FD/FOC 4100 (1) MOTION FOR PAYMENT PLAN AND (2) MOTION FOR ORDER ADJUSTING ARREARS UPON COMPLIANCE WITH PAYMENT PLAN You must file this motion and pay the $20.00 fee in Room 928 Coleman A. Young Municipal Center THIS PACKET CONTAINS THE FOLLOWING: FORM # FORM TITLE 4100 COVER SHEET 4100a INSTRUCTIONS: HOW TO FILE A MOTION FOR HEARING BEFORE THE REFEREE ***************************************************** 4100b MOTION FOR PAYMENT PLAN (FOR DISCHARGE OR ABATEMENT OF ARREARS) 4004 FOC PRAECIPE 4100d CERTIFICATE OF MAILING ***************************************************** 4100e MOTION FOR ORDER ADJUSTING ARREARS UPON COMPLIANCE WITH PAYMENT PLAN 4004 FOC PRAECIPE Do Not Mail this Motion to the Friend of the Court FD/FOC 4100 (09/05) COVER SHEET American LegalNet, Inc. www.FormsWorkflow.com INSTRUCTIONS: HOW TO FILE A MOTION FOR HEARING BEFORE THE REFEREE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. This packet contains instructions and blank forms for motion, praecipe and certificate of mailing. By using this form packet, you are representing yourself in a court action. In order to get the hearing you are asking for, you must follow these instructions. You may be required to conduct legal research in order to proceed. Court personnel are prohibited from providing legal advice. If you fail to do any of the required steps, your motion may not be processed. All documents must be typed or written legibly using black ink, not pencil. Use these instructions only if you are a party to an existing case for custody, divorce, separate maintenance, family support, support or paternity. This process cannot be used to start a new case. If the other party is incarcerated, you have certain additional requirements that you must meet. Please consult MCR 2.004 or a private attorney. Indicate on your papers following the person’s name that the person is incarcerated and in what facility he or she is being held. A motion is the document you prepare to ask the court to change the existing order. An existing order cannot be changed except by a new order. A separate motion packet must be prepared for each case. Separate cases cannot be combined in the same documents. You must first determine the judge and referee now assigned to your case and verify your case number. You can obtain this information from the office of the Wayne County Clerk or the Friend of the Court. Complete all the case information on all forms. Write your motion. Remember that a motion must specifically state what relief or change you are requesting. It must also specifically state why you believe the judge should rule in your favor. All relevant and necessary documentation must be attached to the motion. Some types of relief or modification have very specific requirements. There are 2 motions in this packet. File only the Motion for Payment Plan first. The other motion in this packet – Motion for Order Adjusting Arrears Upon Compliance with Payment Plan – is filed only after you have complied with a payment order based on the first motion. To file the Motion for Payment Plan, prepare the Friend of the Court praecipe form. Fill in everything except the date, time and location of hearing. For date, time and location write: “To be set by the Friend of the Court”. Bring the original and four copies of your motion packet (motion and praecipe) to the Wayne County Clerk, 928 Coleman A. Young Municipal Building (formerly known as the City-County Building), 2 Woodward Avenue, Detroit, MI 48226. You will be required to print out case labels before submitting your motion. A machine is set up for this purpose in the clerk’s office. You must pay a $20 motion fee when filing the motion. Pay by cash or money order, payable to “Wayne County Clerk”. The clerk will stamp your original motion praecipe to indicate the fee has been paid. The clerk will file the original motion packet and return copies to you. The clerk will keep a copy of your motion for the Friend of the Court. FD/FOC 4100a (09/05) INSTRUCTIONS: HOW TO FILE A MOTION BEFORE THE REFEREE (PAGE ONE) American LegalNet, Inc. www.FormsWorkflow.com 18. Mail (serve) a complete motion packet (motion and praecipe) to the Office of Child Support. Make sure you include copies of any additional pages you have written. The address for service on the Office of Child Support is: Office of Child Support Operations – Lansing Arrears Payment Plan Review Unit P.O. Box 30744 Lansing, MI 48909-8250 19. 20. 21. 22. 23. 24. You should mail the motion packet as soon as possible because the law requires that the hearing on this type of motion be held at least 56 days after the Office of Child Support is served with the motion. Complete the certificate of mailing in your motion packet to verify when you served the Office of Child Support. File the certificate with the Wayne County Clerk, Room 201 Coleman A. Young Municipal Center. Again, be sure you keep a copy. The Friend of the Court will send the other party a copy of your motion and will notify both parties of the referee hearing date, time and location. Bring to the referee hearing a copy of your packet and certificate of mailing to the Office of Child Support. Response from the other party: If you receive a response to your motion from the other party, make sure you read it before you attend the hearing. Think about what you want to say on your behalf. You may want to make notes about what you will say in court. After the referee hearing, the referee