INCARCERATED RECIPIENT OR PAYER

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INCARCERATED RECIPIENT OR PAYER OF SUPPORT

Background:

An individual convicted of a criminal charge and sentenced to a term of more than 1 year in a correctional facility, will continue to incur their monthly child support charge and semi-annual surcharge on the arrearages until the current child support order is modified. If this is an arrearage only account, the semi-annual surcharge will continue to be assessed. MCLA 552.517(1)(b) ,Review and Modification of Child Support Orders, describes the responsibility of the friend of the court office when it is informed or discovered an obligor or recipient of support is incarcerated or being released from incarceration. The friend of the court office will initiate a review in either circumstance within 14 days of notification.

Modification:

Upon the office confirming a payer of support is incarcerated, a 12-month Certification of Prisoner Account Activity form will be sent to “Prisoner Accounting Office” at the MDOC institute that currently houses the payer. A proposed order modifying support to $0 will be sent to the parties if no income or assets are located. A party may object to the proposed order if they choose and a hearing will be set. The incarcerated person will have an opportunity to appear at the hearing and must notify the correctional facility for transportation. If the payer is incarcerated and has sufficient means to provide for support the friend of the court office will request an income review to determine the amount that should be paid. If the recipient is in the correctional institution there may be a request to stop support during their detainment. When the payer has been released from the correctional facility, this office will begin a review to determine the amount of support to be paid.

Arrearages:

The Friend of the Court will send an “Order to Remit Prisoner Funds for Child Support” to the financial office of the correctional facility where the incarcerated person is being housed. This will require the Department of Corrections to withhold 50% of all funds over $50.00 received by the prisoner to be sent to MiSDU for entry and disbursement.

Locating an Incarcerated Person:

If a person is incarcerated in a State correctional facility, Department of Corrections OTIS (Offender Tracking Information System) (www.michigan.gov) is helpful.

If a person is incarcerated in a Federal Bureau of Prisons, clicking the following address may help to locate the party (http://www.bop.gov)

If a person were incarcerated in a County correctional facility, an independent search of each facility would have to occur.

Link on (www.courts.mi.gov) will provide you with additional information to better assist you.