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1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s). |
The age of majority in Michigan is 18. Child support can continue until the age of 19 and a half if the child is still in high school and lives full-time with the parent receiving child support payments. MCL 552.605b
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2. 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. Child support can continue until the age of 19 and a half if the child is still in high school and lives full-time with the parent receiving child support payments. MCL 552.605b
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3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe. |
No.
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4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe. |
A court may order support paid until 19 and a half years of age for completion of high school or beyond 19 and a half by agreement of the parties. MCL 552.605b
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5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe. |
The child emancipates before the normal duration, marries, is adopted by someone other than the non-custodial parent, enters the military service or the court orders the support obligation to end.
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6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent? |
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No. |
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7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe. |
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Yes, according to the specific language included in the order based on judicial discretion. |
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8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances. |
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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 child 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. |
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1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)? |
Michigan calculates child support following a modified income shares method.
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2. What is the minimum number of days with each parent that can be considered in your guideline’s formula, and what evidence is required (for example, court-order custody schedule, parenting plan, or verbal testimony)? |
Zero. 1) actual practice 2) if no credible evidence on practice, use the # from the prior USO; 3) if 1 or 2 does not apply, presume the # from the current custody or parenting time order. 2025 MCSF 3(C)
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3. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation. |
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4. Does your state’s IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions. |
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5. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
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6. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
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7. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state’s order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments? |
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7.1 Does it matter if the child receives TANF or Medicaid-only? If yes, explain. |
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8. 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? |
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9. Does your state IV-D agency grant the noncustodial parent credit toward child support for Social Security Administration (SSA) auxiliary benefits paid to the custodial parent on behalf of a child when those benefits are based on the noncustodial parent’s SSA benefit? |
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Yes. 2025 MCSF 3.07(A) |
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9.1 If a child’s auxiliary SSA benefit paid to the custodial parent is greater than the current child support obligation, do you credit the excess amount against arrearages, and if so, how? |
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Yes. 2025 MCSF 3.07(A) |
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10. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
No. 2025 MCSF 3.07(A)(2)
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11. If a child’s family benefit paid directly to the custodial parent is greater than the child support order, how do you credit the excess amount of current support? (That is, is it treated as a gift, paid to arrears accrued at any time, or treated as payment for a future period?) |
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The extra benefit amount remains with the custodial parent and is not applied to the child support amount.
2025 Michigan Child Support Formula 3.07(A)(3)
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12. If the case is an intergovernmental case, what is your process for notification and reconciliation of the SSA payments with the other state? |
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13. Does your state close cases when the noncustodial parent receives SSI only or when the noncustodial parent receives SSI and Title II benefits? |
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No, not necessarily. Michigan will close a case if an NCP cannot pay support for the duration of a child’s minority because the NCP has a medically verified total and permanent disability with no evidence of support potential as provided in 45 CFR 303.11(b)(8). |
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14. Does your state child support agency have a debt compromise program? |
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Yes. https://mdhhs-pres-prod.michigan.gov/ChildSupport/policy/Documents/6.51.pdf |
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15. When a child reaches the age of majority or otherwise emancipates and arrears are owed on the order, how does your state determine the payment rate on arrears? (For example, is collection enforced at the support amount plus arrears amount?) |
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The reduction in current support is added to the arrears repayment amount. 2025 MCSF 4.03(B)(8) |
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16. 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 custodial parent obtain legal custody before child support is addressed? Please describe. |
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No. If the child is residing full-time with the payer of support, support is abated. Michigan Compiled Laws 552.605d |
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1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation. |
Yes, Genetic testing that determines a man is the biological father of a child under this act establishes paternity. If genetic testing establishes paternity as described in this subsection, the mother is granted initial custody of the child, without prejudice to the determination of either parent's custodial rights, until otherwise determined by the court or otherwise agreed upon by the parties in writing and acknowledged by the court. This grant of initial custody to the mother does not, by itself, affect the rights of either parent in a proceeding to seek a court order for custody or parenting time. MCL 722.1469
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2. How is genetic testing coordinated within your state when the other party is in another state? |
99% or higher - Probate Code of 1939 (Excerpt) Act 288 of 1939 MCL 712.12
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3. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
If a child is born out of wedlock, a man is considered to be the natural father of that child if the man joins with the mother of the child and acknowledges that child as his child by completing a form that is an acknowledgment of parentage. MCL 722.1003
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4. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
Yes. When a mother is married at the time of her child's conception or birth, her spouse is presumed to be the child's legal parent. There are times when a child is conceived or born during a marriage, but the child is not the biological father. In these cases, the husband is still presumed to be the legal father until paternity is successfully challenged. MCL 333.2824(1) and MCL 552.29
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5. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
No. A birth certificate does not constitute a legal finding of paternity and is not a substitute for an acknowledgement 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 (Michigan Compiled Law-MCL 772.711-730), the Acknowledgement of Paternity Act (MCL 722.1001-1013), and the Genetic Parentage Act (MCL 722.1461-1475).
