Form Foc 109 - Motion Regarding Payment Plan/discharge Of Arrears Page 6
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8INSTRUCTIONS FOR COMPLETING "MOTION REGARDING PAYMENT PLAN/DISCHARGE OF ARREARS"
Please print neatly. After filling in the form, you will need to make at least five copies.
Items A through J must be completed before your motion can be filed with the court. Please read the instructions
for each item. Then fill in the correct information for that item on the form.
Before you fill in the Case No., get your court papers for divorce, separate maintenance, family support, or
A
paternity and copy the Case No. from those court papers onto this form.
Also use the court papers to fill in the "Plaintiff" and "Defendant" boxes and, if applicable, the "Third Party" box.
B
Copy the names from these court papers onto this form. For example, if your name is in the box that says
"plaintiff," then you should write your name in the "plaintiff" box on this motion form.
You are the "moving party." Once you have written both names where they belong, you must check the box
"moving party" in the same box as your name.
Use this section to specify the amount of arrears on the case. Support arrears may be owed to a payee, to the
C
State of Michigan, or to another agency or person. You must attach written proof of these amounts, which
can be obtained from the friend of the court office.
If any of the arrearage is owed to an individual, check this box if the statement is accurate.
D
If any of the arrearage is owed to the State of Michigan or a political subdivision, check this box if the statement
E
is accurate.
Write in the amount of your income and frequency (weekly, monthly, etc.) with which you receive this income.
F
Use this section to specify your assets and the value of those assets.
G
Write in the amount you want to pay toward your support arrears and the frequency (weekly, monthly, etc.) with
H
which you want to make payments.
Write in today’s date and sign your name. Now contact the friend of the court office in your county to find out
I
how to get a hearing date. See page 3 of this booklet for details.
Once you get a hearing scheduled, fill in the full name of the judge or referee who will be hearing this motion,
J
the date of the hearing, the time of the hearing (include whether it is a.m. or p.m.), and the place of the hearing.
Now go to the county clerk's office with the original and five copies of this form and the four copies of each
separate sheet. The clerk will attach one copy of each separate sheet to four of the copies. The clerk will return
four copies to you.
Read page 3 of this booklet for details on mailing this form to the other party.
On the date you mail one copy (and the separate sheets) to the other party, write in the date and sign your
K
name on the remaining three copies.
Return to the county clerk with two copies. Read page 4 of this booklet for details.
You must read this booklet for directions on the legal process.
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