A Guide to Custody, Parenting Time and Support
MICHIGAN
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Revised October 2021
Dear Friend,
Welcome to Michigan’s Friend of the Court, a part of the circuit court
family division supervised by the chief judge. The Friend of the Court
assists the court administrator on issues of custody, parenting time and
support, including medical and spousal. Throughout the years, the Friend
of the Court office has undergone major legislative reform in order to
strengthen child support and parenting time enforcement.
This booklet describes the basic duties and procedures of the Friend
of the Court and should only serve as a guide and not a substitute to
seeking legal advice or contacting your local Friend of the Court when
facing issues of custody, parenting time and support.
I hope this information is helpful to you.
Information is accurate at the time of printing and provided in part by the Friend of the Court Bureau:
State Court Administrative Office
Friend of the Court Bureau
P.O. Box 30048
Lansing, MI 48909
Phone: (517) 373-5975
Website: courts.mi.gov
Table of Contents
Introduction ........................................... 1
Parties Rights and Responsibilities ........................... 2
Friend of the Court Duties ................................. 3
Court Procedures ....................................... 4
Starting a Court Case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Hearings ........................................ 5
Court Orders ..................................... 5
Alternative Dispute Resolution (ADR) .................... 6
Information About Custody, Parenting Time and Support .......... 9
Custody ......................................... 9
Parenting Time .................................... 11
Support ......................................... 13
Child Support Questions and Answers ........................ 16
Miscellaneous FAQs ..................................... 17
Complaints ............................................ 19
Additional Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Glossary of Frequently Used Terms .......................... 21
Prepared by the Michigan Legislature
This information is provided free to Michigan citizens
and is not for reproduction for resale or profit.
(Rev. 10/2021)
1
Introduction
This handbook provides information about duties and procedures for the Friend of the Court
(FOC), rights and responsibilities of parties in family law matters, and information about basic
court procedures in domestic relations cases. Some procedures vary by county. The family
division of the circuit court is responsible for resolving the legal concerns in divorce, paternity,
custody and support matters. The Friend of the Court helps the court administer these types of
cases. The FOC is also a part of the circuit court and is supervised by the Chief Judge. Any
questions you may have, please discuss with your local FOC office or your attorney.
Note: This publication is only a resource for general information and does not replace the
advice of an attorney or be used as a substitute for contacting the Friend of the Court.
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Parties Rights and
Responsibilities
Each Party Has the Right to:
• Meet with the Friend of the Court employee investigating a dispute about custody or parenting-time.
• Request the Friend of the Court to recommend whether a support or health insurance order should
be modified.
• File a grievance with the Friend of the Court office concerning an employee or office procedure.
• Hire and consult with an attorney about any questions or concerns.
• Decline Friend of the Court assistance (opt-out) if agreed by all parties and approved of by the
court.
Each Party Has the Responsibility to:
• Inform the Friend of the Court, in writing, of the following information:
• Current residential and mailing addresses where notices and documents can be sent.
• Current employer or source of income’s name, address, and telephone number.
• Current telephone number (residential or mobile).
• Occupational, recreational or driver’s license held, and license number(s).
• Social security number, unless exempt by law from disclosing that number.
• Current address of child(ren).
• Current information regarding health care coverage available as a benefit of employment or
maintained by either party.
• Provide other information to assist the Friend of the Court in carrying out its duties as required by
law.
• Understand and follow all court orders.
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Friend of the Court Duties
Michigan law created Friend of the Court offices in 1919. At least one office serves each circuit
court’s family division.
Friend of the Court offices have the following duties:
• When directed by the judge, the office investigates and makes recommendations to the court
regarding:
• custody
• parenting-time
• child support
• medical support
• Offers voluntary alternative dispute resolution (ADR) services, to help settle disagreements
about custody or parenting-time, or support.
• In cooperation with Michigan State Disbursement Unit (MiSDU) the FOC collects, records, and
distributes support payments as ordered by the court.
• Assists the court with enforcing orders on custody, parenting-time, and support.
• Provides forms that parties may use to file motions and responses regarding custody, parenting-
time, support, change of domicile, and repayment plans.
The FOC has NO authority to:
• Investigate criminal activity or abuse and neglect, but its employees in their professional
capacity must report abuse and neglect.
• Change an order.
• Give legal advice.
Opt-Out of Friend of the Court Services
Parties who agree that they do not need the FOC’s services do not have to use them in certain
circumstances. They may file a joint motion to opt-out and, if the court approves the motion, the
parties must then deal with each other directly. Before the court approves a motion to opt-out, the
parties must file a document that shows they are voluntarily giving up FOC services.
Parties who opt-out of FOC services must carry out and enforce the court’s order on their own. To
guarantee a proper accounting of support payments, parties may make support payments through
the MiSDU even after an FOC case file closes.
If an opt-out motion is filed at the same time as the complaint that starts the case, the court must
order the Friend of the Court not to open a case unless one or more of the following are true:
• A party is eligible for Title IV-D services of the Social Security Act, 42 U.S.C. § 301 et seq.
(child support services) because a party is receiving or has applied for public assistance.
• A party has applied for Title IV-D services.
• A party has requested the Friend of the Court to open a case.
• There is evidence of domestic violence or bargaining inequality and the opt-out request is
against the best interests of a party or the parties’ child.
The parties also may file a motion requesting the court to order the Friend of the Court to close its
case. The court will issue the order unless it determines one or more of the following are true:
• A party objects to the closure.
• A party is receiving public assistance.
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• Within the previous 12 months an arrearage or custody or parenting-time violation has
occurred in the case.
• Within the previous 12 months a party to the case has reopened the Friend of the Court case.
