What Is My Iv D Case Number Michigan

State International Tribe OCSE

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State Child Support Website

Michigan

Program Category:

Updated On: 10 Dec 2020 Certified On: 05 Nov 2021

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A. General/Program-At-A-Glance

A1. How many local IV-D 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.

A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?

No

A2.1. If yes, what is the statutory citation?

For Additional Information - No Link Provided

A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?

No

A2.3. If yes, please explain.

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?

For Additional Information -

B2. How many copies or sets of documents does your state need for an intergovernmental case referral?

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.

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)

Michigan has reciprocity with Austria, France, Germany, Quebec, Sweden and Prince Edward Island.

C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?

No

C1.2. If yes, please explain.

C2. Has your state established reciprocity with any Native American tribal courts?

No

C2.1. If yes, list the tribes and identify services provided, if less than full services.

We do not have reciprocity with any of the Tribal Courts. However we do have a Memorandum of Understanding with the Keweenaw Bay Indian Community (KBIC). Full services provided.

C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries?

Yes

C4. 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. For additional information see http://www.legislature.mi.gov and view Section 552.2706

D. Age of Majority

D1. What is the age of majority in your state?

The age of majority in Michigan is 18. A court may order support paid until age 19 1/2 for completion of high school, or beyond 19 1/2 by agreement of the parties. .

D2. What is the statutory citation for the age of majority?

MCL 552.605B Child Support after 18 years of age For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-552-605b

D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.

18 years of age.

D4. Does the date of the order determine the law that is applied?

No

D4.1. If yes, please explain.

D5. Does child support end if the child leaves the household, but does not emancipate?

No

D5.1. Optional comments regarding emancipation.

D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?

Yes

D6.1. If yes, please explain.

A court may order support paid until 19 1/2 years of age for completion of high school or beyond 19 1/2 by agreement of the parties. See http://legislature.mi.gov/doc.aspx?mcl-552-605b

D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?

Yes

D7.1. If yes, please describe the procedure.

Specific language included in order based on judicial discretion.

D8. Does your state accept a application from a party after all of the children on the case have emancipated?

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 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. For additional information see http://www.legislature.mi.gov and view Section 552.605b

D8.1 If not, how does this affect interstate referrals?

E. Statute of Limitations

E1. What is your State's statute of limitations for 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. For Additional Information -

E2. What is your State's statute of limitations for paternity establishment?

An action for paternity must be made before the child's 18th birthday. For Additional Information -

E3. Is dormancy revival/renewal possible?

Yes

E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.

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. For Additional Information - No Link Provided

F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?

Michigan calculates child support following a modified income shares method. For Additional Information - http://courts.mi.gov/administration/scao/officesprograms/foc/pages/child-support-formula.aspx

F2. Does your state charge interest on arrears?

No

F2.1. If yes, please indicate the amount of interest charged and any related conditions.

Michigan stopped surcharge effective Jan 1, 2010 and is charged by order of a Judge: From January 1, 2011, at the discretion of the judge, "the 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" MCL 552.603a (1)). For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-552-603a

F3. Does your state charge interest on retroactive support?

No

F3.1. If yes, please indicate the amount of interest charged and any related conditions.

No. (Please refer to F.2 and F.2.1) After January 1, 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."

F4. Does your state charge interest on adjudicated arrears?

No

F4.1. If yes, please indicate the amount of interest charged and any related conditions.

For Additional Information - No Link Provided

F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?

Yes

F5.1. If yes, under what circumstances?

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.

F6. Does your state elect to recover costs or charge fees in your IV-D state plan?

Yes

F6.1. If yes, what costs are recovered from or fees charged to the obligee?

None

F6.2. If yes, what costs are recovered from or fees charged to the obligor?

Michigan collects service fees (SF) as authorized by MCL 722.729; 552.23(3); 552.457(1); and 780.173(1) when ordered by the court, and processing fees authorized under MCL 600.2538 for Michigan initiated cases and cases that Michigan has CEJ.

