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DEPARTMENTS → FRIEND OF THE COURT
Friend of the Court
Friend of the Court - Cyndi Hunt
301 W.
Upton
Reed
City, MI 49677
(231)
832-6131
OSCEOLA COUNTY FRIEND OF THE COURT
This section of the County’s
website provides information about duties and procedures for the friend of the
court, rights and responsibilities of parties in family law matters, and
information about basic court procedures in domestic relations cases.
Family law matters can be difficult and painful. The
family division of the circuit court is responsible for resolving the legal
concerns which affect your family.
Children need both parents. When you cooperate, you
reassure your children that change will be positive. You also build the
foundation for your new parental relationship and responsibilities. Your
children will always want you both to be part of their lives, to attend their
high school or college graduations, to be at their weddings and the birth of
their children, and to be part of other major life events. They want to be able
to say that, despite what mom and dad may have felt toward one another, they
always treated each other with courtesy and respect and never put us (the
children) in the middle of their dispute.
We will do our best to handle your case quickly and fairly.
Please follow the suggestions in this website and you will be well on your way
to doing your part.
ACKNOWLEDGEMENT
Much of the information in the Friend of the Court section of
the website is derived directly from the Friend of the Court handbook.
Copies of the handbook are available at the Friend of the Court office.
DISCLAIMER
Although this website is periodically reviewed and updated to include
information to help answer the most common questions, what follows is not an
exhaustive list of all policies, civil procedure or domestic relation laws. To
ensure you are fully informed it is always advisable you either research your
issue at a public law library or you consult with an attorney. As for the
materials and information made available throughout this website, the Osceola
County Friend of the Court is not responsible for the accuracy, adequacy, or
completeness, or for the results obtained by using them.
Contacts
Osceola County Friend of the
Court Contact Information
Michigan State Disbursement Unit (MiSDU)
Interactive Voice Response Unit (IVR)
Forms: All
forms are PDF documents.
When viewing forms
you must use the "back" button on your browser to return to this page.
If you experience difficulty
downloading any of these forms
please let us
know!
Change in
Personal Information
Complaint
and Notice for
Health-Care Expense Payment
Direct
Deposit Authorization
Long Distance
Parenting Time Schedule
Motion
Regarding Custody
Motion
Regarding Domicile
Motion
Regarding Legal Residence
Motion
Regarding Parenting Time
Motion
Regarding Support
Motion/Stipulation
for Transferring Case
Objection to
Referee’s Recommended Order
Pin Change
Request For
Health Care Expense Payment
Response to Motion Regarding Custody
Response to Motion
Regarding Domicile
Response to
Motion Regarding Legal Residence
Response to Motion Regarding Parenting
Time
Response to Motion
Regarding Support
Standard Parenting Time Schedule
Temporary
Payment Coupon
Publications: All publications are PDF documents. When viewing publications you must use the "back" button
on your browser to return to this page.
If you experience
difficulty downloading any of these publications
please let us
know!
SMILE
Program, Start Making It Livable for Everyone
Uninsured Healthcare Expenses
Brochure
Information
Rights and Responsibilities of Parties
Friend of the Court Duties
Procedures of the Court
Starting a Case
Hearings
Court Orders
Information About Custody, Parenting
Time and Support
Custody
Parenting
Time
Support
Questions Regarding
Miscellaneous Issues
Smile Program
Top Family Law Myths
Complaints
Glossary of Frequently Used Terms
Helpful Links
RIGHTS AND RESPONSIBILITIES
OF THE PARTIES
Each party has
the right to:
-
Request a meeting
with the friend of the court employee investigating a dispute about custody,
parenting time, or support.
-
Request the friend of the court to recommend whether a
support or health insurance order should be modified. See Support
Modification Actions Started by Parties.
-
Expect the friend of the court to perform the duties
required by Michigan statute and court rule.
-
Be treated fairly and courteously by friend of the court
employees.
-
File a grievance with the friend of the court office
concerning an employee or office procedure.
-
Consult with his or her attorney about any questions or
concerns.
-
Proceed in the case without friend of the court
assistance (opt out) if agreed to by the other party and ordered by the court.
