MI SB1091

Creates automatic abatement of monthly child support payments when a payer becomes incarcerated for 180 or more consecutive days and lacks ability to pay, effective by operation of law.

Presumes payer lacks ability to pay during incarceration, but abatement does not apply if payer has income or assets, triggering a friend of the court review and modification.

Requires friend of the court to notify both payer and support recipient of the abatement within 21 days, allowing parties to object based on mistake of fact or identity.

Upon release from incarceration, support remains abated until modified, with new support payments due no earlier than the first day of the first month following 90 days after release.

Requires Department of Corrections and local jails to provide the title IV-D agency with incarceration records, release dates, and relevant information to implement the abatement process; takes effect December 30, 2021.