F7. Does your state recover costs on behalf of the initiating state?

Yes

F7.1. Optional comments regarding recovery of initiating state's fees.

F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?

UIFSA - MCL 552.1201-Revised Judicature Act, MCL 600.701 - 600.775. www.legislature.mi.gov For Additional Information - http://www.legislature.mi.gov/(S(04zrdfick5ybur33kmxp2iv5))/mileg.aspx?page=MCLBasicSearch

F9. Does your state establish, enforce, or modify spousal maintenance orders?

No

F9.1. If yes, under what circumstances?

No. Orders can be entered by the court, but not established by IV-D. Spousal Maintenance Orders can be enforced if accompanying a child support obligation. Orders can be modified by the court but not handled by IV-D.

F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)

Yes

F10.1. Optional comments regarding required information on spouse or partner.

Properly completed interstate forms packages provide all required information.

F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?

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.

F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $550?

No

F11.2 Does your state collect the fee from the person applying for IV-D services?

No

F11.3. Does your state collect the fee from the absent parent?

No

F11.4. Does your state pay the fee out of its own funds?

Yes

F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?

October 1, 2009

F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?

Yes, as of January 1, 2020.

F14. Does your state participate in the pass-through in former assistance cases?

Michigan does not participate in pass through in former assistance cases.

F14.1. If yes, provide the date.

F15. Will your state discontinue eligible assignments under the DRA of 2005?

No

F15.1. If yes, list the eligible assignments your state would discontinue.

F15.2. When will your state discontinue each type of assignment?

Michigan does not discontinue assignments.

F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?

PRWORA

F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?

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) For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-552-23(2)

F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?

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) For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-552-23

F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?

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 For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-552-605d

F17.3. How does your state collect the $35.00 annual fee on never-TANF cases?

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.

F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases?

Yes

F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees).

Costs occurring in practice include paternity testing, Service Fees and Processing Fees.

F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)

Yes

F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

Yes

G. Income Withholding

G1. What specific source of income is not subject to withholding?

Public Assistance, Supplemental Security Income (SSI), certain retirement plans (e.g., pensions, IRA's , and other retirement accounts), and certain Veterans benefits are not subject to withholding. MCL 552.602(m) For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-552-602

G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?

Yes

G2.1. If yes, what are those limits?

Michigans limit is 50% of disposable income regardless of whether the individual is more than 12 weeks in arrears or supporting another child or spouse.

G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?

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 For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-552-623

G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?

The income withholding is binding seven days after service on an employer. MCL 552.611 http://legislature.mi.gov/doc.aspx?mcl-552-611

G5. What is the date by which an employer must remit amounts withheld from an employee's pay?

Within three days of withholding.

G6. What are your state's procedures for sanctioning employers for not implementing income withholding?

Contempt of Court powers.

G7. What is the penalty 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 For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-552-613

G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?

Yes

G8.1. Explain your process for receiving direct withholding orders across state lines.

Send Income Withholding for Support notice to the Michigan Unemployment Insurance Agency; address can be found in the state level contacts. For Additional Information - No Link Provided

G8.2. What documents are required to intercept UI benefits?

Income Withholding for Support Notice

G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?

Yes

G9.1. Optional comments regarding direct withholding of WC benefits across state lines.

G10. How does an obligor contest income withholding in your state?

Must contest through the local Friend of the Court within 21 days of filing of order.

G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.

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, refer to G12.2.

G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?

Yes

G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.

Withheld income is applied proportionately to current support obligations under all orders, then arrears under all orders, then health care coverage premiums. For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-552-611a

G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?

No

G13. 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 For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-552-614

G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?

The employer should retain the order/notice unless otherwise notified by the agency; the withholding remains in effect upon the employees return. MCL 552.611

G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?

No

G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?

Yes, payments can be submitted to the Michigan State Disbursement Unit. www.misdu.com For Additional Information - https://www.misdu.com/secure/default.aspx

G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?