Each party has a responsibility to:
● current residential and mailing addresses,
● current employer or source of income’s name, address,
and telephone number,
● current telephone number,
● any occupational or driver’s license held, and the
driver’s license number,
● social security number, unless exempt by law from
disclosing that number,
● current residence of children,
● current information regarding health care coverage
available as a benefit of employment or
maintained by either party (may do so using the
Change in Personal
Information Form).
-
Provide
other information required by law to help the Friend of the Court carry out
its duties.
-
Obey all
court orders.
-
Keep Friend of the Court appointments, or
take the time to cancel or reschedule the appointment.
-
Treat the
Friend of the Court employees courteously.
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. The Friend of the Court has the following duties.
Friend of the court offices have the following duties:
● custody,
● parenting time,
● child
support, medical support, and sometimes spousal support.
-
To offer voluntary mediation services to help settle
disagreements about custody or parenting time.
-
To provide
enforcement services on custody, parenting time, and support orders.
-
In cooperation with the Michigan State Disbursement Unit (MiSDU), to collect,
record, and distribute support payments as
ordered by the court.
-
To help the court enforce orders for custody, parenting time and support.
-
To inform
the parties they may decline Friend of the Court services.
-
To make available standardized court forms that parties may use to file
motions and responses regarding custody, parenting
time and support.
-
To inform parties of the availability of joint custody.
The Friend of the Court has no
authority to do the following:
-
Investigate abuse and neglect.
-
Change an
order.
-
Investigate criminal activity.
-
Give legal
advice to either party.
Together with the Office of Child Support (OCS),
local FOC offices administer all aspects of Michigan’s child support program.
OCS is part of the Michigan Department of Human Services (DHS). OCS administers
the child support requirements of the federal Social Security Act.
OCS also coordinates efforts to
find absent parents, oversees the Michigan State Disbursement Unit (MiSDU), and
manages income tax intercepts and certain other enforcement remedies.
This handbook describes the general
duties of the FOC.
Some specific procedures vary by county. You may discuss any
questions regarding local or statewide procedures or requirements with your
local FOC office or with your attorney.
To become familiar with some
family law and FOC legal terms, please refer to the
glossary at the end of this
publication.
Opting Out of All Services Offered by the FOC
Parties who agree they do not need the
FOC’s services do not have to use them. They may file a joint motion to opt out
and, if the court approves it, the parties then must deal with each other
directly. Before the court may approve a motion to opt out, the parties must
sign and file a document that summarizes the available FOC services and
acknowledges that the parties have chosen not to use those services.
The opt-out motion should be
filed at the same time as the complaint that starts the case. If an opt-out
motion is filed, the court must order the FOC not to open a case file unless one
or more of the following are true:
-
A party is eligible for
(Social Security Act) Title IV-D services (see the
glossary at the end of this
document for a description of
IV-D Services) because the party is receiving or
has applied for public assistance.
-
A party
has applied for IV-D services.
-
A party
has asked the FOC to open a case file.
-
There is
evidence of domestic violence or bargaining inequality, coupled with evidence
that the opt-out request is against the
best interests of a party or the
parties’ child.
Even after the court case has been started and the FOC has opened a file for
that case, the parties may file an opt-out motion requesting the court to order
the FOC to close its file. The court will issue the order unless one or more of
the following are true:
-
A party
objects to the closure.
-
A party
is receiving public assistance.
-
Within the
previous 12 months, a support arrearage has existed or a custody or parenting
time violation has occurred.
-
Within
the previous 12 months, a party has asked the FOC to reopen its case file.
-
There is evidence of
domestic violence or bargaining inequality coupled with evidence that the
request is against the best
interests of a party or the parties’ child.
Parties who “opt out” must assume full responsibility for administering and
enforcing the court’s orders. To assure a proper accounting of support payments
and their consideration in future proceedings, the parties may make support
payments through the MiSDU even after a FOC case file is closed. At any time, a
party can cause the FOC office to reopen its case file by applying for public
assistance or by requesting any service from the FOC.
PROCEDURES OF THE COURT
STARTING A COURT CASE
No court can require a party to
use an attorney. However, anyone who wants to start a court case must follow
the Michigan Court Rules and Michigan Laws. Because most cases involve
difficult legal and factual questions, most people want to be represented by an
attorney.