• There is evidence of domestic violence or bargaining inequality and the request is against the
best interests of a party or the parties’ child.
• The parties have not filed a jointly signed document with the court, that acknowledges the FOC
services the parties are choosing to give up.
Closing a Friend of the Court case requires the parties to assume full responsibility for
administration and enforcement of the court orders. To assure proper accounting of support
payments and their consideration in future proceedings, the parties may choose to have support
payments made through the MiSDU even after the Friend of the Court case is closed. If at any time a
party applies for public assistance, requests any service from the FOC, or requests that a case be
reopened, the FOC will reopen the case file. In these situations, the court may request that a party
or the FOC prepare a written order to reopen the case.
Court Procedures
Starting a Court Case
Anyone who wants to start a court case must file the correct papers in the family division of the
circuit court according to Michigan court rules and Michigan Law. The court cannot require a party
to use an attorney, but the majority of people do. Cases may involve difficult questions and
knowledge of Michigan law and court proceedings.
Plaintiff’s Complaint
Each case begins with the plaintiff (the person requesting the court’s assistance) filing papers
which asks the court to decide a dispute (a complaint) concerning the plaintiff and the other party
(the defendant). The Plaintiff may ask the court to do any of the following:
• Grant a divorce.
• Review the case for child support (including medical support) or spousal support.
• Establish paternity.
• Establish custody of a child with one (or both) parties.
• Establish parenting-time with a child.
Service
Michigan court rules state that the defendant must be given a copy of the summons and complaint
within the time stated on the summons. The summons tells the defendant to answer the complaint. The
summons and complaint must be delivered in a way that gives the defendant notice that a case has
been started. A Friend of the Court informational handbook must be served with the complaint
whenever minor children are involved or spousal support is ordered.
Defendant’s Answer to Complaint
The defendant is allowed time to answer the complaint. If an answer is not filed within the time
frame permitted (usually 21 days after service), the defendant may lose the right to have his or her
concerns heard by the judge. The plaintiff may seek the entry of a default and default judgment. This
could result in an order granting the plaintiff’s requests.
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Hearings
After the complaint and answer have been filed, either party may file a motion asking for orders
deciding custody, parenting-time and support. The court gathers necessary information at a hearing
to decide what should be ordered.
If a hearing is scheduled before a referee or judge, both parties must be notified of the time and
place. This provides a parent with an opportunity to tell the judge or referee why a specific order
should be made. The court is not bound by either parties’ recommendations.
Court Orders
When a court makes a decision, someone must write it in the form of an order. This is usually done
by the parties or their attorneys. An order is not valid until a judge signs it and it is filed with the county
clerk. A referee may also recommend an order, but it is not valid until signed and entered by the judge.
If a party disagrees with an order, the party may file a motion for a rehearing (by the judge who
issued the order) or file an appeal to a higher court. A party cannot change a court order by filing a
grievance or by complaining to other government agencies.
Preliminary Orders
The court may enter a temporary order before the parties have had the opportunity to present all
important evidence and arguments at a hearing.
Ex Parte Orders
(Orders Entered Without First Hearing from All Parties)
Sometimes a judge will immediately enter an ex parte order when he or she is shown that serious
harm will occur if an order is not entered before the other party has the opportunity to respond.
Ex parte orders are usually intended to keep a situation stable until the judge can hear from both
parties. A party may disagree with an ex parte order and file an objection within 14 days to the
order or file a motion asking the court to change or cancel the order. However, the ex parte order
will remain in effect until it is changed by the court.
When an ex parte order involves support, custody or parenting-time, the order must be served on
the other party and also include a notice that a written objection or motion may be filed within 14 days.
If a party files an objection, the Friend of the Court will provide forms and instructions for
unrepresented parties to schedule a hearing with the court.
Final Orders
After a motion has been fully considered, the court enters a final order. A final order ends activity
on the motion, establishing requirements that the parties must follow.
A change can occur only if it is ordered by the court. Normally, a court will order a change if
both parties have agreed to the change. Otherwise, the court will only order a change if a motion is
filed after a party (or the FOC), and a court hearing is held.
Parties’ agreements are only recognized by the court and the Friend of the Court when they are
signed by a judge that approves the agreement. Simply notifying a Friend of the Court employee or
another government employee of an agreement does not change the court order.
Sometimes, the law requires the Friend of the Court to ask the court to change an order.
Referees
A referee is not a judge, but a person who holds hearings, examines witnesses and makes
recommendations to the judge. The chief circuit court judge may appoint a referee to hear testimony
and arguments in a domestic relations case.
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A referee’s recommendation will become a court order if neither party files a written objection
within specific time limits (or the court holds a hearing pursuant to an objection) and the judge signs
an order containing the recommendation.
Contact an attorney for more information on how to object to a referee’s recommendation and
request a hearing before a judge.
Reconciliations and Dismissals
Not every case ends with divorced or separated parents. If parties are trying to work out their
differences and wish to have enforcement of their order stopped, they may file a motion asking the
court not to enforce the order. Enforcement of a support obligation cannot be stopped except by
court order.
If parties wish to stop all further actions on a case, they must file an order of dismissal with the
court. The support payer may have to pay support while the case is pending or if any other debts
exist under the order before the case will be dismissed.
Orders Where One of the Parents Leaves Michigan
Child support continues regardless of where you live, unless changed by a court order. There are
serious legal consequences if orders are not followed.
Child support does not end when a parent leaves Michigan, even if the child lives in a different
state from the support payer. Both parents must tell the Friend of the Court whenever they change
where they live or work. The payer must continue to pay support through the Michigan State
Disbursement Unit (MiSDU), and the Friend of the Court continues to be responsible for enforcing the
court order.