Yes. Other states can send a direct income withholding order to an employer, worker's compensation agency or unemployment insurance agency. For Additional Information - No Link Provided

G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.

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 For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-552-611a

G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?

G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?

For Additional Information - No Link Provided

G21. Does your state's law require a signature on the income withholding order?

Yes

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?

Yes

H1.1. If yes, please explain.

Support and Parenting Time Enforcement Act 295 of 1982 For Additional Information: http://www.michiganlegislature.org http://www.legislature.mi.gov/documents/mcl/pdf/mcl-act-295-of-1982.pdf

H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?

99% or higher - Probate Code of 1939 (Excerpt) Act 288 of 1939 MCL 712.12 For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-722-716

H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.

Legislation has always been conclusive proof of paternity see the Paternity Act, 1956 PA 205, MCL 722.711 to 722.730. In addition, effective June 12, 2012, the Revocation of Paternity Act (ROPA) was signed into law, MCL 722.1431-722.1443. ROPA gives three specific types of actions in which some sort of revocation of paternity may occur. For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-722-1437

H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?

06/01/1997

H4.1. Were acknowledgments prior to that effective date rebuttable?

No

H4.2. Optional comments regarding paternity acknowledgments prior to that date.

The Paternity Act of 1956 was most recently repealed and current law took effect 06/01/1997. For Additional Information - No Link Provided

H5. Does marriage constitute a rebuttable presumption of paternity?

Yes

H5.1. If yes, how is the presumption rebutted?

Only in a court proceeding and if the child is not a product of the marriage. Section 722.1441, Determination that child born out of wedlock, of the Revocation of Paternity Act addresses the process for contesting the paternity. For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-722-1441

H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?

No

H6.1. If no, briefly explain.

A birth certificate does not constitute a legal finding of paternity and is not a substitute for an acknowledgment 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 MCL 722.711-730; the Acknowledgement of Parentage Act MCL 722.1001-1013; the Genetic Parentage Act MCL 722.1461-1475. For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-chap722

H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?

A fathers name on the birth certificate is not a conclusive determination of paternity; (see H6.1.)

H8. Does your state have any other paternity-related presumptions?

No

H8.1. If yes, briefly explain.

H9. Does your state have a putative fathers' registry?

No

H9.1. If yes, what is the name of that entity?

For Additional Information - No Link Provided

H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?

Yes

H10.1. If yes, please describe any circumstances under which these fees may be waived.

There are no circumstances under which these fees can be waived. For Additional Information - No Link Provided

H11. Is common-law marriage recognized in your state?

No

H11.1. If yes, briefly describe the standard that defines common-law marriage.

H11.2. When did your current common-law standard go into effect?

01/01/1957

H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?

http://legislature.mi.gov/doc.aspx?mcl-551-2 For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-551-2

H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?

Teleconferencing may be possible for a desposition in uniquely arranged circumstances.

H13. Give the statutory citation for your state's long-arm statute and list any special provisions.

MCL 552.1201 Uniform Interstate Family Support Act (Excerpt) Act 310 of 1996. Repealed and updated with Act 255 of 2015. For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-Act-255-of-2015

H14. Does your state recover genetic testing costs for another state?

No

H14.1. If yes, please explain.

No. When Michigan is the initiating state in an intergovernmental case, the responding state is not requested to include any county fee, specimen collection costs, or genetic testing costs in the child support order The responding state is responsible for payment of specimen collection or genetic testing services. When Michigan is the responding state in an intergovernmental case Michigan is responsible for payment of specimen collection or genetic testing services.

H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?

The Michigan Department of Health and Human Services (MDHHS) is the state registrar for the birth registry. The process to include the legal father on the birth certificate and modification of birth certificates are specified in State laws. Please see MCL 333.2872 and MCL 333.2891

H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?

One set of documents with a paternity affidavit for each child.

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?

Michigan uses a judicial process to establish a support obligation.

I1.1. If your state can establish under both, under what circumstances would the administrative process be used?