YOU MAY CONTACT LANSING TO START A CASE VIA THEIR TOLL FREE NUMBER
1-866-540-0008.
Plaintiff's Complaint
Each case begins with the plaintiff (the
person requesting the court’s assistance) filing papers which ask the court to
order something (a complaint) concerning another party (the defendant). Among
the things a complaint may ask the court to do are the following:
-
Grant a divorce.
-
Order child support or spousal support.
-
Establish paternity.
-
Grant an order for custody of a child.
-
Establish parenting time with a child.
Service
The plaintiff must arrange for the defendant to be served with a summons and a
copy of the complaint. The summons tells the defendant to answer the
complaint. Whenever minor children are involved or spousal support is being
requested, a friend of the court informational handbook (this handbook or one
like it) must be given to the defendant, along with the summons and complaint.
Defendant's Answer to Complaint
The defendant usually is allowed 21 days to answer the
complaint. If the defendant does not answer within 21 days, the judge may enter
an order granting the plaintiff’s requests.
HEARINGS
After a complaint and an answer
have been filed, either party may file a motion asking the court to decide the
custody, parenting time, and child support issues. Often the FOC may provide a
type of alternative dispute resolution or conduct an evaluation before the court
makes a decision regarding custody, parenting time, or child support. The court
usually holds a hearing to get the information it needs to decide those issues.
Both parties must be notified of
the time and place of a hearing. This advance notice gives the parties an
opportunity to appear at the hearing and tell the judge or referee what they
think the court should do.
COURT ORDERS
When a court makes a decision,
it must sign a written order summarizing the decision. Someone must prepare the
order. Usually, one of the attorneys prepares the order, but sometimes the judge
prepares it. Either way, an order is not enforceable until a judge signs it and
someone files the signed order with the county clerk. A referee can only
recommend an order and prepare it; the recommended order does not become
enforceable until a judge signs it or until it enters because neither party
objected within a certain amount of time. If you disagree with an order and
want to challenge it, your options include filing a motion for a rehearing (by
the judge who issued the order) or filing an appeal (to a higher court). You
cannot change an order by filing a grievance or by complaining to other
government agencies.
Preliminary Orders
Courts sometimes enter
temporary orders that remain in effect only until the parties have an
opportunity to present more detailed evidence and arguments at a later hearing.
This often happens in divorce cases.
ExParte Orders (temporary orders entered at the request of one party before
any formal hearing).
A judge will enter an ex parte order
without the other party present when the judge believes that serious harm will
occur if the judge defers issuing any orders until the opposing party has the
opportunity to speak with the judge. Ex parte orders usually are intended to
keep the situation stable until the judge can hear from both parties. A party
who disagrees with an ex parte order may file a written objection to the order
or file a motion asking the court to change or cancel the order. Even if an
objection or motion is filed, the ex parte order will remain in effect until it
is changed by the court.
When an ex parte order deals
with custody, parenting time, or child support, the order will include a notice
that a written objection or a motion to change the order may be filed within 14
days. If a party files an objection, the FOC will try to help the parties
settle the dispute without going to court. If the parties cannot agree, the FOC
will provide the forms and instructions that a party who is not represented by
an attorney will need to schedule a court hearing.
Temporary and Final Orders
After the court decides a
motion challenging an ex parte order, it will enter a temporary order with
instructions that the parties must follow until a final judgment order (or a
modified temporary order) is entered.
Orders including judgment orders that deal
with custody, parenting time, and child support can be changed, but only the
court can modify an order; the FOC cannot. Normally, a court will change an
order if both parties have agreed to the change. Otherwise, the court will
modify an order only after one party (or the FOC) files a motion and the court
holds a hearing on the motion.
The parties’ agreement to change a previous
court order will be recognized by the court and the FOC only after the judge
signs and enters a new order that approves the agreement. Merely telling or
writing to tell a FOC employee or a Department of Human Services worker that the
parties have agreed to something cannot change the court’s previous order.
Sometimes, the law requires the FOC to ask the court to change an order. (See
Parenting Time Enforcement and Modification of a Support Order).
