Form Foc 109 - Motion Regarding Payment Plan/discharge Of Arrears Page 3
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8INSTRUCTIONS FOR USING FORM FOC 109
FILING A MOTION AND SERVING A MOTION
»» FILING A MOTION
1. Fill out the Motion form.
Use the instructions on page 6. Be careful not to make mistakes.
Before filling out the “Notice of Hearing” part of the form, contact the friend of the court office to
find out whom to contact about getting a hearing date. Then contact the person or office as
directed by the friend of the court office. Fill in the form with the information you get about the
hearing date, location of hearing, and name of the judge or referee who will be hearing the
motion.
NOTE: When any part of the arrearage is owed to the State of Michigan or a political
subdivision, the hearing will be scheduled at least 56 days from the filing of the motion.
Make at least five copies of the form after you have filled it out.
2. File the Motion form with the county clerk.
Take the original and five copies of the form to the county clerk in the county where your case is
located.
You must pay a $20.00 motion fee. If you can’t afford to pay the motion fee, ask the county clerk for
an Affidavit and Order, Suspension of Fees/Costs (form MC 20 not included in this packet) to fill out.
The county clerk will write the name of the judge assigned to your case on your form. The clerk
will keep the original and one copy of the motion and any attachments for the court file and the
friend of the court. Then the clerk will return four copies and remaining attachments to you. Do
not lose them.
What you should have when you leave the clerk’s office:
One copy of FOC 109 (with any attachments) - for you
One copy of FOC 109 (with any attachments) - for the other party
One copy of FOC 109 - for proof of service to the court
One copy of FOC 109 - for proof of service to the friend of the court
»» SERVING THE MOTION ON THE OTHER PARTY OR PARTIES AND THE OFFICE OF CHILD
SUPPORT OR THE POLITICAL SUBDIVISION
1. a. Serve the Motion and Notice of Hearing on the other party.
The other parent or other party (if there is a custodian or guardian other than a parent) must be
served with (notified of) the motion and hearing date at least 9 days before the hearing date.
NOTE: Serve the papers by mailing them to the other party by first-class mail.
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