will send both parties a written recommendation and order. Instructions will be included for filing objections, if either party chooses to do so. If objections are properly filed, a judicial hearing will be scheduled before the assigned judge. If a payment plan order is entered, special coupons and payment instructions are available at the Friend of the Court to ensure payments are directed appropriately. If you comply with a payment plan, then you must file the second motion in this packet to get arrears discharged or abated. File the Motion for Order Adjusting Arrears Upon Compliance with the Payment Plan and follow the same instructions in steps 12, 13, 14, 15, 16, 17, 20, 21, 22 and 23. You do not need to serve this second motion on the Office of Child Support. FD/FOC 4100a (09/05) INSTRUCTIONS: HOW TO FILE A MOTION BEFORE THE REFEREE (PAGE TWO) American LegalNet, Inc. www.FormsWorkflow.com STATE OF MICHIGAN 3rd JUDICIAL CIRCUIT WAYNE COUNTY Court Address: MOTION FOR PAYMENT PLAN (FOR DISCHARGE OR ABATEMENT OF ARREARS) CASE NO. _________________ HON. _____________________ 645 Griswold, Detroit, MI 48226 Plaintiff’s Name, Address and Telephone No. Defendant’s Name, Address and Telephone No. I am the payer in this case and I request this court enter an order for payment plan pursuant to MCLA 552.605e for the following reasons: 1. Friend of the Court (FOC) records show that I owe support arrears in this case. 2. FOC records show the following as of __________________: date a. My current support is $ _______ per month. My youngest child will be/was 18 on_________. b. My support arrears total $ ____________________. c. I owe $ ______________ in support arrears to ___________________, the individual payee. d. I owe $ _______________ in support arrears to the State of Michigan. 3. It is in the best interests of the parties and the children that a payment plan be ordered in this case. 4. As to the support arrears in 2.c. above, I understand that the individual payee must be present in court to consent to entry of an order for payment plan for discharge or abatement of arrears. 5. The arrears did not arise from conduct by me engaged in exclusively for the purpose of avoiding a support obligation. 6. I do not have the present ability and will not have the ability in the foreseeable future to pay the arrears unless the court orders a payment plan. 7. I have income, before any deductions, in the amount of $ ___________ per I have attached pay and/or other income records and tax returns. week month. FD/FOC 4100b (09/05) MOTION FOR PAYMENT PLAN (PAGE ONE) American LegalNet, Inc. www.FormsWorkflow.com 8. I have assets, solely or jointly owned, as of this date, as follows: (Assets include vehicles, real estate, bank accounts, retirement accounts, trust funds, etc. A separate sheet may be attached if more space is needed). DESCRIPTION NET VALUE 1. __________________________________________________________ $ _______________ 2. __________________________________________________________ $ _______________ 3. __________________________________________________________ $ _______________ 4. __________________________________________________________ $ _______________ RELIEF REQUESTED I request that the court award the following relief: A. Order a payment plan of $ ______________ per month for ________ months for discharge or abatement of support arrears in this case; B. If the court declines to order the payment plan proposed in paragraph A. above, then order a payment plan for discharge or abatement of support arrears as found by the court to be a reasonable monthly payment over a reasonable time, in accordance with my ability to pay; C. Grant me such other and further relief as is just and appropriate. I declare that the statements above are true to the best of my information, knowledge and belief. I understand that if I knowingly provide false information, I may be charged with a criminal offense pursuant to MCLA 552.605e (10). DATE: _____________________ BY: _________________________________________________ Petitioner/Payer Signature FD/FOC 4100b (09/05) MOTION FOR PAYMENT PLAN (PAGE TWO) American LegalNet, Inc. www.FormsWorkflow.com PLEASE ATTACH THIS PRAECIPE TO COMPLAINT, COUNTERCLAIM OR MOTION STATE OF MICHIGAN PRAECIPE FOR MOTION NOTICE OF HEARING CERTIFICATE OF SERVICE COUNTY OF WAYNE THIRD JUDICIAL CIRCUIT FAMILY DIVISION CASE NO. Court address: Penobscot Building--645 Griswold, Detroit, Michigan 48226 Court telephone no. (313) 224-5300 FILE WITH FRIEND OF THE COURT ONLY ________________________________________________ Plaintiff ________________________________________________ Street and No. City/State/Zip Telephone No.: ___________________________________ CERTIFICATION I certify that the attached pleading is in compliance with MCR 2.114. (Signature): _______________________________________ Attorney for Petitioner Employer: ________________________________________ Address:_________________________________________ Social Security No.: _ __ VS. _ Date: _______________________________ 20_________ One of the parties is incarcerated. Defendant ________________________________________________ Street and No. City/State/Zip Telephone No.: ___________________________________ Employer: ________________________________________ Address:_________________________________________ Social Security No.: ________________________________ TO OFFICE OF FRIEND OF THE COURT, 645 GRISWOLD, DETROIT, MICHIGAN 48226 