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Court Forms Foc 4100 Michigan Forms by tou16202

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									                                  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
INSTRUCTIONS: HOW TO FILE A MOTION FOR HEARING BEFORE THE REFEREE


1.     This packet contains instructions and blank forms for motion, praecipe and certificate of
       mailing.
2.     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.
3.     All documents must be typed or written legibly using black ink, not pencil.
4.     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.
5.     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.
6.     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.
7.     A separate motion packet must be prepared for each case. Separate cases cannot be
       combined in the same documents.
8.     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.
9.     Complete all the case information on all forms. Write your motion.
10.    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.
11.    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.
12.    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”.
13.    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.
14.    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.
15.    You must pay a $20 motion fee when filing the motion. Pay by cash or money order,
       payable to “Wayne County Clerk”.
16.    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.
17.    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)
   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

           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.
   19.     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.
   20.     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.
   21.     Bring to the referee hearing a copy of your packet and certificate of mailing to the Office of
           Child Support.
   22.     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.
   23.     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.
   24.     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.




                               IMPORTANT INFORMATION

       You must attach income verification such as a
   pay-stub, W-2, Social Security statement to the
   motion you mail to the office of child support and
   bring that to court with you.




FD/FOC 4100a (09/05) INSTRUCTIONS: HOW TO FILE A MOTION BEFORE THE REFEREE (PAGE TWO)
STATE OF MICHIGAN                   MOTION FOR PAYMENT PLAN               CASE NO. _________________
3rd JUDICIAL CIRCUIT              (FOR DISCHARGE OR ABATEMENT
WAYNE COUNTY                               OF ARREARS)                    HON. _____________________
Court Address:   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    week         month.
(I have attached income verification such as a pay stub, W-2, social security award letter etc.)




FD/FOC 4100b (09/05) MOTION FOR PAYMENT PLAN (PAGE ONE)
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)
                              PLEASE ATTACH THIS PRAECIPE TO COMPLAINT, COUNTERCLAIM OR MOTION

 STATE OF MICHIGAN
                                                  PRAECIPE FOR MOTION                      CASE NO.
 COUNTY OF WAYNE
 THIRD JUDICIAL CIRCUIT
                                                  NOTICE OF HEARING
 FAMILY DIVISION                                 CERTIFICATE OF SERVICE
Court address: Penobscot Building--645 Griswold, Detroit, Michigan 48226
         Court telephone no. (313) 224-5300

                                      FILE WITH FRIEND OF THE COURT ONLY
 ________________________________________________                                                CERTIFICATION
                       Plaintiff
                                                                            I certify that the attached pleading is in
 ________________________________________________                           compliance with MCR 2.114.
 Street and No.               City/State/Zip

 Telephone No.: ___________________________________                         (Signature): _______________________________________
                                                                                                     Attorney for Petitioner
 Employer: ________________________________________
                                                                            Date: _______________________________ 20_________
 Address:_________________________________________

 Social Security No.: _                                          __
                                VS.
                                                                                 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                                                at                                        .
                                                              (Date)                                      (Time)
This action has been assigned to JUDGE                                          or REFEREE                                         .
                                                     (Name)                                               (Name)
Where to be heard                                                                                                              .

NOTICE TO ATTORNEYS:                                                   Atty. for Petitioner:
                                                                         Atty. for Petitioner:
                                                                       Address:
The notice of hearing on MISCELLANEOUS                                   Address:
motions and Attorneys’ orders to show cause                            Telephone No.:
                                                                         Telephone No.:
shall give the time, date and place of hearing.                        FAX No.:
                                                                         FAX No.:
                                                                       Atty. for Opposite Party:
A proof of service of the motion and notice of the
                                                                         Atty. for Opposite Party:
hearing shall be available at the time of hearing.                     Address:
                                                                         Address:
                                                                       Telephone No.:
Please attach copy of Complaint, Counterclaim                            Telephone No.:
or Motion, to Praecipe.                                                FAX No.:
                                                                         FAX No.:
                                                                       Disposition:
Adjourned to:                                                            Disposition:

Adjourned to:
STATE OF MICHIGAN                      CERTIFICATE OF MAILING             CASE NO. _______________
THIRD JUDICIAL CIRCUIT                       RE: MOTION                   HON. ___________________
WAYNE COUNTY                             FOR PAYMENT PLAN
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
                                  MOTION FOR ORDER ADJUSTING
STATE OF MICHIGAN                ARREARS UPON COMPLIANCE WITH                 CASE NO. _________________
3rd JUDICIAL CIRCUIT                     PAYMENT PLAN
WAYNE COUNTY                                                                  HON. _____________________
Court Address:   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
                              PLEASE ATTACH THIS PRAECIPE TO COMPLAINT, COUNTERCLAIM OR MOTION

 STATE OF MICHIGAN
                                                 PRAECIPE FOR MOTION                          CASE NO.
 COUNTY OF WAYNE
 THIRD JUDICIAL CIRCUIT
                                              NOTICE OF HEARING
 FAMILY DIVISION                              CERTIFICATE OF SERVICE
Court address: Penobscot Building--645 Griswold, Detroit, Michigan 48226
         Court telephone no. (313) 224-5300

                                      FILE WITH FRIEND OF THE COURT ONLY
 ________________________________________________                                                  CERTIFICATION
                       Plaintiff
                                                                              I certify that the attached pleading is in
 ________________________________________________                             compliance with MCR 2.114.
 Street and No.               City/State/Zip

 Telephone No.: ___________________________________                           (Signature): _______________________________________
                                                                                                       Attorney for Petitioner
 Employer: ________________________________________
                                                                              Date: _______________________________ 20_________
 Address:_________________________________________

 Social Security No.: _                                          __
                                VS.
                                                                                   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                                                    at                                  .
                                                              (Date)                                        (Time)
This action has been assigned to JUDGE                                             or REFEREE                                    .
                                                     (Name)                                                 (Name)
Where to be heard                                                                                                                .

NOTICE TO ATTORNEYS:                                                       Atty. for Petitioner:
                                                                           Address:
The notice of hearing on MISCELLANEOUS
motions and Attorneys’ orders to show cause                                Telephone No.:
shall give the time, date and place of hearing.                            FAX No.:
                                                                           Atty. for Opposite Party:
A proof of service of the motion and notice of the
hearing shall be available at the time of hearing.                         Address:
                                                                           Telephone No.:
Please attach copy of Complaint, Counterclaim
or Motion, to Praecipe.                                                    FAX No.:
                                                                           Disposition:
Adjourned to:

Adjourned to:

								
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