Parties’ agreements are only recognized
by the court and the friend of the court when they are entered as an order of
the court. Simply notifying a friend of the court employee or a Department of
Human Resources worker 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. (See Parenting Time Enforcement and Modification of a Support
Order).
Referee Decisions
A referee is an attorney who is appointed by
the chief judge of the circuit court to preside over hearings involving
domestic relations issues. A referee hearing is similar to a hearing before a
judge. The referee’s decision may have immediate effect. A party may file an
objection to a referee’s determination and request a de novo hearing before
the presiding judge. The objection and a request for a hearing must be in
writing and must be filed with the circuit court clerk within 21 days after
the referee’s recommendation is mailed. Objections in Osceola County are filed
using an Objection to Referee's Recommended Order Form.
Reconciliation’s and Dismissals
Not every case ends with 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 with the family division of the
court to request an order to suspend automatic enforcement. Enforcement of a
support obligation cannot be stopped except by court order.
If the parties wish to stop all further
action on a case, they must file a proposed order of dismissal with the court
and provide a copy to the FOC. In that situation, when the State of Michigan
has provided financial assistance to the parties’ children or spouse while the
case was pending, the support payer must pay any previously-ordered child or
spousal support to the State of Michigan. This reimbursement may be less than
the amount of assistance, but it cannot be more. The exact support amount will
depend on how much support the court’s order required. Finally, before the case
may be dismissed, the support payer must pay any amounts owed to the court or
the county. If those requirements are met, the court will sign an order
dismissing the case.
Enforcing Orders When One of the
Parents Leaves Michigan
The obligation to pay child support does
not end when a parent leaves Michigan, even if it is the custodial parent and
the parties’ children who move. Both parents must tell the FOC whenever they
move. The support payer must continue to pay support and the friend of the
court must continue to enforce the court order.
If a support payer leaves Michigan and
stops paying as ordered, there are laws that allow Michigan courts to have their
support orders enforced in other states. For example, every state has passed
the Uniform Interstate Family Support Act (UIFSA), a law that allows one state’s
court to set and enforce support obligations when the parents live in or earn an
income in different states. Under UIFSA, a court in another state may be
required to use its laws to withhold the payer’s income, enforce the order, set
or modify a support order, or assist with finding the payer’s assets. For more
information, see The Uniform Interstate Family Support Act (UIFSA) (PSA
29) located at:
http://www.courts.mi.gov/scao/resources/publications/pamphlets/focb/psa29.pdf
INFORMATION
ABOUT CUSTODY, PARENTING TIME, AND SUPPORT
CUSTODY
There are many different kinds of custody
arrangements. For any arrangement, the court must decide who will make the
major decisions about each child. The court also must decide how much time the
child will spend with each parent.
Parents are encouraged to reach their own
agreements regarding custody. When parents cannot agree, the judge will decide
by analyzing the “best interests of the child” factors listed in the Michigan
Child Custody Act. Those factors will be analyzed at a hearing during which the
parents may present evidence and arguments about each factor.
At either parent’s request, the court must
consider ordering “joint custody,” an arrangement in which both parents
participate in making the major decisions that affect their child. If both
parents agree to a joint custody arrangement, then the court must order it
unless the court determines that joint custody is not in the “best interests of
the child.” The court must state on the record its reasons for granting or
denying the request for joint custody. The court also may consider ordering
joint custody even if neither parent has requested it. A judge who is
considering ordering joint custody must consider both the “best interests”
factors and also whether the parents will be able to cooperate and usually agree
on important decisions affecting their child’s welfare.
If the court determines that a child’s
interests are not adequately represented in the custody proceedings, the court
may appoint a lawyer-guardian ad litem to represent the child in the court
proceedings. If the parties have the ability to pay, the court may require them
to pay the lawyer-guardian ad litem’s fees.
For more information about child custody issues, see
Michigan Custody Guidelines at:
http://courts.michigan.gov/scao/resources/publications/manuals/focb/custodyguideline.pdf
Child Custody Act Factors
-
The love, affection and
other emotional ties existing between the parties involved and the child.
-
The
length of time the child has lived in a stable, satisfactory environment, and
the desirability of maintaining continuity.