UIFSA/URESA petitions are handled by the Prosecuting Attorney's (PA) Office in the county of the respondent.

I1.2. Under what circumstances would a judicial process would be used?

UIFSA/URESA Registration requests are handled by Friend of the Court in obligor's county of residence; Interstate Income Withholding requests processed by Friend of the Court in the county where the obligor's employer is located; Support collections made under any type of MI child support order are processed by the Friend of the Court where order is entered.

I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.

Michigan does not use an administrative process. For Additional Information - No Link Provided

I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?

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. For Additional Information - http://courts.mi.gov/administration/scao/officesprograms/foc/pages/child-support-formula.aspx

I3. What criteria for rebutting your presumptive guidelines have been established in your state?

If applying guidelines would be unfair or unjust. MCL 552.605(2) For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-552-605

I4. Will your state establish support orders for prior periods?

Yes

I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?

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

I4.2. What information or documentation does your State require to proceed?

Required UIFSA documentation. For Additional Information - No Link Provided

I4.3. Will your state allow a petition for support when the only issue is retroactive support?

Yes

I4.4. 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

I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?

Some enforcement activities are administrative. For Additional Information - No Link Provided

I6. What is your state's statutory authority for the administrative process?

Please see MCL 552.517 For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-552-517

I7. Is there a local state law that allows an interstate administrative subpoena?

No For Additional Information - No Link Provided

I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?

There is no requirement for a third party custodian to have legal custody in order to receive public assistance for that child. However, in order to receive child support, the third party custodian is required by Michigan Court Rules to have legal guardianship or custody. For Additional Information - No Link Provided

I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child 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

I10. 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.

I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?

If support is RESERVED it is an establishment. If support is ordered to be ZERO SUPPORT, it is a modification.

I12. 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 custodian obtain legal custody before a support order is modified or established?

Yes

I13. 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 custodian obtain legal custody before support can be redirected to the new payee?

No

I14. What methods of personal service does your state use? **

Forward documents needing to be served to the sheriff, private contractor, or other public official

I15. Does your state send and receive pleadings and documents electronically in international cases? **

No

I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **

I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **

Michigans guideline calculates payment for the general care and needs of a child (base support), as well as child care and medical support. Anything else could be considered an add on.

I17. Please provide the relevant statutory or case law citation. **

2013 Michigan Child Support Formula 1.04 For Additional Information - No Link Provided

I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **

Yes

I18.1 If yes, indicate the appropriate responses. **

The use of mediation, conciliation, or similar processes is mandatory in every child support case in some counties, and encouraged in other counties.

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).

J1.1. Are your state income tax refund procedures judicial, administrative, or both?

Administrative.

J2. Is the lien process in your state judicial, administrative, or both?

Both. Real and personal property are subject to Judicial seizure. Financial assets and insurance claims are subject to administrative seizure.

J2.1. What are the trigger criteria for filing a lien?

Past Due support in an amount that exceeds 2 times the monthly amount of periodic support payments payable under the payer's support order. 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 For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-552-625c

J2.2. Where are your state liens filed?

Real Estate- County Registry of Deeds; Personal Property- Secretary of State; Financial Assets - Financial Institutions

J2.3. Does your state charge a fee for filing a lien?

Yes

J2.4. If yes, please indicate the amount.

Personal Property - $1 Real Estate only - $10 $4 - 10 Release fee Financial Institutions may charge up to 10% of amount levied

J.3. Does your state enforce property seizure and sale?

Yes

J3.1. Are the property seizure and sale procedures judicial, administrative, or both?

Judicial.

J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?

Administrative with judicial de novo review.

J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?

There is a general notice requirement that the obligor be notified when liens arise from operation of law and that property can be seized if past due support exceeds 2 months obligation. There is another notice requirement when the lien is perfected (filed) that must include: the lien has been perfected against specified property, the amount of arrearage, the property is subject to seizure after 21 days unless the obligor pays the entire arrearage or requests a hearing and that the grounds for hearing are mistakes of fact concerning the identity of the property owner or the amount owed.

