In order to have an arrears discharge declared, you must file a petition with the court. This form is used to request that the court terminate all past-due child support payments and issue an arrears discharge. The petitioner must state in the petition why they are unable to pay the child support payments and provide any supporting documentation. If granted, this will release the petitioner from any future obligation to pay child support payments. There are specific eligibility requirements that must be met in order for a petitioner to qualify for an arrears discharge. These include but are not limited to: demonstrating proof of financial hardship, proving that all attempts at collection have been exhausted, and showing that paying the requested amount would create an undue burden. It
| Question | Answer |
|---|---|
| Form Name | Arrears Discharge Form |
| Form Length | 4 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 1 min |
| Other names | michigan arrears discharge worksheet, arrears discharge child, deceptionstoppers, discharge worksheet template |
Arrears Discharge Worksheet
Answer the information below using information from the
[NCP Name]
[FOC Case Number]
Answer all questions on the spreadsheet in order, top down. As each question is answered, other questions will appear, as appropriate based on the answer provided.
Initial Evaluation
Has the Statute of Limitations period passed (10 years since the last support charge was due) and no payment has been made within the last ten years to renew the limitations period?
Does the case qualify for
Has the CP waived his/her interest in CAA?
Is the NCP currently married to the CP?
Have the parties reconciled?
Has the CP waived his/her arrears?
No
No
No
No
No
No
No
Go to the next evaluation question.
Go to the next evaluation question.
Go to the next evaluation question.
Select the "Grid Color Determination" tab in this spreadsheet to determine if the NCP is qualified for Administrative Discharge.
Go to the next evaluation question. Go to the next evaluation question.
Select the "Grid Color Determination" tab in this spreadsheet to determine if the NCP is qualified for Administrative Discharge.
Arrears Management Strategies
If any
Arrears REDUCED: Full Discharge Criteria
Is the NCP in prison for life with no chance of parole?
Is the NCP incarcerated with an earliest release date of 10 or more years in the future, and his/her youngest child on the docket where the arrears are being discharged is at least 18 years old?
Is the NCP receiving supplemental security income (SSI) and has been determined to have a permanent impairment?
No
No
No
Go to the next evaluation question.
Go to the next evaluation question.
Go to the next evaluation question.
Is the NCP claiming permanent medical disability but is not receiving SSI?
No
Go to the next evaluation question.
Does the NCP currently receive SSI?
No
Go to the next evaluation question.
Arrears REDUCED: Full or Partial Discharge
6.51E1 (REV. 6/15)
Does the NCP live in the same household with the CP and the child(ren)? |
No |
Does the NCP have physical custody of the children? |
No |
Does the NCP have extraordinary medical expenses for himself/herself or a family |
|
member? |
No |
Is the NCP jobless? |
No |
Has the NCP been living in a |
|
shelter for at least 30 days? |
No |
Has the NCP been participating in a |
|
transitional or supportive housing program, for at least 30 days? |
Yes |
Lump Sum
Does the NCP have the ability to pay a
$0
Go to the next evaluation question.
Go to the next evaluation question.
Go to the next evaluation question.
Go to the next evaluation question.
Go to the next evaluation question.
Case qualifies for Arrears REDUCED. Discharge
$0
6.51E1 (REV. 6/15)
Grid Color Determination
FOC staff can use this worksheet to determine if the NCP is a good candidate for the administrative discharge of
6.51, "Arrears Management," of the Michigan
[NCP Name], [FOC Case Number],
Engagement Factors |
Yes/No (Must select yes or no for at least one factor) |
Has not hidden or attempted to hide assets |
|
Provides, or has provided in the past, |
|
care, etc.) to the child(ren) on an ongoing basis |
|
Has participated in a job program, if available and applicable |
Yes |
Has participated in a life skills program, personal finance class, etc., if available and |
|
applicable |
|
Has taken the initiative to contact the FOC office regarding his/her inability to pay |
|
Has kept his/her contact information current with the FOC office |
|
Has provided documentation timely when requested by the FOC office |
|
Has appeared at reasonable times and places when requested to provide information |
Yes |
Was consistently compliant or more compliant with support orders when his/her financial |
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or personal circumstances were better than they are currently |
Yes |
|
5 |
|
|
Ability to Pay Factors |
Select appropriate description from each factor |
Assets |
|
Current and/or projected employment (consider skills and education as well as the local |
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economy) and health status |
|
Age/life expectancy |
|
Past, current, and future incarceration status |
|
|
Local Geographic Unemployment Rate > 125% of State |
|
Average AND NCP has no personal transportation and lives in |
Geographic location |
a geographic area without a public transportation system |
Current public assistance status |
|
Current or future eligibility for Social Security Administration, Veterans Benefits |
NCP appears to qualify for SSD or VA benefits, but was |
Administration, railroad retirement, or any other publicly or privately provided benefits |
denied at this time. |
Current and/or previous orders to determine if the ordered amount was based on |
|
incorrect or imputed information and whether modifications occurred timely |
Most orders based on default |
28
Classification of NCP for arrears discharge: Green
NCP is a good candidate for administrative discharge of state- owed arrears.
Continue to evaluate NCP for potential administrative discharge using the
6.51E1 (REV. 6/15)
Partial Forgiveness Calculator
NCP Name |
[NCP Name] |
|
|
|
|
|
|
|
FOC Case (Docket) Number |
[FOC Case Number] |
|
Total amount of arrears owed |
$ |
- |
Total amount of |
$ |
- |
Select NCP's state of residence |
|
|
|
|
|
Do NCP and CP repeatedly live together, break up and move |
|
|
out, then reconcile and move in together again? |
No |
|
Number of minor children on |
|
0 |
Total family size |
|
0 |
Current monthly income amount |
|
$0 |
Potential/Future monthly earning ability |
$ |
- |
Monthly Medical Bills from |
$ |
- |
Annual income less medical expenses: $ |
- |
Federal poverty level (Feb. 2015) |
|
150% of federal poverty level |
|
Discretionary Income |
|
Amount to repay in 1 year |
|
Monthly expectation |
|
Number of months to continue paying |
#VALUE! |
Total amount of reasonable payments: |
$0.00 |
|
|
Amount of |
|
|
|
The
6.51E1 (REV. 6/15)