-
The capacity and disposition of the parties involved to
give the child love, affection, and guidance and continuation of the
educating
and raising of the child in its religion or creed, if any.
-
The capacity
and disposition of the parties involved to provide the child with food,
clothing, medical care or other remedial care
recognized and permitted under the
laws of this state in place of medical care, and other material needs.
- The permanence as a family unit, of the existing or proposed custodial
home or homes.
-
The moral fitness of the parties involved.
-
The mental
and physical health of the parties involved.
-
The home, school, and community record of the child.
-
The
reasonable preference of the child, if the court deems the child to be
sufficient age to express preference.
-
The willingness and ability of each of the parents to facilitate and encourage a
close and continuing parent- child relationship
between the
child and the other parent.
-
Domestic
violence, regardless of whether the violence is directed against or witnessed by
the child.
-
Any
other factors considered by the court to be relevant to particular child custody
dispute.
Related Forms:
Motion Regarding Custody
Response to Motion Regarding Custody
Child Custody Questions
Both parents may sign an
agreement and present an order to the court. If the judge approves and signs
the consent order, it will then become the new custody order.
You may file the motion on your own, and the FOC will
provide the forms and instructions that you will need. However, the court will
expect you to follow the same rules that an attorney must follow. There are
many complex issues in a custody case and most people prefer to have an attorney
represent them. The FOC cannot file a motion for you, nor can that office
provide you with an attorney or tell you what to say in the motion.
Yes. The FOC provides domestic relations mediation when
there is a custody dispute and both parties agree to participate in mediation.
(See Alternative Dispute Resolution in the
glossary at the end of this
document).
The FOC must:
● Offer mediation services to the parties.
●
If the judge directs, investigate the custody issue and file a
written report and recommendation based upon the “best interests of the child”
factors listed in the Michigan Child Custody Act.
Upon request, and before the court acts on the
recommendation, the FOC must give each party or that party’s attorney a copy of
the report, including the custody recommendation and a summary of the
information used in making the recommendation.
●
You may contact the FOC office and request that it enforce the
order.
●
You may contact your attorney.
●
If you believe the other parent will refuse to return the child, you may
contact the police or the prosecuting attorney and ask either to file a
parental kidnapping charge.
When a child who is a U.S. citizen is illegally kept
outside of this country, the U.S. State Department’s Office of Children’s Issues
will work with the local U.S. embassy and the other country’s government to
assist the child and the lawful custodial parent. However, because child
custody disputes are private legal disputes between the two parents, the State
Department has no jurisdiction to force the other parent to obey a court order.
If the parents cannot reach an agreement, this kind of child custody dispute
often must be resolved by judicial proceedings in the country where the child
and the other parent are living. The State Department will help the lawful
custodial parent file the appropriate documents with the foreign authorities.
It also will monitor and report on the foreign judicial or administrative
proceedings.
You can write to: Department of State, Office of Children’s
Issues, SA-29, 2201 C Street, NW; U.S. Department of State, Washington, DC
20520-2818.
You also may call
1-888-407-4747, fax 202-736-9080, or go to the State Department’s website for foreign travel at
http://travel.state.gov/family/family_1732.html
No, the FOC does not have that authority. Abuse or neglect
should be reported (in the county where the custodial parent and children live)
to the Department of Human Services’ (DHS) Child Protective Services Division.
A judge will consider allegations of abuse or neglect when
making a decision on custody or parenting time. The FOC office has a duty, when
ordered by the court, to conduct custody or parenting time investigation.
Concerns about abuse or neglect should be disclosed to the FOC during this type
of investigation. However, both the judge and the FOC will rely on Child
Protective Services to investigate and evaluate the abuse or neglect
allegations.
When the parents live in different school districts,
Michigan law allows a child to attend a school in either district, regardless of
which parent has custody. When a child regularly resides in two school
districts, which often happens when the parents have true joint custody, the
child may attend school in either or both districts.