J4.2. Does your state's income withholding definition include amounts in financial institutions?

No For Additional Information - No Link Provided

J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?

Yes

J4.3.1 If yes, who notifies the NCP, the state or the financial institution?

The financial institution serves a notice of perfection of lien on NCP when Lien is perfected. The notice includes the following info: property can be levied if NCP does not request a review within 21 days notice that the lien was perfected and that (s)he may only request a review based on mistake of fact, mistake of identity, or mistake in amount of past due support owed.

J5. What are the time frames if a new notice of intent to freeze and seize must be sent?

After assets are frozen.

J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?

There is no minimum delinquency amount, however there must be 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 by a centralized enforcement unit.

J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?

See J 5.1 For Additional Information - No Link Provided

J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?

Indefinite.

J5.3.1. If yes, please provide the time frame.

J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?

No

J5.4.1. If yes, provide the percentage.

J5.4.2. Is the percentage different for joint accounts?

Yes

J5.4.3. If yes, describe.

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.

J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.

No minimum

J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?

State

J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?

21 days from the date the lien was placed at the financial institution. For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-552-625f

J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?

De Novo review to count 21 days after administrative determination.

J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?

Mistake of fact; He/she claims not to be the obligor, the account does not belong to the obligor, or, they disagree with the arrears balance For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-552-625f

J5.10. Is your state's complaint review process judicial, administrative, or both?

Both - Administrative, with judicial de novo review.

J5.11. What are your state's penalties for incorrect seizures?

None

J5.12. Is the second challenge administrative, judicial, or both?

Judicial

J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?

21 days from date Notice of Lien is served on financial institution. Financial institution sends notice to other listed account holders. Non-Debtor must request administrative review with the issuing agency (Friend of the Court or OCS Central Operations).

J5.14. Is the freeze and seize operation in your state centralized or automated?

Centralized.

J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?

Financial institution may charge a levy fee of up to 10%, which will be taken out of the obligor's account. In order of priority, tax liens are satisfied first, any lien placed by the financial institution is satisfied second, and child support liens are satisfied third. Out-of-State IV-D agency must certify that notice has been given to obligor and certify that the lien amount totals 1-year obligation (1 year for OCS Central Operations to process, but only 2 months if local FOC processes.)The lien must contain identification of the specific property to be liened; the vehicle identification number (VIN) for vehicles, the legal description of real property, and account number(s) for financial accounts.

J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?

Yes

J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.

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. For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-552-625g

J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?

IV-D Agency instructs the FI to hold funds indefinitely until challenge is completed. For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-552-625f

J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?

If lien is not contested, FI must send funds by the 28th day after the lien is placed. FI must send or release funds immediately upon results of the challenge. For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-552-625g

J6. Does your state withhold state funds or benefits?

Yes

J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?

Administrative.

J7. Describe any other administrative enforcement procedures your state may have.

Lottery intercept, driver's license suspension and credit bureau reporting, tax refund offset.

J8. Describe any other judicial enforcement procedures your state may have.

Contempt powers of the court and criminal procedures - Judicial.

J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?

Lien must be recorded with record of ownership of property to be encumbered: Titled Personal Property - Secretary of State Real Property - County Register of Deeds Financial Accounts - Filed with the Financial Institution. For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-552-625a

J10. Which of your state's enforcement remedies are available without judicial actions?

Income Withholding and Lien.

J11. Describe your state's procedures for registering and enforcing another state's order.

Confirmed UIFSA/URESA registered order is treated in the same manner as an order issued by the Michigan court.

J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.

Seizure of property after Lien.

J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?

Yes

J13.1. If yes, provide the statutory citation.

Public Act 502 of 1996, MCL 691.1171-.1179 For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-691-1171

J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?

The support arrearage must be two or more months. MCL 552.512

J15. To which credit bureaus does your state report an obligor's child support information?

Innovis and Experian

J16. Is the method for credit bureau reporting judicial, administrative, or both?