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6. Does the father’s name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
No.
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7.Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
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None. |
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8. What, if any, is the agency name and link for your state’s putative fathers’ registry? |
Birth records can be requested from the state of Michigan through the Michigan Division of Vital Records and Health Statistics. A birth certificate can be requested by mail, online, by phone or in person.
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9.What documents regarding paternity can your state’s IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies? |
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Certified copies of vital records are $34 with additional fees for rush delivery. |
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10. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data? |
No.
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10.1 Describe any circumstances under which these fees may be waived? |
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11. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect. |
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12. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard. |
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13. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child? |
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1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
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Michigan uses a judicial process to establish a support obligation. |
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1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures. |
N/A
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1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures. |
Michigan uses a judicial process to establish support.
Public Act 305 of 1996 - Acknowledgment of Parentage Act
Public Act 205 of 1956 - The Paternity Act
Public Act 295 of 1982 - Support and Parenting Time Enforcement Act
Public Act 366 of 2014 - Summary Support and Paternity Act
Public Act 365 of 2014 - Genetic Parentage Act
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2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)? |
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.
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2.1. What documentation is required as proof/evidence of this information? |
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Pay stubs, tax returns, SSI or RSDI income. |
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3. 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).
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4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive). |
Yes, 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
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4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
Pursuant to Public Act 295 of 1982 Michigan Compiled Law 552.603(2)
Retroactive modification of a support payment due under a support order is permissible with respect to a period during which there is pending a petition for modification, but only from the date that notice of the petition was given to the payer or recipient of support.
MCL 552.603(7) identifies what the Friend of the Court requires in writing from the parties for a support order.
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4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support? |
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Yes. |
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4.3. 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.
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5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended? |
There is no requirement for a third-party custodian to have legal custody to receive public assistance for that child. However, to receive child support, the third-party custodian is required by Michigan Court Rules to have legal guardianship or custody.
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5.1. What about when public assistance is not being expended? |
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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. |
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6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification? |
If support is RESERVED, it is an establishment. If support is ordered to be ZERO SUPPORT, it is a modification.
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7. 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 custodial parent obtain legal custody before child support is addressed? Please describe. |
Yes.
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1. What are specific sources of income not subject to withholding? |
Public Assistance, Supplemental Security Income (SSI), certain retirement plans (i.e. pensions, IRA's, and other retirement accounts), and certain Veterans benefits are not subject to withholding.
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2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation. |
Yes. Michigan's limit is 50 percent of disposable income regardless of whether the individual is more than 12 weeks in arrears or supporting another child or spouse. Ref: MCL 552.611a
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2.1 Does your state have policy or procedures allowing the agency to use lower limits than the CCPA? |
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3. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain. |
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4. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
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5. What are your state’s sanctions for employers for not implementing income withholding? |
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6. What are the penalties to an employer for failure to remit payments withheld? |
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7. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state’s UI agency? If yes, please explain your process and include any additional required documents. |
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7.1 If no, what is your state’s process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents. |
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8. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent’s financial institution in your state? If yes, please explain your process and include any additional required documents. |
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8.1 If no, what is your state’s process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents. |
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9. How does a noncustodial parent contest an income withholding in your state? |
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10. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate. |
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11. Do you send IWOs to employers for independent contractors? If yes, do you have a special process for determining the amount to withhold? |
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Yes, Michigan sends withholding notices for independent contractors but does not have a special process for determining the amount to withhold. |
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1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.) |
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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 (OCSE) for Federal Offset Program (FOP): IRS Tax Refund Offset, Passport Denial program, Multistate Financial Institution data Match (MS-FIDM), ICDM. |
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2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request? |
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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.