PARENTING TIME (previously called visitation)
A parenting time order specifies when a child will spend
time with each parent. During parenting time, that parent is responsible for
all routine decisions affecting the child. The Michigan Child Custody Act
states:
“Parenting 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. If the
parents of a child agree on parenting time terms, the court shall order the
parenting time terms . . . [unless it is shown] that the parenting time terms
are not in the best interests of the child. 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.” (MCL 722.27a)
That statute also lists factors that the judge may consider
when determining the frequency, duration, and type of parenting time. (MCL
722.27a[6]).
Parenting Time Guidelines are posted on the Michigan
Supreme Court’s website at:
http://courts.michigan.gov/scao/resources/publications/manuals/focb/pt_gdlns.pdf
Parenting Time Enforcement by the FOC
The FOC is required to enforce parenting time orders. The
FOC office usually will initiate enforcement action when it receives a written
complaint stating specific facts that show a violation of an order governing
custody or parenting time. However, the FOC may decline to respond for any
of the following reasons:
-
The alleged violation occurred more than 56 days before the
complaint is made.
-
The complaining party has previously made two or more
similar complaints that were found by the court to be unwarranted and
the
complaining party has failed to pay the costs assessed in those prior
proceedings.
The FOC starts enforcement proceedings by sending a copy of
the written complaint to the accused party within 14 days after the FOC office
receives the complaint. If it finds that the court’s order has been violated,
the FOC may suggest “makeup” parenting time, start an action requiring the party
to show cause why the court should not find the party in contempt, file a motion
to modify existing parenting time provisions, schedule mediation, or schedule a
joint meeting with the parties.
Parenting Time Modification
A party may file a motion to change the parenting time
order. The FOC office has printed forms and instructions for filing this type
of motion. You may want to hire an attorney to assist you with the motion.
If both parents agree to change the parenting time
arrangement, they may sign an agreement and present an order to the court. It is
important to remember that, even though the parties have agreed to a change, the
current order remains in effect until the judge signs a new order and it is
filed with the county clerk.
Parenting Time Questions and Answers
An order that grants “reasonable” parenting
time assumes that you and the other parent will agree to a parenting time
schedule that is convenient for both of you and the child.
If you and the other parent
cannot agree on a “reasonable parenting time” schedule you may:
● Ask the other parent to agree to attend mediation with the FOC or
seek counseling (either with you or separately).
●
Ask the FOC to determine whether the order is specific enough to
allow the office to offer assistance.
●
File a motion on your own or contact an attorney.
First, ask the other parent to agree to a
change. If you agree, then both of you should sign the agreement, or otherwise
prove to the court that you agree. The judge usually will sign an order that is
based on the parents’ agreement. Remember that the agreement by itself is not
enforceable; it must first be converted into a new court order.
If you cannot agree on the changes, either
parent may ask the FOC to mediate the dispute. The FOC will provide
mediation services if both parents agree to participate. If no agreement is
possible, you may file a motion asking the court to order a new parenting time
schedule. You may file the motion on your own, or have an attorney file it
for you.
Yes, you must continue to obey the order’s
parenting time provisions. Ask the FOC to enforce the child support
provisions. (see Enforcement Methods).
The FOC can only enforce the court’s
written orders. If your court order does not say anything specific about
transferring clothing or other personal items, try to work it out with the other
parent directly or with help, such as FOC mediation services. If that is
unsuccessful, you may file a motion requesting a new court order that will
require that clothing or other personal items be transferred along with your
child before and after parenting time.
File a written complaint with the FOC. (see
Parenting
Time Enforcement).
That is your decision as a parent. If you
violate the court order in such a situation, you may have to explain your
decision to the court at a “show cause” hearing held to decide whether you
should be held in contempt of court for disobeying the parenting time order.
That will be your opportunity to explain why your decision was in the best
interests of the children. If the judge agrees, you will not be held in
contempt or otherwise punished.
The FOC can only enforce the written orders
of the court. If your court order does not provide for specific telephone call
date and times, try to negotiate an agreement with the other parent. You may
request FOC mediation or other methods of resolution. In addition, you may file
a motion asking the court to modify the order to require that you be allowed to
call your children.
Report your concerns to the Department of
Human Services’ Child Protective Services Division in the county where the
custodial parent and children live. The FOC does not have the authority to
investigate abuse or neglect allegations, nor can it remove children from the
home of a person who commits or allows mistreatment. Only Child Protective
Services can do that.
