As everyone is likely aware, the COVID-19 pandemic has had a tremendous impact on our society. The various policies and procedures to respond to COVID-19 are changing almost as quickly as they are enacted. State and federal agencies have rolled out programs to provide financial assistance to individuals, but many people will still fall through the cracks or need more assistance than they can access.
Aside from the more obvious consequences, many Michiganders are likely to lose their housing – or they may have already. Housing changes mean address changes. Unfortunately, updating an address with the court is probably, at best, an afterthought for parents in the midst of a housing crisis. Friend of the court (FOC) offices must be prepared for the upcoming influx of address changes that will affect their ability to provide essential child support services to Michigan families.
Section 4024 of the CARES Act prevents landlords of housing rentals subsidized by federal funding from evicting a tenant for nonpayment of rent or fees for at least 120 days after the enactment of the CARES Act (enacted March 27, 2020). Governor Whitmer has also issued Executive Order 2020-19 temporarily suspending evictions until the Executive Order ends. Executive Order 2020-19 was recently extended by Executive Order 2020-54 until May 15 and could be extended again. The CARES Act and Governor Whitmer’s Executive Orders prevent landlords from entering a tenant’s home to regain possession due to nonpayment of rent or fees, but they do not change a tenant’s obligation to pay according to the lease or provide for rent forgiveness. Tenants without enough income to pay rent will likely face eviction, but cannot be evicted until the current protections expire (which could be as late as August 23, 2020, for those protected under the CARES Act – 120 days after enactment, plus 30 days after the landlord provides notice).
The CARES Act also provides protections against foreclosures. Federally-backed loan servicers may not take or initiate any foreclosure action for at least 60 days after March 18, 2020. “Federally-backed loan servicers,” for purposes of this Act, are those loans that are in whole or in part subsidized by the federal government and/or the Housing or Urban Development Program (known informally as “HUD housing”). Upon request and affirmation of a financial hardship due to the COVID-19 emergency, borrowers of a federally-backed mortgage must be granted up to 360 days forbearance.
As a result, FOC offices will likely see an influx in address changes and housing issues beginning in late July or early August. Offices should prepare early if possible. The best way to do this is through increasing public awareness:
- Make sure litigants understand their requirement to update their address with the FOC.
- In every communication with a litigant, ask if there have been any address changes.
- Make sure the Change in Personal Information form (FOC 108) is readily available. Keep forms printed in your office (if your office is open to the public), provide a link on your website
- Encourage MiChildSupport sign ups and remind customers they can access the Change in Personal Information form in the MiChildSupport portal.
- Some litigants may also need to submit their change of address to the Michigan State Disbursement Unit.
FOC offices might want to be aware of any local eviction and foreclosure assistance available to provide information to litigants facing displacement.
Following these suggestions should lessen the burden of locating payers and recipients and also help litigants stay informed about their case.