Lien/Levy requests require the requesting states lien forms and confirmation that the NCP has received due process. Michigan also requires confirmation that arrears exceed 12 months of periodic eligible support. Liens 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. |
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3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus? |
The support arrearage must be two or more months. MCL 552.512(1)
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4. To which credit bureaus does your state report a noncustodial parent's child support information? |
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Innovis and Experian |
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5. Is the method for credit bureau reporting judicial, administrative, or both? |
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Administrative |
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6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?" |
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Michigan does not remove accounts from credit reporting after the arrearage is paid. We stop reporting the account as delinquent but the information stays on the credit report for 7 years. |
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7. When your state is the responding state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount? |
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No. |
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8. When your state is the initiating state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount? |
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No. |
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9. When your state is the responding state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount? |
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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. |
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10. When your state is the initiating state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount? |
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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. |
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11. When your state is the responding state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum required past-due amount? |
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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. |
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12. When your state is the initiating state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum past-due amount? |
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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. |
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13. When your state is the responding state, does it submit past-due cases to OCSS for passport denial? |
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No. |
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14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
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Administrative. |
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15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt? |
Yes. Accounts Excluded by the Support and Parenting Time Enforcement Act (SPTEA) include the following: Trust, Escrow and Annuity, IRA, Accounts covered by the Employee Retirement Income Security Act, Pensions/retirement plans, insurance policies, Student Assistance funds, Supplemental Security Income, Veterans Benefits, pensions and some federal payments.
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16. Is the financial institution attachment process in your state centralized and/or automated? |
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Automated. Financial Institution Data Match(FIDM) and Multi-State Financial Institution Data Match (MSFIDM) |
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17. What are the criteria to attach an account in a financial institution in your state? |
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Valid Social Security Number, past due support in an amount that is equal to or 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. |
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18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain. |
MCL 552.625a
OCS Central Operations staff will work with the other state when the other states IV-D agency requests a lien be sent on their behalf. OCS Central Operations staff must contact the other state and verify that:
1. The amount owed on the case exceeds two months of periodic support;
2. The obligor has received notice that liens arise by operation of law and that the financial assets may be attached and seized if the threshold is reached; and
3. The other states notice of lien contains the levy amount, information that enables the financial institution to link the obligor with his/her financial assets, information on how to contact the other states IV-D agency, and statements setting forth the rights and responsibilities of the financial institution and obligor.
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19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required. |
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N/A |
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20. Does your state's income withholding definition include amounts in financial institutions? |
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21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both? |
MCL 552.625a requires IV-D agency to notify obligors that their real and personal property, including financial accounts, is subject to lien and levy by operation of law. This notice is provided by the Notice of Rights and Responsibilities (FEN003). Before proceeding with a lien, OCS Central Operations staff must determine whether the FEN003 was sent to the obligor at any time during the life of the case.
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22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency? |
The financial institution must hold funds for a minimum of 21 days or until the financial institution receives notice from Central Operations to release the funds.
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23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames. |
Yes. IV-D Agency instructs the financial institution to hold funds indefinitely until challenge is completed.
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24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain. |
No.
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25. What are the criteria for an obligor or joint account holder to contest a financial institution attachment? |
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The obligor or other account holder may challenge the lien/levy by claiming that there is a mistake of fact. A mistake of fact challenge will include an assertion that:
A. The person owing support is not the account holder;
B. The amount of the obligor’s arrearage.
C. The funds in the account do not belong to the person owing support;
D. The funds in the account are exempt from lien and levy; or
E. The funds in the account are SSI payments.
Section 6.27, Liens-FIDM/MSFIDM
https://mdhhs-pres-prod.michigan.gov/ChildSupport/policy/Documents/6.27.pdf
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26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow. |
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27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
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28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
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29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
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30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
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31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
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32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
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33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
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34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
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35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
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36. What are the criteria for initiating/filing a lien in your state? |
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37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
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38. Does your state enforce property seizure and sale? If yes, is this process primarily judicial, administrative, or both? Please describe. |
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39. Does your state have state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination. |
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40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
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40.1 If yes, is this enforcement judicial, administrative, or both? |
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41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
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42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
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1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.) |
Michigan conducts IV-D case reviews no less than once every 36 months unless both of the following apply (as of 6/30/05);
Neither party has requested a review; and
Reasonable grounds to review an order do not exist. MCL 552.517
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2. What is your state's modification procedure? Briefly describe. |
The FOC reviews income information and makes a support recommendation based on Michigan's Child Support Formula. Parties are provided with notice of the FOC's recommendation and are given chance to object to a proposed order. If parties do not object, or lose the objection, the recommendation is confirmed by issuance of an order by the Court. MCL 552.517
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3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)? |
The minimum threshold for modification is 10 percent of the currently ordered support payment or $50 per month, whichever is greater.