If a support payer leaves Michigan and support payments are not timely, or stop altogether, there
are laws to assure that payments are made. Each state now has a law called the “Uniform Interstate
Family Support Act (UIFSA).”
UIFSA assists states in dealing with cases where a party or source of income is in another state. It
replaces other interstate child support laws. Under UIFSA, only one state has the right to establish or
modify support. This right can be given to another state only if certain conditions are met.
Some of the procedures available under UIFSA include interstate income withholding, registration
of the order in the other state for enforcement, registration of the order in the other state for
modification, and a request to have the other state assist with discovery.
Alternative Dispute Resolution (ADR)
If you are a party to an action and have a dispute that you cannot resolve with the other party or
parties, you are encouraged to participate in alternative dispute resolution (ADR) outside of the
court system. ADR may involve parents, grandparents, and even third parties. Parties often find this
rewarding because they make the decisions, instead of the court. The court must still enter an order,
but the court order will usually reflect the parties’ agreement.
Mediation is a common type of ADR. When parties go to court, decisions affecting their family
are made by the judge. The judge must decide based upon all available evidence and according to
law. Mediation places the responsibility for settling issues upon parties, without the direct involvement
of the court. Mediation provides parents the opportunity to communicate, cooperate, and, with the
assistance of a neutral third party, resolve disputes regarding custody or parenting-time. Parties often
find this rewarding, because they make the decisions instead of the court.
The following are types of alternative dispute resolution available in domestic relations
proceedings. You may contact an attorney or the Friend of the Court office to determine the types of
alternative dispute resolution methods available in your area.
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Friend of the Court Domestic Relations Mediation
The Friend of the Court is required to provide formal mediation services for disputes regarding
custody or parenting-time. These services can be provided by a Friend of the Court employee, or the
Friend of the Court may contract to have a private mediator provide the services. The Friend of the
Court may also provide informal mediation services. There is typically no cost for Friend of the Court
mediation.
Friend of the Court domestic relations mediation of custody or parenting-time is voluntary; both
parties must be willing to participate. If you reach an agreement, the mediator can put it into writing.
You may review this agreement with your attorneys. If both parties agree, the agreement will be put
in the form of a court order and signed by the judge.
Matters discussed during a formal mediation are confidential. A Friend of the Court employee who
acts as a mediator in a case cannot share information about what happened during mediation,
except for what is in the signed agreement of the parties. In addition, a Friend of the Court employee
who acts as a mediator in a case cannot enforce, investigate, or serve as a referee regarding any
issues of that case. Under the Mandated Reporters law, FOC mediators who suspect domestic
violence, child abuse and/or neglect must report it to the proper authorities.
Court Rule Domestic Relations Mediation
The court may refer family matters to mediation under the Michigan Court Rules (MCR 3.216). This
may occur when the parties agree to mediation, upon written motion of one of the parties, or upon
the direction of the court. Court rule mediation is not necessarily voluntary and is limited to only
custody or parenting-time issues.
For mediation under the court rule, the parties may agree to have any person mediate. If they do
agree to a mediator, the mediator must be a person who qualifies under the court rule.
Parties must attend the mediation sessions and may be accompanied by their attorneys. Any
information shared with the mediator is considered privileged and the mediator may not disclose this
information during any future proceedings or at trial.
If an agreement is reached during mediation, that agreement must be put in writing and signed by
the parties and their attorneys. The parties must take the necessary steps to have the mediation
agreement entered as an order of the court.
If an agreement is not reached during mediation and the parties have requested evaluative
mediation (a special type of mediation), then the mediator must prepare a report to the parties
setting forth the mediator’s recommendations on the issues. If both parties accept the mediator’s
recommendation, the parties must take the necessary steps to have the recommendation entered as a
court order.
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If either party rejects the mediator’s recommendation, even in part, the case will go to trial. The
court may not consider the mediator’s recommendation at trial.
An individual who performs court rule domestic relations mediation is entitled to reasonable fees,
which are usually divided equally between the parties.
Conciliation
Conciliation is a process in which an FOC employee assists the parties, usually at the beginning of
a case, to reach an agreement. Absent an agreement, the FOC employee may prepare a
recommendation for a court order. Information gathered during conciliation may be used by the
court later in other proceedings.
Joint Meeting
The FOC may use joint meetings to resolve custody, parenting-time, and support disputes. Joint
meetings can occur before or after an order is entered to resolve a custody or parenting-time
complaint. Following a joint meeting, the FOC employee may recommend a court order, which the
court may enter if neither party objects to it.
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Information About Custody,
Parenting Time and Support
Custody
A number of custody arrangements are possible. For any
arrangement, the court must decide who will make the major
decisions about each child. The court must also decide how the
child’s time will be shared between the parties.
Parents are encouraged to reach their own agreements
regarding custody. When parents cannot agree, the court
analyzes factors set forth in the Michigan Child Custody Act.
See MCL 722.23. These factors will be considered at a
hearing where the parents may present evidence and
arguments about each factor.
At the request of either parent, the court must consider
ordering joint custody. If the parents agree on joint custody,
the court must order it unless the court determines that joint
custody is not in the best interests of the child.
When deciding, the court must state on record its reasons
for granting or denying the request. The court may consider
joint custody without a parent’s request. In addition to the
normal factors considered when deciding custody, for joint
custody the court must also consider whether the parents will be able to cooperate and
generally agree concerning important decisions affecting the child’s welfare.
Custody Questions and Answers
How do I change an order for custody?
