Form FOC 110 ORDER REGARDING PAYMENT PLAN/ DISCHARGE OF ARREARS Use this form if: • you had a hearing on your Motion Regarding Payment Plan/Discharge of Arrears (form FOC 109) and both you and the other party or third party agree to sign the order without another hearing; or • you had a hearing on your Motion Regarding Payment Plan/Discharge of Arrears (form FOC 109) and the other party or third party will not sign the order; or • you and the other party or third party have agreed about a payment plan and/or discharge of arrears and want the court to sign your proposed order without having to file a motion and attend a hearing on the motion. American LegalNet, Inc. www.FormsWorkFlow.com ORDER CHECKLIST Use the following checklist to make sure you have done all the steps that are needed. DID YOU . . . 1. Fill out all requested information on the form? YES 2. Make all necessary copies? YES 3. Get the judge's signature? (NOTE: See pages 3-5 for details) YES 4. Return to the clerk's office with all copies of the signed order? YES 5. Make sure the clerk stamps all copies of the signed order? YES 6. Keep one copy of the signed order for yourself? YES 7. Mail (serve) a copy of the order on the other party and on any other custodian/guardian after it was stamped by the clerk? YES Give two copies of the completed form to the clerk of the court? YES 8. If you cannot answer "yes" to all the above steps, you do not have a valid order. By using this form packet you are representing yourself in a court action regarding a payment plan/discharge of support arrears. In order to receive the action you seek, you must follow the instructions in this packet. If you fail to do even one of the required steps, the order you get from the court may not give you the relief you want. If you have any questions about the steps in the process, refer to pages 3 through 5 of this booklet for details. PAGE 2 American LegalNet, Inc. www.FormsWorkFlow.com What instructions are in this packet: Page 3 - Instructions for getting a stipulated (mutually agreed upon) order signed Page 5 - Instructions for getting an order signed after a hearing INSTRUCTIONS FOR GETTING A STIPULATED (MUTALLY AGREED UPON) ORDER SIGNED (when both parties have signed the order without a hearing) NOTE: Parties cannot stipulate with regard to arrears owed to the State of Michigan. »» SIGNING AND FILING OF ORDER NOTE: A hearing on a stipulated order is not necessary unless the judge requests it. 1. Fill out the order form. Use the instructions on page 6. Be careful not to make mistakes. Make at least five copies of the form after you have filled it out. 2. Approval by friend of the court. In some courts the order has to be approved by the friend of the court before the judge will sign it. Contact the friend of the court office and ask if the order must be approved by that office. Then complete either step a or b below. a. If the order must be approved by the friend of the court, go to the friend of the court office with the original and five copies of the order. Leave the order with the office. Someone from the office should tell you when to come back for the order or should call you when the order has been approved. If you do not hear from the office within 5 days, call that office to find out when to pick up the order. Go back and pick up the order. Then complete step 3 below. b. If the order does not need to be approved by the friend of the court, complete step 3 below. 3. Get the order to the judge. Because the other party or third party has signed the order, contact the friend of the court for instructions to get the order signed by the judge. Listen carefully to all the instructions for getting the order signed. Every circuit has a different way of handling the signing of orders. Ask when to come back for the signed order. If the signed order is sent to the county clerk by the judge, you won’t have to pick it up. PAGE 3 American LegalNet, Inc. www.FormsWorkFlow.com 4. Pick up the signed order. If the other party or third party signed the order and you dropped it off for the judge’s signature, go back and pick it up on the day and time you were told unless the judge sends the signed order to the county clerk for you. If you have to pick up the order, make sure you pick up the original and all five copies of the order. 5. Return to the county clerk. Once you have the signed order (FOC 110), bring the original and all five copies with you. The clerk will stamp the order, keep the original and one copy and return the other four copies to you. The county clerk will deliver one copy to the friend of the court. »» SERVING THE ORDER ON THE OTHER PARTY OR PARTIES 1. Serve the signed order on the other party. The other party must be served with (notified of) one copy of the signed order. NOTE: Serve the papers by mailing them to the other party by first class-mail. What you need for service: One copy of FOC 110 - for the other party Two copies of FOC 110 - for proof of service Any additional copies of FOC 110 - for other custodian or guardian if there is someone other than the other parent who has care or custody of the child(ren) Mail one copy to the other party. If there is a custodian or guardian, mail one copy to them. Then fill out the Certificate of Mailing on the front of the remaining three copies. Keep one copy for your own records. 2. Return to the county clerk. Once you have mailed the order and filled out the Certificate of Mailing on the remaining three copies, return to the county clerk's office with two copies. Remember to keep one copy for your own records. The clerk will deliver one copy to the friend of the court. PAGE 4 American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS FOR GETTING THE ORDER SIGNED AFTER A HEARING »» SIGNING AND FILING OF AN ORDER 1. Fill out the order form. Normally you will fill out the order at the hearing on the motion. Use the instructions on page 6. Be careful not to make mistakes. Make copies of the form based on the instructions on either page 3 of this booklet or in booklets for forms FOC 53 or FOC 54 depending on your situation. 2. Approval by friend of the court. In some courts the order has to be approved by the friend of the court before the judge will sign it. Contact the friend of the court office and ask if the order must be approved by it. Then complete either step a or b below. a. If the order must be approved by the friend of the court, go to the friend of the court office with the original and five copies of the order. Leave the order with the office. Someone from the office should tell you when to come back for the order or should call you when the order has been approved. If you do not hear from the office within 5 days, call that office to find out when to pick up the order. Go back and pick up the order. Then complete step 3 below. b. If the order does not need to be approved by the friend of the court, complete step 3 below. 