payment record, Michigan requires the requesting state use their letterhead and send Transmittal 2 or 3 to the county enforcing the case. There is no cost associated with obtaining a certified payment record.
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17. Uniform Interstate Family Support Act (UIFSA)

1. What is the statutory citation for your state's enactment of UIFSA?
Uniform Interstate Family Support Act 255 of 2015 MCL 552.2101 et seq
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2. How does your state define the tribunal (See UIFSA 103)?
Tribunal means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.
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3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?
Three sets are preferred for all cases requiring court action. If only one set is received, we will make the necessary copies. One set must be original/certified.
4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?
No.

18. International - Reciprocity

1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)
Michigan has reciprocity with Austria, France, Germany, Quebec, Sweden, and Prince Edward Island.
2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)
No.
3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?
Yes, there is no residency requirement for an individual to submit a DHS 1201 application for IV-D services. A resident of another country does not have to go through his/her respective countrys Central Authority to pursue a child support case. The IV-D applicant can apply directly for services in a Michigan jurisdiction. UIFSA provisions for registering a foreign support order (MCL 552.2601) and special rules for evidence and procedures apply (MCL 552.2316). Michigan IV-D child support program has discretion to provide services to direct applicants, or those who apply directly to a Michigan tribunal MCL 552.2307(1)(c)

19. International Information For Hague Convention Countries

1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).)
Yes, MCL 552.2706 states not withstanding sections 311 and 602(1), a request for registration of a Convention support order must be accompanied by the following: a complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law.
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2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.
No.
3. What methods of personal service does your state use?
Documents needing to be served should be forwarded to the county sheriff, private contractor, or other public official.
4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)
Michigans guideline calculates payment for the general care and needs of a child (base support), as well as childcare and medical support. Anything else could be considered an add on.
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5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.
Yes, the use of mediation, conciliation, or similar processes is mandatory in every child support case in some counties and encouraged in other counties.
6. What circumstances will cause your state to end child support before the normal duration?
The child emancipates before the normal duration, marries, is adopted by someone other than the non-custodial parent, enters the military service or the court orders the support obligation to end.
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20. International Payments

1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?
Payments may be by check. Payments may be by electronic funds transfer. Direct Deposit into an American bank only.
2. What actions does your state take to reduce the costs and fees associated with international payment processing?
All payments are processed through a designated authority. All payments are processed upon receipt.
3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.
Yes. Payments must be made to a central location. Payments may be made by income withholding. Payments may be made by check or warrant. Payments may be made by credit card if using an American bank only. Payments may be made by electronic funds transfer if using an American bank only.

21. Tribal Non IV-D

1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?
No. Michigan does not have a cooperative agreement with any Indian tribes or tribal organizations that do not have a tribal IV-D program. However, we do have a Memorandum of Understanding with the Keweenaw Bay Indian Community (KBIC).
1.1. If yes, list the tribes and identify services provided, if less than full services.
The Michigan IV-D program will extend the full range of services available under the IV-D State Plan to all federally approved Tribal IV-D programs (including those outside of Michigan). Some Michigan Tribes operate child support programs, but they do not receive federal IV-D funding. Counties may have informal arrangements with local Tribes in their area.
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2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?
No.

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