A motion must be filed to change a custody order. If both parents agree, they sign an
agreement (stipulation and consent agreement) and obtain the judge’s approval and signature on
the new order before it takes effect. That agreement will then become the new custody order.
Can I file my own motion to change custody?
You may file your own motion. However, it is important to remember that the court will still hold
you to the same rules to which an attorney would be held. There may be many complex issues in a
custody case and you may wish to have an attorney represent you. The Friend of the Court office
cannot file a motion for you, tell you what to say in a motion, or provide you with an attorney.
Is there any way the Friend of the Court can assist parties in reaching anagreement regarding
custody?
The Friend of the Court will provide domestic relations mediation whenever there is a custody
dispute and both parties agree to participate in mediation.
After a motion for custody has been filed, and we cannot reach our ownagreement, what does the
Friend of the Court do?
The Friend of the Court is required to:
• Offer ADR services to the parties.
• If directed by the judge, conduct an investigation and file a written report and
recommendation based upon the factors listed in the Michigan Child Custody Act.
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Do I have the right to receive a copy of the Friend of the Court report and recommendation
on custody?
Upon request, the Friend of the Court must give each party, or his/her attorney, a copy of the
report, recommendation and supporting information (or a summary of the information) used in
making the recommendation. This report must be provided before the court takes any action on the
recommendation.
Is there a cost for the custody investigation?
The FOC office may charge parties in a dispute an amount for the expense of conducting an
investigation and making a report if the party requests the investigation.
What happens if I have an order for custody and the other parent doesnot return the child to me as
stated in the court order?
You may contact the Friend of the Court and request enforcement. You may file a motion, with or
without an attorney, and ask the court to enforce the order. If you have reason to believe the other
parent does not intend to return the child, you may contact the police or the prosecuting attorney and
request that parental kidnapping charges be filed.
How do I enforce my custody order if the other parent has taken the child to another country?
When a child of U.S. citizenship is illegally kept outside of the country, the State Department’s
Office of Children’s Issues works with local U.S. embassies and foreign authorities to assist the
custodial parent. If a child custody dispute cannot be settled, it often must be resolved by judicial
proceedings in the country where the child and other parent are living. The State Department
can assist parents in filing the appropriate documents with foreign authorities and monitor and report
on foreign judicial or administrative proceedings.
The Child Custody Act requires that parenting-time orders prohibit exercising parenting-time in a
nation that is not a party to the Hague Convention on the Civil Aspects of International Child
Abduction, unless both parents provide the court with their written consent.
How do I contact the Office of Children’s Issues at the Department ofState?
United States Department of State
Bureau of Consular Affairs
Office of Children’s Issues, SA-17, 9th Floor
Washington, DC 20502
Phone: (202) 501-4444
Toll-free: (888) 407-4747
AbductionQuestions@State.gov
Does the Friend of the Court investigate abuse or neglect?
The FOC does not have the authority to investigate abuse or neglect. However, FOC employees
employed in a professional capacity are required to report suspected child abuse and neglect.
If you suspect abuse or neglect, you should immediately contact the Child Protective Services (CPS)
division of the Michigan Department of Health and Human Services (MDHHS) at 855-444-3911.
A judge may consider abuse or neglect when deciding custody or parenting-time. A party should
inform the FOC of any concerns about abuse or neglect if the FOC is investigating custody or
parenting-time. Both the judge and the FOC will rely on Child Protective Services to investigate and
evaluate the abuse or neglect allegations.
Can my child enroll in the school district I live in, even though the child lives with the other parent most
of the time?
Michigan law provides that a child may enroll in a school district where either parent resides,
regardless of which parent has custody. When a child regularly resides in two school districts as a
result of a joint custody order, the child may attend school in either district.
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Parenting Time
A parenting-time order specifies when a child will spend time with each parent. The Michigan
Child Custody Act [MCL 722.27a(1)-(3)] states:
“Parenting time shall be granted in accordance with the best interests of the child. It is presumed
to be in the best interests of a child for the child to have a strong relationship with both of his or
her parents.
... [p]arenting time shall be granted to a parent in a frequency, duration, and type reasonably
calculated to promote a strong relationship between the child and the parent granted parenting-
time. A child has a right to parenting-time with a parent unless it is shown on the record by clear
and convincing evidence that it would endanger the child’s physical, mental, or emotional health.”
During a person’s parenting-time, that parent is responsible for all routine decisions affecting the
child. The Michigan Child Custody Act (1970 PA 91) lists factors that the judge may consider when
determining the frequency, duration and type of parenting-time to be granted [MCL 722.27a(6)].
For more information, contact:
Friend of the Court Bureau
P.O. Box 30048
Lansing, MI 48909
Phone: (517) 373-5975
Fax: (517) 373-8740
Email: focb-info@courts.mi.gov
Website: courts.mi.gov
Parenting Time Enforcement
The Friend of the Court is required to provide
enforcement services for parenting-time orders.
The Friend of the Court office initiates enforcement when it receives a written complaint stating
specific facts which show a violation of the custody or parenting-time order. However, the Friend of
the Court office may decline to respond to the alleged violation if: (1) it occurred more than 56 days
before the complaint is made; (2) the complaining party has made two or more similar complaints
found by the court to be unwarranted and has failed to pay costs assessed in those actions; or
(3) the court order does not include an enforceable parenting-time provision.
The Friend of the Court initiates enforcement by sending a copy of the complaint to the other
party within 14 days of when the office receives the complaint. If the Friend of the Court finds that
the court’s order has been violated, the Friend of the Court has the following options: (1) apply
‘makeup’ parenting-time; (2) start an action requiring the party to show cause why the court should
not find the party in contempt of its order; (3) file a motion for modification of existing parenting-time
provisions; (4) schedule mediation depending on the type of ADR services available in your county;
or (5) schedule a joint meeting with the parties.