Administrative

J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.

J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.

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 aka OCSE for Federal Offset Program aka FOP: IRS Tax Refund Offset, Passport Denial program, MultiState Financial Institution data Match aka MS-FIDM, ICDM.

J19. What documentation does your state require to proceed with an AEI request?

Lien/Levy requests require the requesting states lien forms & confirmation that the NCP has received due process. Michigan also requires confirmation that arrears exceed 12 months of periodic eligible support. Leins 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.

J20. What mandatory data elements does your state need to process AEI requests?

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. For Additional Information - No Link Provided

J21. Which additional data elements would aid your state in processing AEI requests?

None

J22. How many copies/sets of documents does your state require with an AEI request?

One

J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?

When responding to an AEI request, the local county offices require information needed to complete the Transmittal #3 form only. (Other factors considered include, where there exists, an asset balance, no other case management or legal status, no recent levy issued, etc).

J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?

No

J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.

The other state child support agency may attempt to submit lien documentation directly to Michigans financial institutions. However, should the FI reject the lien, the other state should contact the Michigan Office of Child Support, Central Operations Unit to discuss the steps involved to get their lien served with assistance from Michigan.

J25. What is the procedure for obtaining a certified copy of a court order?

To obtain a certified copy of a court order, Michigan requires the requesting state to use their letterhead and send Transmittal #2 or #3 to the county enforcing the case.

J26. What is the procedure for obtaining a certified payment record?

To obtain a payment record, Michigan requires the requesting state to use their letterhead and send Transmittal #2 or #3 must to the county enforcing the case.

J27. Is there a cost for requesting a certified copy of a court order or payment record?

There is no cost to request a certified copy of the court order or payment record.

J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?

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.

J29. What triggers a driver's license revocation?

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.

J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?

Yes

J29.2 If yes, what is the amount?

Two months of arrears

J30. Under what conditions may a noncustodial party restore the driver's license?

The noncustodial party may prevent the suspension of the license, or restore the license, by asking the court to order a schedule for the payment of the arrearage, or by paying the arrearage.

J30.1 What is the process for restoring a driver's license?

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 in compliance with the support order.

J31. Does your state allow temporary or conditional driver's licenses?

No

J31.1 If yes, what are the conditions?

J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.

J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?

No

J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?

J33.2 What is the dollar amount?

J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?

Yes

J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?

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.

J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?

No

J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?

J36.2 What is the dollar amount?

J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?

Yes

J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?

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.

J38.2 What is the dollar amount?

Amount is based on the monthly amount of periodic support.

J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?

No

J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?

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.

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?

Please see MCL 552.517. Not less than once every 36 months unless both of the following apply (as of 6/30/05) *Neither party has requested a review *Reasonable grounds to review an order do not exist. For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-552-517

K2. Briefly describe your state's modification procedure.

The Friend of the Court reviews income information and makes a support recommendation based on Michigan's Child Support Formula. Parties are provided with notice of FOC's recommendation and are given chance to object to proposed order. If parties do not object, or lose objection, recommendation is confirmed by issuance of an order by the Court. See MCL 552.517

K3. What are your criteria for modification (for example, $50 or 20% from present order)?

The minimum threshold for modification is 10 percent of the currently ordered support payment or $50 per month, whichever is greater. For additional information regarding the 2017 Michigan Child Support Formula, please visit: (copy & paste URL into your web browser) https://bit.ly/2JaOJLk

K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?

K4.1. The earnings of the obligor have substantially increased or decreased.

Yes

K4.2. The earnings of the obligee have substantially increased or decreased.

Yes

K4.3. The needs of a party or the child(ren) have substantially increased or decreased.

Yes

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.

No

K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.

Yes

K4.6. There has been a substantial change in childcare expenses.

Yes

K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?

Link to the 2013 Michigan child support formula manual and supplement:(copy & paste URL into your web browser) http://legislature.mi.gov/doc.aspx?mcl-552-517 Also see MCL 552.517(1)(f)

K5. Does your state have cost of living adjustments (COLAs) for orders?