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4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
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4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
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Yes. |
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4.2. The earnings of the custodial parent have substantially increased or decreased. |
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Yes. |
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4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes.
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4.4. The cost of living has changed. |
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No. |
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4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
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Yes. |
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4.6. There has been a substantial change in childcare expenses. |
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Yes. |
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4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
Michigan also considers circumstances identified in MCL 522-517 and according to the MCSF.
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5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
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No. |
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6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
Yes, in accordance with MCL 552.605(d)(2)
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7. If a child’s family SSD benefit paid directly to the CP is less than the child support, does the above situation qualify as a change of circumstance for a review and adjustment? |
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If the support payer is incarcerated for 180 consecutive days or more, support is automatically abated. When the support payer is released from incarceration, a review must be started within 30 days of release.
Michigan Compiled Laws 552.517f.
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8. Does your procedure require a request from a party to review an order in an IV-D Non-Public Assistance case? If yes, must the party sign the request? |
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Yes, the request must be in writing. Michigan does not have an explicit requirement for a signature. |
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9. Can the IV-D agency initiate a review in an IV-D Non-Public Assistance case without a request from the party (for example, based on data from automated sources that the parent is receiving unemployment or SSI)? |
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Yes, the Friend of the Court is required to initiate a review under certain circumstances with a request from the party. Michigan Compiled Laws 552.517 |
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1. Does your state require electronic payments? If yes, provide your state statutory citation. |
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No |
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2. What is your state's SDU bank name? |
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The SDU bank is Fifth Third Bank. |
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3. What is your state's SDU vendor name? |
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Conduent
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4. What is your state's web-based payment service for employers? |
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Web-based payment service (free to employers):
Phone: 800-817-0805
E-mail: misduoutreach@michigan.gov
Website: www.misdu.com
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5. What is your state's web-based payment service for noncustodial parents? |
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Web-based payment service:
Phone: 800-817-0805
E-mail: misduoutreach@michigan.gov
Website: www.misdu.com |
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6. Does your state accept credit card payments? If yes, who does your state accept credit card payments from? |
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Yes. Employers, NCPs, Third-Party payers |
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7. How does your state accept card payments? |
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misdu.com |
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8. Are there fees associated with the credit card payments? |
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Bank Debits have no transaction fee.
Credit cards have a transaction fee.
Fee table located at misdu.com
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9. Does your state have other payment options? |
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One-Time payments using PayNearMe |
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10. How many days following the first pay period after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
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7 days after service |
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11. When must an employer remit amounts withheld from an employee's pay? |
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Within 3 days after the date of the withholding |
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12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums? |
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Federal, state, city taxes, FICA |
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13. What is your state's priority for withholdings? |
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Current support, arrears, health insurance premiums |
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14. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Provide the statutory citation. |
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Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Provide the statutory citation.
Michigan’s income withholding limit is 50% of disposable earnings as that term is defined in the Consumer Credit Protection Act (CCPA) at 15 USC 1672
MCL 552.608 https://legislature.mi.gov/Laws/MCL?objectName=mcl-552-608
MCL 552.611a https://legislature.mi.gov/Laws/MCL?objectName=mcl-552-611a
MCL 552.626b https://legislature.mi.gov/Laws/MCL?objectName=mcl-552-626b |
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15. What are the withholding limits for non-employees? |
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No limit on payments or income that is not earnings or disposable earnings as those terms are defined in the Consumer Credit Protection Act (CCPA) at 15 USC 1672.
