Sec. 3d.
(1) A party or the friend of the court may file a motion with the court for a repayment plan order that provides, subject to federal law or regulation, for discharge of amounts assessed as surcharge and for the waiver of future surcharge. The court shall enter the repayment plan order after notice and a hearing if the court finds that all of the following are true:
(a) The arrearage did not arise from conduct by the payer engaged in exclusively for the purpose of avoiding a support obligation.
(b) The payer has no present ability, and will not have an ability in the foreseeable future, to pay the arrearage absent a repayment plan that waives or discharges amounts assessed as surcharge.
(c) The payer's plan is reasonable based on the payer's current ability to pay.
(d) The surcharge accrued or will accrue after the effective date of the amendatory act that added this section.
(2) Following entry of a repayment plan order under subsection (1), upon notice and hearing if the court finds that the payer has failed substantially to comply with the repayment plan, the court shall enter an order reinstating the surcharge and all or a portion of the surcharge that was discharged.
History: Add. 2004, Act 208, Eff. June 30, 2005
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