Motion For Payment Plan {FOC 109}

Form FOC 109MOTION REGARDING PAYMENT PLAN/DISCHARGE OF ARREARS Use this form if: you have a support order and your support is in arrears; and you want the court to establish a payment plan that qualifies your case for relief from a portion of the support arrears; or you and the recipient of support want the court to order relief from some or all of the support arrears as agreed to between you and the recipient of support. American LegalNet, Inc. www.FormsWorkFlow.com MOTION CHECKLISTUse the following checklist to make sure you have done all the steps that are needed.DID YOU . . . 1. Fill out all requested information on the form? YES 2. Make all necessary copies? YES 3. Pay the motion fee to the clerk? YES 4. Mail (serve) a copy of the motion on the other party and on any other custodian/guardian after the judge and hearing date were assigned to your case by the clerk? YES 5. Mail (serve) a copy of the motion on the Office of Child Support if the arrearage is owed to the State of Michigan? YES 6. Return to the clerk222s office after you mailed the motion and notice of hearing to the other party and completed the certificate of mailing? YES 7. Keep one copy of the motion and notice of hearing form for yourself? YES 8. Give two copies of the completed form to the clerk of the court? YES If you cannot answer 223yes224 to all the above steps, a hearing on your motion may bedelayed or your motion may be dismissed.By using this form packet you are representing yourself in a court action regarding a payment plan/discharge of support arrears. In order to receive the action you seek, you must follow the instructions in this packet. If you fail to do even one of the required steps, the order you get from the court may not give you the relief you want. If you have any questions about any steps in the process, refer to pages 3 through 5 of this booklet for details.PAGE 2 American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS FOR USING FORM FOC 109FILING A MOTION AND SERVING A MOTION273273 FILING A MOTION 1. þ Fill out the Motion form. þ Use the instructions on page 6. Be careful not to make mistakes. þ Before filling out the 223Notice of Hearing224 part of the form, contact the friend of the court office to þ find out whom to contact about getting a hearing date. Then contact the person or office as þ directed by the friend of the court office. Fill in the form with the information you get about the þ hearing date, location of hearing, and name of the judge or referee who will be hearing the þ þ motion. þ NOTE: When any part of the arrearage is owed to the State of Michigan or a political þ þ subdivision, the hearing will be scheduled at least 56 days from the filing of the motion. þ Make at least five copies of the form after you have filled it out. 2. þ File the Motion form with the county clerk. þ Take the original and five copies of the form to the county clerk in the county where your case is þ located. þ You must pay a $20.00 motion fee. If you can222t afford to pay the motion fee, ask the county clerk for þ an Affidavit and Order, Suspension of Fees/Costs (form MC 20 not included in this packet) to fill out. þ The county clerk will write the name of the judge assigned to your case on your form. The clerk þ will keep the original and one copy of the motion and any attachments for the court file and the þ friend of the court. Then the clerk will return four copies and remaining attachments to you. Do þ not lose them. þ What you should have when you leave the clerk222s office: þ One copy of FOC 109 (with any attachments) - for you þ One copy of FOC 109 (with any attachments) - for the other party þ One copy of FOC 109 - for proof of service to the court þ One copy of FOC 109 - for proof of service to the friend of the court 273273 SERVING THE MOTION ON THE OTHER PARTY OR PARTIES AND THE OFFICE OF CHILD þ SUPPORT OR THE POLITICAL SUBDIVISION 1. þ a. þ Serve the Motion and Notice of Hearing on the other party. þ The other parent or other party (if there is a custodian or guardian other than a parent) must be þ served with (notified of) the motion and hearing date at least 9 days before the hearing date. þ NOTE: Serve the papers by mailing them to the other party by first-class mail.PAGE 3 American LegalNet, Inc. www.FormsWorkFlow.com 1. þ b. þ Serve the Motion and Notice of Hearing on the Office of Child Support or the Political þ þ Subdivision. þ If any part of the arrearage is owed to the State of Michigan or a political subdivision, the Office of þ Child Support or the political subdivision must be served with (notified of) the motion and hearing þ date at least 56 days before the hearing date. þ NOTE: Serve the papers by mailing them to the Office of Child Support or the political subdivision by þ first-class mail. What you need for service: þ One copy of FOC 109 (with any attachments) - for the other party þ One copy of FOC 109 (with any attachments) - for the Office of Child Support or the political þ þ subdivision when applicable þ Two copies of FOC 109 - for proof of service þ Any additional copies of FOC 109 (with any attachments) - for other custodian or guardian þ if there is someone other than the other parent who has care or custody of the child(ren). þ Mail one copy with attachments to the other party. If there is a custodian or guardian, mail one copy þ and the attachments to him/her. If the Office of Child Support must be served, mail one copy and the þ attachments to OCS Central Operations, Arrears Payment Plan Review Unit, PO Box 30744, Lansing, þ Michigan 48909-8250. Then fill out the Certificate of Mailing on the front of the remaining three copies. þ Keep one copy for your own records. 2. þ Return to the county clerk. þ Once you have mailed the motion and notice of hearing and filled out the Certificate of Mailing on the þ remaining three copies, return to the county clerk222s office with two copies. Remember to keep one þ copy for your own records. The county clerk will deliver one copy to the friend of the court. 3. þ Response from other party. þ If you receive a response to your motion from the other party, make sure you read it before you attend þ the hearing. Think about what you want to say on your behalf. 4. þ Attend the hearing. þ You must attend the hearing on the motion. 273273 INFORMATION ABOUT ATTENDING THE HEARING Bring the original and five copies of the Order Regarding Payment Plan/Discharge of Arrears (form FOC 110) with you to the hearing. Also bring all supporting papers you have and any witnesses who are willing to testify.PAGE 4 American LegalNet, Inc. www.FormsWorkFlow.com 1. þ Because you are representing yourself, you are expected to conduct yourself as an attorney þ þ would and to follow the same general rules an attorney would. 2. þ Make a list of information you think is important for the referee or judge to know. The information þ should relate to the reasons stated in your motion. You can use this list as a reminder to bring þ up the points you think are important. 3. þ If you think you need to order someone to attend this hearing, follow the procedure in Michigan þ Court Rule 2.506 or consult with an attorney. 4. þ Go to the judge222s courtroom or referee222s hearing room on the scheduled day and time. Dress þ neatly. Arrive 10 or 15 minutes early. Be prepared to spend most of the morning or afternoon þ in court. Bring any witnesses with you. 5. þ If you are responsible for preparing the order, bring all copies of your order form. 6. þ Go into the courtroom or referee hearing room and tell the referee or clerk (sitting near the judge222s þ bench) your name, that you are there for a hearing, and you are representing yourself. Do not interrupt þ any hearing in progress. Then take a seat in the back of the courtroom and wait for your case to be þ called. 7. þ When your case is called, be prepared to state: þ 1) þ your name. þ 2) þ that you are representing yourself. þ 3) þ that you need an order for a payment plan or for discharging arrears. þ þ 4) þ the facts or reasons for your request (bring papers that support your facts or reasons). þ 5) þ why you believe this order would not be contrary to