MCL 552.608 https://legislature.mi.gov/Laws/MCL?objectName=mcl-552-608
MCL 552.611a https://legislature.mi.gov/Laws/MCL?objectName=mcl-552-611a
MCL 552.626b https://legislature.mi.gov/Laws/MCL?objectName=mcl-552-626b |
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16. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally, or prorated among the cases? (See 45 CFR 303.100(a)(5).) |
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If all orders to withhold income 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 1 or more of the orders to withhold income are from another state, the source of income shall give priority to amounts designated in each notice as current support, as follows:
If the total of the amounts designated in the notices as current support exceeds 50% of the payer's disposable earnings, then the source of income shall allocate to each order an amount for current support equal to the amount designated in the notice as current support, divided by the total of the amounts designated in the notices as current support, multiplied by the amount of income available for income withholding.
If the total of the amounts designated in the notices as current support does not exceed 50% of the payer's disposable earnings, then the source of income shall pay the amounts designated as current support, and in addition shall proportionately allocate to each order an amount for past due support not to exceed the amount designated in the notice as past due support. This subdivision does not require the maximum withholding to satisfy past due child or spousal support.
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. This subdivision does not require a source of income to pay the parent's portion of health care coverage premiums. |
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17. When does your state require employers to send notice of an employee's termination? |
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Promptly.
If the source of income is an employer, the source of income shall promptly notify the appropriate office of the friend of the court when the payer's employment is terminated or interrupted for a period of 14 or more consecutive days and shall provide the payer's last known address and the name and address of the payer's new employer or other source of income, if known. |
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18. How long should an employer retain the order after the employee's termination? |
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Until notified by agency.
IWN stays in effect even upon return to employment |
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19. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii)) |
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Income withholding payments submitted by electronic means: $1 each payment, but not to exceed $2 per month
Income withholding payments remitted by other means: $2 each payment, but not to exceed $4 per month |
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20. Provide your state's statutory citation. |
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Michigan Compiled Law (MCL) 552.602 https://legislature.mi.gov/Laws/MCL?objectName=mcl-552-602
MCL 552.608 https://legislature.mi.gov/Laws/MCL?objectName=mcl-552-608
MCL 552.609 https://legislature.mi.gov/Laws/MCL?objectName=mcl-552-609
MCL 552.611 https://legislature.mi.gov/Laws/MCL?objectName=mcl-552-611
MCL 552.612 https://legislature.mi.gov/Laws/MCL?objectName=mcl-552-612
MCL 552.613 https://legislature.mi.gov/Laws/MCL?objectName=mcl-552-613
MCL 552.614 https://legislature.mi.gov/Laws/MCL?objectName=mcl-552-614
MCL 552.623 https://legislature.mi.gov/Laws/MCL?objectName=mcl-552-623 |
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21. Does your state have a definition of a lump sum or bonus? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer-related lump sums.) |
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No, "Lump sum" and "bonus" payments are not defined specifically, but Michigan's definition of "income" includes certain types of lump sum or bonus payments. Under Michigan Compiled Law (MCL) 552.602(m),"income" means any of the following:
1. 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.
2. 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 compensation, or worker's compensation.
3. 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 apolitical subdivision of another state, or another legal entity that is indebted to the individual.
MCL 552.602(m) https://legislature.mi.gov/Laws/MCL?objectName=mcl-552-602 |
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22. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
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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 (OCS) Central Operations Unit to report the lump sum. This is necessary to ensure the source of income is informed about the employee's 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(s) 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.
MCL 552.602(m) https://legislature.mi.gov/Laws/MCL?objectName=mcl-552-602 |
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23. Does your state have a threshold amount for a lump sum to be reported? |
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Michigan does not have a minimum threshold amount for reporting lump-sum payments. |
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24. Does your state citation or rule provide how long the employer must hold the lump sum? |
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No. The source of income may process the lump sum payment as soon as the information is provided to them by the OCS Central Operations Lump Sum Reporting. The source of income must send the lump sum payment to the Michigan State Disbursement Unit, not directly to the custodial parent. |
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25. Is the Income Withholding Order (IWO) used for lump sums? |
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Yes |
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26. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved IWO for employer- issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.? |
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The type of document used depends on the type of income/funds being attached:
a. Income withholding notice to attach employment-related income;
b. Private pension and retirement accounts are attached with a Qualified Domestic Relations Order (QDRO);
c. Government pension and retirement accounts are attached with an Eligible Domestic Relations Order (EDRO)
d. Inheritances, legal awards, worker's compensation, insurance settlements and financial assets (deposit, account, money market fund, stock, bond, or similar instrument) can be attached with a Notice of Lien;
e. Non-employer lump sum payments may be garnished. |
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27. If the lump sum is earnings as defined by the CCPA, does your state limit the withholding to a greater degree than the CCPA limitation? |
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Yes, Michigan's withholding limitation is 50% of disposable earnings per the CCPA definition of disposable earnings.
