Incarcerated Recipient or Payer of Support
Background:
An Individual detained in a correctional facility after a criminal conviction and sentencing to a term of more than 1 year, will continue to incur a monthly child support charge and semi-annual surcharge on the arrearages until the order is modified. If it is an arrearage only account, there will continue to be a semi-annual surcharge assessed unless specified differently. Michigan Law MCLA 552.517(1)(b), Review and Modification of Child Support Orders, describes the responsibility the office has when it is discovered an obligor or recipient of support is incarcerated or being released from incarceration. The office shall initiate a review in either circumstance within 14 days of notification.
Modifications:
Upon the office confirming a payer of support is incarcerated, a proposed order modifying support to $0 will be sent to the parties if no income or assets are located. There will be a convenient process for objections 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 by video or telephonic means. If the payer is incarcerated and has sufficient means to provide for support the 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 is released there will be an income review conducted to determine the amount of support to be paid.
Arrearages:
We will send an “ Order to Remit Prisoner Funds for Child Support” to the financial office of the prison where an incarcerated payer of support who has a child support arrearage on record in our office is housed. This will require the Department of Corrections to withhold 50% of all funds over $50.00 received by the prisoner to be sent first for court ordered costs and fees, and secondly for any child support debt.
Incarceration credits are provided for in certain circumstances and are decided on an individual basis by our staff attorney. Incarceration credits only apply to arrearages that are owed back to the State of Michigan, not the custodial parent. These credits may apply for periods of incarceration after October 1, 1987. An Incarceration Credit Letter can be reviewed, and if applicable, completed and submitted to the Kent County Friend of the Court, P.O. Box 351, Grand Rapids MI 49501 attn: Legal Department.
Locating an incarcerated person:
In order to determine if a person is incarcerated in a State correctional facility, a visit to the Department Of Corrections OTIS (Offender Tracking Information System) website could be helpful.
If the person is located in the Federal Bureau of Prisons, clicking on the following address may help you locate them (http://www.bop.gov).
If a person is detained in a County correctional facility, an independent search of each facility would have to occur.
Links to the State Court Administrative Office (Friend of the Court Bureau), and the Kent County Legal Assistance Center are provided to better assist you in obtaining information.