No

K5.1. If yes, what index does your state use?

None

K6. How does your state credit SSA disability to current and past-due support?

Social Security Retirement, Survivors, or Disability Insurance benefits paid for the children based on the payers earnings record are credited against that parents support obligation. Social Security Retirement, Survivors, or Disability program dependent benefits based on the earnings record of a parent paid for the children in common with the other parent are attributed as the earning parents income. Social Security Retirement, Survivors, or Disability Insurance benefits received by the children in common with the other parent in the current case are counted as custodial parent income, if the benefits are based on the earnings record of someone other than a parent.

K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.

Yes

K7.1. If yes, explain the circumstances?

MCL Section 552.605

K7.2. What is the statutory citation for your abatement law?

MCL Section 780.164 For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-780-164

K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.

MCL Section 780.164 For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-780-164

K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.

Uniform support petition, general testimony, affidavit of parentage, certified copy of order including pay records.

K8. What information does your state require to register an out-of-state order for enforcement/modification?

The link below provides all necessary details for obtaining birth and paternity record copies including application forms, eligibility information and fees. http://www.michigan.gov/mdch/0,1607,7-132-4645---,00.html Mailed requests should be sent to Vital Records Requests, PO Box 30721 Lansing, MI 48909 the fee for a certified copy is $15.00

K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?

Yes.

K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?

Yes, any of the three may be allowed.

K10. What circumstances will cause your state to end child support before the normal duration? **

The child emancipates before the normal duration The child marries The child is adopted by someone other than the non-custodial parent The court orders the obligation to end The child support order states that child support ceases prior to the normal duration The child enters into military service prior to the normal duration

L. Payments

L1. Does your state define a lump sum payment?

No

L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).

Lump sum payment is not defined specifically, but Michigans 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 a federal agency, this state or a political subdivision of this state, another state or a political subdivision of another state, or another legal entity that is indebted to the individual.

L1.2 Provide the statutory citation.

MCL 552.602(m) For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-552-602

L2. Does your state law require employers to report lump sum payments?

No

L2.1 If yes, give 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 552.602(m) includes lump sum payments that are subject to income withholding. Income withholding notices issued by Michigan request the source of income to contact the Office of Child Support, Central Operations Unit to report the lump sum. This is necessary to ensure the source of income is informed about the employees eligibility of lump sum withholding and the amount to withhold. Upon contact, OCS Central Operations will ask the source of income to securely provide a list of the individuals who will be receiving the lump sum payment, including their full name, case number and, optionally, Social Security Number. OCS Central Operations will securely provide a report to the source of income. The report identifies the case or cases and arrearage amounts for the individuals subject to lump sum withholding as well as further guidance about lump sum withholding. OCS Central Operations or the FOC office that issued the underlying income withholding notice may ask the source of income to identify the type of payment, amount of the lump-sum payment, the date it will be remitted, and/or whether the payment amount is a gross or net amount. For Additional Information - No Link Provided

L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?

Yes

L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?

None

L4. How are employers instructed to report a pending lump sum?

Employers are instructed to contact Michigan Office of Child Supports Central Operations. Office of Child Support, Central Operations P.O. Box 30744 Lansing, MI 48909-8244 Attention: Lump-Sum Reporting Telephone: (866) 540-0008, speak Employer Bonus Fax: (517) 335-3030 Email: MDDHS-OCS-EmployerBonus@michigan.gov

L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?

OCS Central Operations will provide information to employers no later than two business days or as agreed upon by the employer.

L6. Does your state use the income-withholding order to attach the lump sum payment?

Yes

L7. Does your state use the lien/levy process to attach lump sum payments?

Yes

L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?

Notice of Lien and levy

L8. What other documents does your state use to attach lump sum payments?