Parenting Time Modification Actions Started by Parties
A party may file a motion for a change in the parenting-time order if the party can show proper
cause or a change in circumstances. The Friend of the Court office will provide forms and instructions
to any party who wishes to file this type of motion. A party may want to contact an attorney to
prepare the forms and file the motion.
If both parents agree to change the parenting-time order, they may sign an agreement. Once that
agreement is put in the form of an order, signed by the judge, and filed with the county clerk, it will
become an order of the court. Even if the parties have agreed to a change in parenting-time or custody,
the current order remains in effect until the judge signs the new order and it is filed with the clerk.
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Frequently Asked Questions About
Parenting Time
My order for parenting-time states I have ‘reasonable’ parenting-time. What does this mean?
A ‘reasonable’ parenting-time order assumes you and the other parent will agree to a parenting-
time schedule.
If you cannot agree on a ‘reasonable parenting-time’ schedule, you may:
• Ask the other parent to attend ADR with the Friend of the
Court.
• Ask the Friend of the Court whether the order is specific
enough to allow the office to help.
• File a motion on your own or contact an attorney.
I would like to change my parenting-time schedule. What can I do?
First, ask the other parent to agree to the change. Remember
that the agreement, by itself, is not enforceable; it must first be
converted into a new court order. If no agreement is possible, you
may file a motion asking the court to order a new schedule. You
may file the motion on your own or have an attorney file it for you.
Child support payments are not being made. Do I have to allow parenting-time?
Yes. Parenting time and support are separate parts of a court order. Each has enforcement
procedures to be used when that part of the order is disobeyed. Ask the FOC to enforce child support.
The other parent is not sending or returning clothes or other items our child uses during parenting-time.
Is there anything the Friend of the Court can do?
The Friend of the Court can only enforce the written order of the court. If your court order does
not mention transferring clothing or other items, try to work it out with the other parent. If that is
unsuccessful, you may file a motion with the court requesting a new order to require the other parent
to transfer clothes or other items along with the child.
The other parent is not following the parenting-time order. What can Ido?
File a written complaint with the Friend of the Court. Your complaint should state facts explaining
how the other parent is not following the order. Some FOCs have a form to file a parenting-time
complaint. Contact your local FOC to find out how to proceed.
It appears the other parent has been drinking or using drugs. Do I have to let the child(ren) go with
that parent for parenting-time?
If you do not follow the court order, you may have to explain, at a ‘show cause’ hearing, why you
should not be held in contempt of court for your decision. This will include explaining why your
decision was in the best interests of the child(ren).
The other parent will not let me call, email or text my child(ren). What can the Friend of the Court do?
The Friend of the Court can only enforce the written order of the court. If your court order does
not provide for telephone calls, emails or texting, try to work it out with the other parent or contact
the Friend of the Court for more information. You may also file a motion asking the court to modify
the order allowing you to be allowed to call, email or text your child(ren).
I think my child is being abused during parenting-time. What should I do?
Report your concerns to the MDHHS Children’s Protective Services (CPS) at (855) 444-3911. In
Wayne County, call (800) 716-2234. The FOC cannot investigate abuse or neglect allegations, nor
can it remove child(ren) from a person; only CPS can do that.
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My child doesn’t want to spend time with the other parent. What can I do?
Parents must obey court orders, regardless of the child’s age and preferences. It is the parent’s
responsibility to promote a positive relationship with the child and the other parent. You may want to
try the following options:
• Work out a different arrangement with the other parent.
• Seek counseling for your child, yourself, or the other parent.
• Contact the Friend of the Court and request ADR.
• File a motion with the court asking for a change in your parenting-time order.
The other parent refuses to see our child(ren). What can the Friend of the Court do?
The FOC cannot force a parent to see his or her child(ren). To promote a positive relationship with
the child(ren) and the other parent, you may wish to consider counseling, ADR, or filing a motion for
change in the parenting-time order.
Support
The Office of Child Support, the Prosecuting Attorney’s office, and the Friend of the Court offices
work together to establish and enforce child support orders. A support order is any court order that
requires a party to pay:
• Child support.
• Spousal support (formally called ‘alimony’).
• Payment of medical, dental and other health care expenses for the child(ren).
• Payment of confinement/birthing expenses (these are the mother’s costs related to the birth).
• Payment of child care expenses.
• Payment of educational expenses.
All support orders state an amount due on the first day of the month. When an order takes effect
on a day other than the first day of a month, the support amount must be prorated for the partial
month. Unless an order gives a specific end date, support will end on the last day of the month
specified by the order. The last month of support will not be prorated to a certain date. Support is
past due if it is not paid by the last day of the month in which it became due.
Changing a Child Support Order
The FOC must review child support orders automatically once every 36 months if the child or the
parent receives public assistance. In other cases, the FOC conducts a review on a party’s written
request, but not more often than once every 36 months, unless the party proves a substantial change
in circumstances. The court can also order the FOC to review support. After reviewing the support,
the FOC will ask the court to change the order if a change is warranted. As part of its review, the
FOC may request information such as a parent’s earnings, details of any health care coverage, tax
refunds, and job or education history.
The FOC will ask the court to change the support payment if the difference between the current
support and the amount determined by the child support formula (using the party’s most recent
income data) is at least 10 percent or $50.00 per month, whichever is greater. If the difference is less
than the minimum threshold, the FOC is not required to request a change.