Parents must obey court orders regardless
of the child’s age and preferences. Each parent must try to promote a positive
relationship between the child and the other parent. You may want to try the
following:
● Work out a different arrangement with the other parent.
● Seek counseling for your child, yourself, or the other parent.
● Contact the FOC and request mediation.
● File a motion asking the court to change your parenting time
order.
The FOC cannot force a parent to see his or
her children. To promote a positive relationship with the children and the
other parent, you may wish to consider counseling, mediation, or filing a motion
to change the parenting time order.
SUPPORT
A support order is any order entered by the family division
which requires the payment of support.
Support may include:
-
Child support.
-
Spousal support.
-
Payment of confinement expenses
(these are the mother’s costs related to the birth).
-
Payment of child care expenses. Payment of educational expenses.
-
Payment of medical, dental, and other health care.
-
Payment of educational expenses.
All support orders must be stated in a
monthly amount which is due on the first day of the month. When an order
takes affect on a day other than the first day of a month, or ends on a day
other than the last day of the month, the support amount must be prorated for
the partial month. Support is past due if it is not paid by the last day
of the month in which it became due.
Support Investigations and Reports
The FOC is required to periodically review
an order’s child support provisions, including health care. The FOC will ask
the court to modify the order if a change is warranted (see
Modification of a
Support Order). As part of this periodic support review, the FOC may
request information from a parent’s employer. That includes things like the
parent’s address, social security number, date of birth, earnings, and the
details of any dependent health care coverage that is available as a benefit of
employment. If a court so directs, the FOC will, in addition to the periodic
reviews summarized above, evaluate the current order’s support provisions and
submit a written report and recommendation to the parents (or their attorneys)
and the judge.
Child Support Formula
Michigan law requires a standard child
support formula to be used to determine how much child support a parent must
pay. That standard formula considers the parents’ incomes, how many children
they have, and other factors. The court may set a support amount that differs
from the formula number, but only if the judge explains in writing or during a
court hearing why the formula number is “unjust or inappropriate”. For more
information about the child support formula, see
AFacts About the
Michigan Child Support Formula@
(PSA 24) which can be found at:
http://courts.michigan.gov/scao/resources/publications/pamphlets/focb/psa24.pdf
More information is available on the Michigan Supreme
Court’s website at:
http://courts.michigan.gov/supremecourt
Support
Payments
Unless otherwise ordered, support is paid
through the friend of the court or the State Disbursement Unit (SDU).
Payments may be mailed to Michigan SDU, P.O. Box 30351, Lansing, MI 48909.
When support received by the SDU sufficiently identifies to
whom the support should be paid, it must be forwarded to the recipient within
two business days of receipt.
Support is normally paid through income
withholding. If you are paying directly, please include your case number
at the time of payment. Do not send cash through the mail.
Once a year, upon written request, the friend of the court
will provide parties with a free statement of their account.
Statutory Service Fees
Michigan law requires the friend of the court to charge the
payer of support a fee for all child support cases. The current fee is $42
per year.
Surcharge on Overdue Support
Surcharges are added on January 1 and July 1 each year.
The surcharge equals the average
interest
rate on money judgments, plus one percent. If the support payer has paid 90
percent or more of the support that was due in the previous six months, no
surcharge will be assessed. The court can also order that no surcharge be
assessed, but a motion must be filed first.
Automatic Support Enforcement
When support payments are more than one month past due, the
FOC must begin enforcement action without waiting for a request for enforcement.
Enforcement Methods
The friend of the court has several methods of collecting
past due support. They include:
The FOC can require the support payer’s employer (or other income source) to
withhold some of the support payer’s income and send the money to the MiSDU.
The payer will be notified when the income withholding is issued. The payer has
a right to challenge the income withholding at an administrative hearing. Also,
the FOC can administratively adjust (usually by increasing) the income
withholding, but the FOC office must first send the payer a notice of
arrearage. The payer can object to the adjustment after receiving the notice of
arrearage.