MCL 552.608 https://legislature.mi.gov/Laws/MCL?objectName=mcl-552-608
MCL 552.609 https://legislature.mi.gov/Laws/MCL?objectName=mcl-552-609
MCL 552.611a https://legislature.mi.gov/Laws/MCL?objectName=mcl-552-611a
MCL 552.626b https://legislature.mi.gov/Laws/MCL?objectName=mcl-552-624b |
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28. If the lump sum is not earnings as defined by the CCPA, does your state limit the withholding/attachment? |
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No. Michigan does not have a law that specifically addresses limitations for withholding support from non-earnings.
MCL 552.602, 552.608, 552.609, 552.611a, and 552.626b
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29. What is your state's Medical Support Statute? |
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Michigan Compiled Laws (MCL)
552.608
552.511a
552.626
552.626a
2021 Michigan Child Support Formula (MCSF) 3.04 and 3.05 |
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30. What is your state's Reasonable Cost Definition? |
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"Reasonable Cost" is defined by our state statute/agency policy. The definition is in the Michigan Child Support Formula (MCSF) 3.05(A)(2). Except as otherwise ordered by the court, a reasonable cost to a parent for providing health care coverage for the children does not exceed 6 percent of the providing parent's gross income. In applying this standard, the cost of providing health care coverage is the parent's net cost of adding the children to the parent's coverage (e.g. difference between self-only and family coverage) or adding the children to the existing coverage. (a)Parents with a net income below 133 percent of the federal poverty level or whose child is covered by Medicaid based on that parent's income should not be ordered to contribute toward or provide coverage, unless coverage is obtainable without any financial contribution by that parent. (b)A parent's cost for providing health care coverage is unreasonable if the parent's total current obligation for support, childcare expenses, ordinary health care expenses, plus the parent's net share of health care insurance exceeds 50 percent of the parent's regular aggregate disposable earnings |
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31. What is the Health Coverage Expense? |
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The employee's cost of health coverage for the employee + child(ren), less the cost of employee-only coverage, whether the employee is already enrolled or not |
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32. What is the Income Withholding Limits for Support? |
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We calculate the available amount of disposable income for the aggregate of all ordered support by applying either the CCPA withholding limits or 50%, an agency limit If the principal place of employment is in Michigan, the total amount of income withheld for current support, fees, and health care coverage premiums must not exceed 50% of the individual's disposable earnings.
Michigan Compiled Laws (MCL) 552.608
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33. What is the Priority of Withholding? |
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Michigan Compiled Laws (MCL) 552.611a
1. Current support (child support, current spousal support, cash, medical)
2. Arrears (past child support, past spousal support, cash, medical)
3. Health insurance premiums
Michigan Compiled Laws (MCL) 552.611a |
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34. What is the priority of health coverage if the income withholding limit is less than the total costs of ordered coverage? |
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An employer should stop and not enroll the child(ren) in any coverage if the maximum amount allowable withholding is less than the sum of all ordered health care coverage.
Michigan Compiled Laws (MCL) 552.611a(c), |
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35. According to 45 CFR §303.32(a), what are your state options? |
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Michigan opts to enforce medical support against either or both parents. |
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36. What does your state do if an employee contests 45 CFR §303.32(c)(5)? |
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If the employee objects to the NMSN, the employee may request an administrative review through the local Friend of the Court Office. |
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37. What is the reporting timeframe (non-magnetic media only)? |
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Within 20 calendar days after the date of hire or re-hire. |
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38. What are the required data elements? |
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Required:
• Employee Name (first, middle, and last)
• Employee address
• Employee SSN
• Date of Hire
• State of hire (if employer is reporting as a multi-state employer)
• Employer name
• Employer mailing address
• Employer FEIN
Optional:
• Employee date of birth
• Employee state of hire
• Employee drivers’ license
• Employer phone
• Employer fax
• Employer email
• Employer contact name
• Employer SEIN
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39. What are the methods of transmission? |
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Online, mail (paper and electronic media), fax, payroll services |
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40. Does your state require independent contractor reporting? |
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No, but it is encouraged and accepted. |