Merely notifying the FOC that one parent’s financial situation has changed cannot automatically
change the ordered support amount. A party who needs an immediate change in the support amount
should file a court motion requesting the change. The FOC provides forms and instructions for this
type of motion without the assistance of an attorney, but the FOC cannot complete the forms or
motion for the party. A party may also hire an attorney to file a modification motion.
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Child Support Formula
Federal and Michigan law requires that the child support formula be used to determine child
support amounts. A different amount may be used if the Friend of the Court or the judge state the
amount required by the formula and a clear reason in writing or on the record why using the
formula is ‘unjust or inappropriate.’ For more information about the child support formula, see
Facts about the Michigan Child Support Formula (PSA 24) on the Michigan Courts website,
courts.mi.gov.
Support Payments and Procedures
Unless otherwise ordered, support is paid through the Michigan State Disbursement Unit (MiSDU).
When support is received by MiSDU, it must be forwarded to the payee within two business days of
receipt. In most cases, the FOC automatically withholds support from a payer’s wages or other
income. A payer who pays the MiSDU directly should clearly identify the case number with the
payment. Once a year, parties may request the FOC to give them a free support account statement.
Account information is always available through the MiSDU, online through MiChildSupport, or by
calling the FOC office that has the support order. You can reach the MiSDU at 1-877-543-2660.
Statutory Service Fees
Michigan law requires the FOC to charge support payers a $3.50 per month fee.
Surcharge on Overdue Support
The court may order a surcharge as a sanction for failure to pay support.
Support Enforcement
The Friend of the Court is required to begin enforcement action when past due support reaches
more than one month past due of support. This will be done without waiting for a complaint or
request for enforcement. Some enforcement begins immediately, including income withholding and
health insurance coverage.
Enforcement of Support
The Friend of the Court has many options to collect support. They include:
• Income withholding
• Contempt of court
• Income tax intercept
• Passport suspension or denial
• Driver, professional, and recreational license suspension
• Liens on real and personal property
• Credit reporting
Criminal Non-Payment of Support/Felony Charges
Failure to pay child support is now a criminal offense according to federal and Michigan law. The
Friend of the Court does not issue felony charges. Felony charges according to Michigan law are
filed and prosecuted by county prosecutors or the Attorney General. Federal charges are prosecuted
by the United States Attorney’s office.
Child Support Division, Office of the Attorney General
The mission of the Child Support Division is to enforce child support orders by prosecuting those
individuals who have a history of non-payment and have significant arrearages of at least $10,000.
The division focuses on those parents who have the ability to pay their court ordered obligation but
fail to do so.
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Health Care Enforcement
One or both parents may be responsible for providing health care coverage for the child(ren). If a
parent is required to provide coverage, has coverage available through employment, and fails to
provide coverage, the Friend of the Court will send a medical support notice to the parent’s
employer. The employer then is required to enroll the child(ren) in the employee’s health plan and
deduct premiums for the coverage.
Not all health care expenses will be paid by a health care plan. Support orders require each
parent to pay a percentage of remaining health care expenses. The Friend of the Court will assist in
collecting the payments if the following four conditions are satisfied:
(1) The amount exceeds the annual ordinary amount in the order, or the requesting parent is the
support payer.
(2) Requested payment from the other parent within 28 days of receiving an insurance payment
or a determination that the expense is not covered.
(3) Payment was not made within 28 days of the request to the other party.
(4) The Friend of the Court’s assistance is requested within one year of incurring the expense,
within six months of denial of coverage of the expense, or within six months after the other
parent fails to pay as required.
If the Friend of the Court receives a request for help which meets the requirements, the Friend of
the Court must send a copy of the request to the other party, along with notice that, if no objection is
filed within 21 days, the amount will become a support arrearage subject to any enforcement
process. If an objection is filed, the Friend of the Court must schedule a hearing to decide how to pay
the amount the health insurer did not pay.
If health insurance is not provided through the support order, coverage might be available through
other programs. For more information, visit the Michigan Department of Health and Human Services
website at www.michigan.gov/mdhhs.
Intergovernmental Cases
An intergovernmental case is where the child and a parent live in different states, countries, or
Tribal nations. The obligation to pay child support does not end when a party no longer lives in
Michigan. Both parents must notify the FOC whenever they relocate. The support payer must continue
to pay support and the FOC must continue to enforce the court order.
If a support payer no longer resides in Michigan and stops paying as ordered, other states (and
some foreign countries) may enforce the Michigan courts’ support orders. Every state passed the
Uniform Interstate Family Support Act (UIFSA) that allows a court in another state to withhold the
payer’s income, enforce the order, set or modify a support order, or help find the payer’s assets.
Several other countries have agreed to work together in child support matters. Under UIFSA, the state
that issues the original order is the only state that can change the order as long as one of the parties or
a child still lives there. If no party or child still lives in the state that issued the order, the person who
wants it changed must ask the state where the other parent lives to change it. For more information, see
The Uniform Interstate Family Support Act (UIFSA).
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Child Support Questions and Answers
How do I get an order for child support?
Asking the court to establish a child support order must be filed with the court clerk. If both
parties agree to establish support at the amount shown by the formula, they may sign an agreement
(stipulation). Once that agreement is put in the form of a Uniform Support Order, signed by the
judge, and filed with the court clerk, it will become a support order.
Do I need an attorney to get an order for support?
You are not required to have an attorney to file a motion for support, but you will be expected to
understand court rules and state laws if you act on your own. You may find an attorney’s help useful
when filing papers and following specific rules.
Can I receive child support after my child reaches age 18?