3. Get the order signed by the judge. After you have filled out the order, you must get it signed by the judge. If both you and the other party sign the order to show you both approve the order, then go to pages 3 and 4 of this booklet for further instructions on getting the order signed by the judge. Otherwise you must do either of the following: a. Schedule and attend a hearing to get the order signed. (Use the packet for form FOC 53, Notice of Hearing to Enter Order.) b. Notify the other party in writing that the order will be given to the judge to sign and that he or she has 7 days to file any written objections. If no objections are filed by the other party, the order can be signed. (Use the packet for form FOC 54, Notice to Enter Order Without Hearing.) PAGE 5 American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS FOR COMPLETING "ORDER REGARDING PAYMENT PLAN/DISCHARGE OF ARREARS" Please print neatly. After filling in the form, you will need to make at least five copies. Items A through H must be completed before the order can be given to the judge for signature. Please read the instructions for each item. Then fill in the correct information for that item on the form. A Before you fill in the Case No., get your copy of the Motion (form FOC 109) or your court papers for divorce, annulment, separate maintenance, or paternity. Copy the Case No. from that paper onto this form. B Also use the motion or other court papers to fill in the "Plaintiff" and "Defendant" boxes and if applicable, the "Third Party" box. Copy the names from the motion or other court papers onto this form. For example, if your name is in the box that says "plaintiff," then you should write your name in the "plaintiff" box on this order form. C Fill in this information only if there was a hearing on a Motion Regarding Payment Plan/Discharge of Arrears. D If you filed a Motion Regarding Payment Plan/Discharge of Arrears (form FOC 109) and the other party will not sign the order, a hearing to enter the order is required. Check the box "after hearing." If you filed a Motion Regarding Payment Plan/Discharge of Arrears (form FOC 109) and the other party will sign the order without a hearing to enter the order, check the box "on consent of the parties." If you and the other party are filling out this order based on an agreement between both of you and you are not filing a motion with the court, check the box "on stipulation of the parties." Even if you have checked this box, the court may still require a hearing. If a hearing is required, follow the directions on scheduling a hearing in the booklet for form FOC 53, Notice of Hearing to Enter Order. E For items 4 through 9, check only those boxes that say what the judge or referee found at the hearing on the motion. Use the notes you took at the hearing when filling out this part of the order form. F For items 10 through 13, check only those boxes that say what the judge or referee ordered at the hearing on the motion, and write in the blank spaces provided what the judge or referee ordered at the hearing. This information must state as closely as possible the exact words of the judge or referee. Use the notes you took at the hearing when filling out this part of the order form. G If you filed a motion (form FOC 109) and the other party has agreed to sign the order without a hearing to enter the order, both you and the other party must sign here. If the other party will not sign the order without a hearing to enter the order, follow the directions on scheduling a hearing in the booklet for form FOC 53, Notice of Hearing to Enter Order. If you and the other party are stipulating to the order, you both must sign here. To find out how to get the order signed, contact the friend of the court office for instructions. See either page 3 or 5 of this booklet for details. H On the date you serve a copy on the other party, write in the date and sign your name on the remaining three copies. Return to the county clerk with two copies. You must read this booklet and other booklets dealing with orders for directions on the legal process. PAGE 6 American LegalNet, Inc. www.FormsWorkFlow.com 3rd copy - Friend of the court 4th copy - Proof of service 5th copy - Proof of service Original - Court 1st copy - Other party 2nd copy - Moving party Approved, SCAO STATE OF MICHIGAN JUDICIAL CIRCUIT COUNTY CASE NO. A ORDER REGARDING PAYMENT PLAN/ DISCHARGE OF ARREARS Court telephone no. Court address B Defendant's name, address, and telephone no. Plaintiff's name, address, and telephone no. v Third party's name, address, and telephone no. C Date: Judge: Bar no. NOTE: This order will not stop enforcement of child-support obligations when enforcement is required by law. D E 1. This order is entered after hearing. on consent of the parties. on stipulation of the parties. THE COURT FINDS: 5. 6. 7. 8. 2. A motion requesting payment plan/discharge of arrears was filed. 3. A response to a motion requesting payment plan/discharge of arrears was filed. 4. Written comments were submitted by the Office of Child Support and considered by the court. The payer did did not appear. The payee did did not appear. The payer owes past-due support of $ . Based on specific findings of fact on the record pursuant to MCL 552.605e(1), it is is not establish a payment plan. 9. The parties have agreed to the discharge of arrears owed to the payee. appropriate to IT IS ORDERED: F 10. The motion for payment plan/discharge of arrears is 11. dismissed. shall pay $ denied. per month for months starting . At the conclusion of the payment plan, the payer shall contact the court to schedule a hearing on the request to discharge any remaining arrears. 12. Based upon the agreement of the parties, support arrears in the amount of $ 13. Other: are discharged. G Plaintiff's signature (consent/stipulation) Defendant's signature (consent/stipulation) Third party's signature (consent/stipulation) Date Judge CERTIFICATE OF MAILING I certify that on this date I served a copy of this order on the parties or their attorneys by first-class mail addressed to their lastknown addresses as defined in MCR 3.203. H Date FOC 110 (5/10) Signature ORDER REGARDING PAYMENT PLAN/DISCHARGE OF ARREARS MCL 552.605e American LegalNet, Inc. www.FormsWorkFlow.com