The type of document used depends on the type of income/funds being attached: *Private pension and retirement accounts are attached with a Qualified Domestic Relations Order (QDRO); *Government pension and retirement accounts are attached with an Eligible Domestic Relations Order (EDRO) *Inheritances, legal awards, workers compensation and insurance settlements can be attached with a Notice of Lien

L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?

No. Effective March 28, 2010 Michigan has a 50% limit regardless of arrears and family circumstances. http://legislature.mi.gov/doc.aspx?mcl-552-611a

L9.1. If yes, what are those limits?

L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?

N/A For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-552-611a

L9.3. If yes, what are those limits?

L9.4. If no, what percentage is the employer required to withhold?

No. Both payments must be evaluated and submitted according to their own CCPA limitations.

L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?

Yes

L10.1 If yes, would the employer only withhold for that period's obligation?

No-the employer should withhold for that periods obligation and contact Michigan for any additional amount to withhold from the lump-sum portion.

L11. Does your state have a direct deposit program?

Yes

L11.1 If so, specify the vendor.

Conduent State and Local Solutions

L12. Does your state have a debit card program?

Yes

L12.1 If so, specify the vendor.

Way 2 Go

L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?

No

L13.1 If so, are there fees involved?

N/A

L14. What are the fees associated with using the card?

N/A

L15. How does your state collect child support payments from an obligor? **

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.

L16. How does your state disburse child support payments to foreign reciprocating and treaty 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.

L17. 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.

L18. Does your state process electronic payments in international cases? **

Yes

L18.1 If so, describe the process. **

only into an American bank

L19. What is your state's International Bank Account Number (IBAN)? **

Michigan does not have an IBAN

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - http://www.dol.gov/whd/regs/compliance/whdfs30.pdf

M1.1. Additional information on the CCPA.

For Additional Information - http://www.dol.gov/whd/regs/compliance/whdfs30.pdf

M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?

No

M2.1. If yes, provide the statutory citation

Not applicable For Additional Information - No Link Provided

M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?

Not applicable For Additional Information - No Link Provided

M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?

Not applicable

M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?

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)

M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?

The data match criteria with CSLN and OCSE is a past due support amount equal to 12 or more months of the monthly child support. For arrearage only dockets, the qualifying threshold is $2,500 or more in past-due support arrears.

M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?

Michigan currently does not have a law requiring insurers to participate

M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?

Michigan currently does not have a law requiring insurers to participate.

M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.

No For Additional Information - No Link Provided

M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?

Not applicable

M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?

Yes

M3.1. Provide the statutory citation.

MCL 552.625a-i For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-552-625a

M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?

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).

M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?

The Michigan Child Support Enforcement System automatically sends Notice of Rights and Responsibilities (FEN003) and/or State Pre-Tax Offset Notice (S-PON); the insurer is required to notify the Non-Custodial Parent (NCP) of the Notice of Lien.

M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.

MCL 552.625a and 552.625e For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-552-625a

M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.

MCL 552.625f Provides 21 days for NCP to dispute to lien, 7 days for the issuing agency (FOC or OCS Central Operations)FOC to respond to NCP's dispute, and additional 21 days for NCP to further dispute the response with the court. For Additional Information - http://legislature.mi.gov/doc.aspx?mcl-552-625a

M6. Are there attorney fees associated with the insurance intercept activity?

Yes, depending on the situation

M7. How does another state initiate and intercept collections from your state workers' compensation agency?

42 USC 666(a)(4) and MCL 552.625a

M7.1. What is the process, the points of contact, and what forms?

The Michigan Department Licensing and Regulatory Affairs (LARA) administers Michigans Workers Compensation. Forms may include the Lump Sum IWO and the Periodic IWO. For further information, please see: http://www.michigan.gov/wca

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)

Yes

N2. Does your state 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) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?

Yes

N3. Does your state 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)

Yes

N4. Does your state 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)

Yes

O. Family Violence

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What Is My Iv D Case Number Michigan

Source: https://ocsp.acf.hhs.gov/irg/profile.html?selection=STA&stateGeoBox=26

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