Support may continue up to age 19
1
⁄2 if the child “is regularly attending high school on a full-time
basis with a reasonable expectation of graduation while residing on a full-time basis with the payee
of support.” Support orders now include the specific date when support will end.
If I have been paying my child support and the other parent is not allowing me the order’s parenting-
time, do I have to keep paying support?
Yes. Parenting-time and support are separate parts of a court order. Each has enforcement procedures
to be used when that part of the order is disobeyed.
The other parent is not paying support as ordered. What can I do?
Contact the Friend of the Court for enforcement help if the other parent is more than one month
behind on support payments. You may also contact an attorney to start enforcement proceedings.
My court order states I am to pay support through the Michigan State Disbursement Unit. Can I pay
the other parent directly?
No, you will not get credit for payments made directly to the other parent.
Is the Friend of the Court responsible for making sure that child support money is being spent on the
child(ren)?
No. The law does not let FOC investigate how child support payments are being spent. The court
may change custody if you can show that the other parent neglects the child(ren).
Will support be modified if the payer is in jail or prison?
The Friend of the Court is required to review the order within 14 days of learning of a payer’s
incarceration or release from incarceration, and recommend any necessary support changes.
My license was suspended. How can I have it reinstated?
Upon showing you are in compliance with the court’s orders (which may include paying off
arrearages or setting up a payment plan), you must get a Compliance Certificate for License
Reinstatement from the Friend of the Court, and pay a $45.00 fee to the Clerk of the Court.
Who do I contact for more information?
For general child support information, you can visit the Michigan Child Support website. If you
have questions regarding paternity, you can contact your local prosecuting attorney’s office. If you
have questions about your case, you can contact your local FOC office. If you have judicial process
questions, you can contact The State Court Administrative Office, Friend of the Court Bureau, at
(517) 373-5975 or focb-info@courts.mi.gov.
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Miscellaneous FAQs
Change of Domicile/Change of Legal Residence
How do I get the court’s approval to change the child(ren)’s residence?
If a party has joint legal custody with the other parent and does not already live 100 miles
from the other parent, and wishes to relocate over 100 miles away, the parties may agree to a
change of domicile (residence) by signing an agreement (stipulation). Once this agreement is put
in the form of an order and signed by the judge, it will become an order of the court.
If you and the other parent cannot agree upon a change of domicile, you may contact the
other parent and see if he or she will agree to ADR, file a motion on your own, or contact an
attorney to help you file the motion. Notifying the Friend of the Court or filing a motion does not
allow you to move your child(ren). You must obtain a court order approving the move.
Enforcement of Judge’s Verbal Ruling
Why won’t the Friend of the Court enforce what the judge said in court, even if it’s not in the written
order?
The court speaks through its written orders. The Friend of the Court can only enforce the written
order. If you think a court order is different from what the judge said, tell the person who prepared
the order and request a change. You must file a motion with the court to correct the order.
Property Settlement
Can the Friend of the Court enforce the property settlement provisions inmy judgment of divorce?
No, the Friend of the Court has no authority to enforce court property orders.
Access to Friend of the Court Records
Can I review the Friend of the Court file for my case?
Parties and their attorneys are entitled to information in their Friend of the Court records.
There may be exceptions for certain confidential documents. See Michigan Court Rule 3.218.
The Friend of the Court may charge a reasonable fee for copying any records. If the Friend of
the Court denies you access to records regarding your case, you may file a motion with the
court for an order of access.
Access to Other Records
Can I see school, medical, and other records if my child lives with theother parent?
Michigan law gives both parents the right to see certain records or information about his or
her child regardless of the custody arrangement. Included are medical, dental, school records,
day care provider records, and notification of meetings regarding the child’s education. The
Friend of the Court has no authority to enforce this law. You may wish to consult an attorney if
you are denied this right.
Adoptions, Marriages, and Other Acts of Emancipation
What happens to my child support order and any support that may beowed if my minor child is
adopted, marries, or enters the military service?
Upon entry of a court order, child support will stop when children are adopted, marry, or
enter the military service. Copies of adoption orders, marriage records, or military service
records should be provided to the court. Any amounts owed (arrearages) must still be paid.
Contact the Friend of the Court to arrange to pay or collect any money owed.
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Parent Locator
Will the Friend of the Court help find a missing parent?
The state and federal governments have a parent locating service which can be used to locate a
parent to collect child support, to decide or enforce a child custody or parenting-time matter, or to
enforce state or federal law with respect to the unlawful taking or restraint of a child. To use the
parent locator service, the following information is helpful to have available: the full name, date of
birth, and social security number of the missing parent; and the last known address of the missing
parent.
Paternity Establishment
How do I establish my child’s paternity (father)?
A father may establish his paternity by signing an acknowledgement of paternity or by entering a
court order. The Michigan Department of Health and Human Services (MDHHS) and the Prosecuting
Attorney’s (PA) Office work together to establish paternity.
The Federal IV-D Child Support Program
Title Four, Part D of the Social Security Act (IV-D), establishes the federal child support program.
The federal program sets requirements all states must meet to receive federal funding to find missing
parents and their assets and to help parents establish paternity and child support. The federal
program also: provides funding to help parents change orders when appropriate; enforce court
orders for child support, medical support and child care expenses; works with other states to enforce
support; and collects and processes child support payments. For more information please contact the
office of child support at 866-540-0008 or your local MDHHS office. You may also apply online at
www.michigan.gov/michildsupport.
Citizen Advisory Committees
What is the citizen advisory committee and what does it do?
Each county’s board of commissioners or county executive may appoint a citizen advisory
committee (CAC). A CAC advises the county board and chief judge about the duties and
performance of the office of the Friend of the Court and the community’s needs relating to office
services. To find out if your county has an active CAC, please contact your local Friend of the Court.