Please place a Motion for (state Motion title) on Domestic Relations Motion Calendar for This action has been assigned to JUDGE (Date) (Name) at or REFEREE The notice of hearing on MISCELLANEOUS motions and Attorneys’ orders to show cause shall give the time, date and place of hearing. A proof of service of the motion and notice of the hearing shall be available at the time of hearing. Please attach copy of Complaint, Counterclaim or Motion, to Praecipe. Adjourned to: . (Name) . Where to be heard NOTICE TO ATTORNEYS: . (Time) Atty. for Petitioner: Atty. for Petitioner: Address: Address: Telephone No.: Telephone No.: FAX No.: FAX No.: Atty. for Opposite Party: Atty. for Opposite Party: Address: Address: Telephone No.: Telephone No.: FAX No.: FAX No.: Disposition: Disposition: Adjourned to: American LegalNet, Inc. www.FormsWorkflow.com STATE OF MICHIGAN THIRD JUDICIAL CIRCUIT WAYNE COUNTY CERTIFICATE OF MAILING RE: MOTION FOR PAYMENT PLAN CASE NO. _______________ HON. ___________________ 645 GRISWOLD, DETROIT, MI 48226 Plaintiff’s Name, Address and Telephone No. Defendant’s Name, Address and Telephone No. I certify that on this date I served the Office of Child Support Operations – Lansing with a copy of the motion for payment plan and praecipe by ordinary mail with first-class postage fully pre-paid, addressed as follows: Office of Child Support Operations – Lansing Arrears Payment Plan Review Unit P.O. Box 30744 Lansing, MI 48909-8250 _____________________________ ________________________________________________ Date Signature FD/FOC 4100d (09/05) CERTIFICATE OF MAILING RE: MOTION FOR PAYMENT PLAN American LegalNet, Inc. www.FormsWorkflow.com STATE OF MICHIGAN 3rd JUDICIAL CIRCUIT WAYNE COUNTY Court Address: MOTION FOR ORDER ADJUSTING ARREARS UPON COMPLIANCE WITH PAYMENT PLAN CASE NO. _________________ HON. _____________________ 645 Griswold, Detroit, MI 48226 Plaintiff’s Name, Address and Telephone No. Defendant’s Name, Address and Telephone No. I am the payer in this case and I request this court enter an order for discharge of remaining arrears pursuant to MCLA 552.605e for the following reasons: 1. The Court entered an Order for Payment Plan on ______________________. A copy is attached. Date 2. I have complied or substantially complied with the Order for Payment Plan. 3. OTHER:_________________________________________________________________________ __________________________________________________________________________________ _ __________________________________________________________________________________ _ RELIEF REQUESTED I request that the court award the following relief: A. Order that my arrears in this case be set to the following amounts as of the date of this order because of full or substantial compliance with the court ordered payment plan: $ ___________ support arrears owed to the individual payee $ ___________ support arrears owed to the State of Michigan B. Grant me such other and further relief as is just and appropriate. I declare that the statements above are true to the best of my information, knowledge and belief. I understand that if I knowingly provide false information, I may be charged with a criminal offense pursuant to MCLA 552.605e (10). DATE: ______________________ BY: _________________________________________________ Petitioner/Payer Signature FD/FOC 4100e (09/05) MOTION FOR ORDER ADJUSTING ARREARS UPON COMPLIANCE WITH PAYMENT PLAN American LegalNet, Inc. www.FormsWorkflow.com PLEASE ATTACH THIS PRAECIPE TO COMPLAINT, COUNTERCLAIM OR MOTION STATE OF MICHIGAN PRAECIPE FOR MOTION NOTICE OF HEARING CERTIFICATE OF SERVICE COUNTY OF WAYNE THIRD JUDICIAL CIRCUIT FAMILY DIVISION CASE NO. Court address: Penobscot Building--645 Griswold, Detroit, Michigan 48226 Court telephone no. (313) 224-5300 FILE WITH FRIEND OF THE COURT ONLY ________________________________________________ Plaintiff ________________________________________________ Street and No. City/State/Zip Telephone No.: ___________________________________ CERTIFICATION I certify that the attached pleading is in compliance with MCR 2.114. (Signature): _______________________________________ Attorney for Petitioner Employer: ________________________________________ Address:_________________________________________ Social Security No.: _ __ VS. _ Date: _______________________________ 20_________ One of the parties is incarcerated. Defendant ________________________________________________ Street and No. City/State/Zip Telephone No.: ___________________________________ Employer: ________________________________________ Address:_________________________________________ Social Security No.: ________________________________ TO OFFICE OF FRIEND OF THE COURT, 645 GRISWOLD, DETROIT, MICHIGAN 48226 Please place a Motion for (state Motion title) on Domestic Relations Motion Calendar for This action has been assigned to JUDGE at (Date) (Name) or REFEREE The notice of hearing on MISCELLANEOUS motions and Attorneys’ orders to show cause shall give the time, date and place of hearing. A proof of service of the motion and notice of the hearing shall be available at the time of hearing. Please attach copy of Complaint, Counterclaim or Motion, to Praecipe. Adjourned to: (Name) . . . Where to be heard NOTICE TO ATTORNEYS: (Time) Atty. for Petitioner: Address: Telephone No.: FAX No.: Atty. for Opposite Party: Address: Telephone No.: FAX No.: Disposition: Adjourned to: American LegalNet, Inc. www.FormsWorkflow.com