A CAC may review any filed grievances which complain about Friend of the Court office operations.
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Complaints
Friend of the Court
How do I file a complaint about the Friend of the Court?
The Friend of the Court Act provides a grievance procedure for complaints about Friend of the
Court operations or employees. A grievance may not be used to change a Friend of the Court
recommendation, a referee’s recommendation or a judge’s decision.
You can file a grievance in the following ways:
(1) About FOC office operations or employees
(a) Submitting a grievance form, which you can get from your local Friend of the Court office
or at courts.mi.gov.
(b) Writing a letter to the Friend of the Court clearly identifying your letter as a grievance.
Within 30 days, the Friend of the Court must investigate and respond or issue a statement
explaining why a response is not possible within that time. If you are not satisfied with the
response of the Friend of the Court, you may file the same grievance with the chief circuit
court judge.
(2) About FOC office operations with the Citizen Advisory Committee (CAC)
(a) Grievances filed with the CAC may only concern office operations. Since the committee’s
role is advisory only, it cannot decide the grievance. However, CAC can review,
investigate, and hold hearings on the grievance, reporting its findings on the performance
of the Friend of the Court to the chief judge and the county board of commissioners.
The Friend of the Court grievance procedure ends with the processes just described.
Judge or Referee
How do I file a complaint about the conduct of a judge or referee?
The Judicial Tenure Commission reviews complaints of misconduct by judges or referees. Complaints
concerning your court orders or referee recommendations should not be sent to the Judicial Tenure
Commission. It cannot change the content of a court order or a referee’s recommendation.
If you have a misconduct complaint, contact: Judicial Tenure Commission
Cadillac Place, Suite 8-450
3034 W. Grand Blvd.
Detroit, MI 48202
(313) 875-5110
jtc.courts.mi.gov
Attorney
How do I file a complaint about my attorney?
The Attorney Grievance Commission investigates complaints of misconduct by Michigan attorneys.
If you have a complaint, contact: Attorney Grievance Commission
Buhl Building, Suite 1700
535 Griswold
Detroit, MI 48226
(313) 961-6585
www.agcmi.com
Additional Resources
Your FOC office may have a list of local human service organizations that can help you in ways
that the FOC cannot. The list of agencies below may be able to assist you with your questions.
Michigan Department of Health and Human Services (MDHHS)
235 S. Grand Ave., P.O. Box 30037
Lansing, Michigan 48909
www.michigan.gov/MDHHS
Cash, Food, Medical or Home and Burial Assistance
1-855-275-6424 (1-855-ASK-MICH)
Reporting Abuse/Neglect
1-855-444-3911
Domestic Violence Hotline
1-800-799-7233
Office of Child Support
1-866-540-0008
(Automated System)
MiChildSupport (24-hour case access)
www.michigan.gov/michildsupport
micase.state.mi.us
Michigan State Disbursement Unit (MiSDU)
P.O. Box 30351
Lansing, Michigan 48909
www.misdu.com
Michigan Legal Help
michiganlegalhelp.org
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21
Glossary of Frequently Used Terms
Arrearage— Money which is overdue and unpaid.
Bench Warrant— A court order for the arrest of a person, so that he or she may be brought before
the court.
Child Support— The court-ordered payment of money for a child. Support may include medical,
dental, and other health care expenses, child care expenses, and educational
expenses. Child support can include child care expenses when the child is less than
12 years old.
Contempt of Court— Failure to do what the court orders without a reasonable cause.
Disbursement— Paying out of collected child support funds.
Domestic Relations Action— Any action involving divorce, paternity, custody, parenting-time,
and support is considered a domestic relations action.
Evidence— Proof allowed at a hearing. Evidence may be presented through testimony of witnesses
and by documents, records, and other material.
Friend of the Court— (1) An office of the family division; investigates and makes recommendations to
the court in domestic relations actions involving minor children and enforces orders
of the court. (2) A person; the director of the office.
Joint Custody— An order of the family division which provides: (1) Parents to share in major
decisions affecting their child(ren) (joint legal custody); or (2) Child(ren) will live
with one parent part of the time and the other parent part of the time (joint
physical custody).
Jurisdiction— The power of the court to decide cases before it. This power depends on the type of
case and how closely connected the parties are to the county where the court is located.
Michigan State Disbursement Unit (MiSDU)— A state office which collects and distributes support
payments in accordance with the court’s orders.
Motion—A formal request made in writing to the court. A motion is also sometimes called a petition.
Order—A decision of the court made in writing.
Paternity— Fatherhood; a legal father for a child.
Payee—The person, or agency, to whom support is sent. Also known as a recipient.
Payer—The person who is ordered to pay support. Also known as an obligor.
Public Assistance— Cash assistance (FIP) provided under the social welfare act, medical assistance,
child daycare (CDC), food assistance (FAP) to a parent, or if foster care is or
was provided to a child who is the subject of the case.
Residence— The permanent home to which a person, even when temporarily living elsewhere,
always intends to return.
Show Cause Hearing— A court hearing which is held so that a person can present reasons why
he or she should not be considered in violation of a specific court order.
Also known as a “Contempt of Court” hearing.
Spousal Support— Money ordered to be paid permanently or for a specified period of time to
support a spouse or former spouse.
Statute of Limitations— In civil matters, the time limit on the right to seek relief in court for damages.
Summons— A notice from the court that someone has sued you.
Notes
The information in this publication is available,
upon request, in an alternative, accessible format.
For more information regarding the Michigan Legislature,
scan this QR code with your smartphone.