Most
support orders entered or changed after December 31, 1990, must provide for
income withholding even without a showing that the support payer has missed
payments or is likely to do so. A judge who does not want to require income
withholding must find “good cause” for departing from the general rule. Good
cause exists when:
All
of the following exist:
● The court makes a specific written finding that income withholding is not
in the best interests of the child;
● All previously ordered support has been paid on time; and
● The payer agrees to keep the FOC informed of the name, address, and
telephone number of his/her current source of income, and about any health care
coverage offered by the payer’s employer or coverage that the payer purchases
directly from a health insurer.
Or
● Both parties and the court agree that income withholding will not take
effect immediately because a satisfactory alternative payment arrangement has
been made. Even in this situation, the payer must keep the FOC informed of the
name, address, and telephone number of his/her current source of income, and
about any health care coverage offered by the payer’s employer or coverage that
the payer purchases directly from a health insurer.
If
support is not paid on time, the FOC or a party may begin a contempt action
against the payer. The court will order the payer to appear in court and “show
cause” why the court should not find the payer “in contempt of court.” For more
information about show cause proceedings, see
AShow Cause Proceedings
in Domestic Relations Cases@
(PSA 25) at
http://courts.michigan.gov/scao/resources/publications/pamphlets/focb/psa25.pdf
Enforcement Officers present cases scheduled for
enforcement before a staff attorney or Judge. The Friend of the Court does not
directly represent either party in such a proceeding. The Enforcement Officer
presents information from Friend of the Court records and may make a
recommendation at the hearing. If an agreement is reached, the staff attorney
will prepare an order by consent. If the parties are unable to agree, the Judge
will make the actual decision as to the disposition. The Court may issue a
bench warrant for parties that fail to appear at court ordered hearings and for
failure to comply with prior show cause orders.
If child support is overdue and
the case otherwise satisfies certain statutory requirements, the FOC must
request an income tax “intercept.” In such cases, any tax refund to which the
support payer is entitled will be paid to the FOC, which will apply the money to
pay past due support. For more information about tax intercepts, see
ATax Refund Offset
Program@ (PSA 13)
at
http://courts.michigan.gov/scao/resources/publications/pamphlets/focb/psa13.pdf
If the payer is more than two
months behind on the support payments, the FOC must report the arrearage to a
consumer credit reporting agency and the court may suspend the payer’s driving,
occupational, sporting, or recreational licenses. Also the FOC may place a lien
on the payer’s real and personal property, which then can be sold to pay the
support arrearage. For more information, see: “Friend of the Court
Enforcement of Domestic Relations Orders” (PSA 27) at:
http://courts.michigan.gov/scao/resources/publications/pamphlets/focb/psa27.pdf
and Information About Using Liens To Obtain Past Due Support (PSA 23) at:
http://courts.michigan.gov/scao/resources/publications/pamphlets/focb/psa23.pdf
Under federal and Michigan law,
failing to pay child support may be a felony criminal offense. The FOC
does not have the authority to bring felony charges. Charges based on
Michigan law are filed and prosecuted by county prosecutors or the Attorney
General. Federal charges are filed and prosecuted by the United States
Attorney’s office.
The
court may order one or both parents to provide health insurance coverage for the
children. If the court orders a parent to obtain available health insurance
coverage from an employer and the parent fails to do so, the FOC will send a
medical support notice to the parent’s employer. The employer then must enroll
the employee’s children in the employer’s plan and deduct the premiums from the
employee’s wages.
Some
health care expenses are not covered by typical health care plans. Therefore,
the court’s support order also will require each parent to pay a percentage of
those “noncovered expenses.” As of October 1, 2004, some support orders will
require that some of the noncovered health care expenses be included with the
child support payment and paid in advance. These noncovered expenses are often
referred to as “ordinary health care expenses.” Ordinary health care expenses
include things such as co-payments, deductibles and over-the-counter expenses.
The FOC will help collect the other parent’s share of those noncovered medical
expenses if the following four conditions are satisfied.
● The amount
exceeds the yearly annual ordinary amount in the order or the requesting parent
is the support payer.
● One parent requested payment from the other parent within 28 days after
receiving an insurer’s determination that an expense was not covered.
●
The other parent did not pay within 28 days after the request for payment
was made.
●
The Friend of the Court’s assistance is requested within one year after
incurring the expense, or within six months after the insurer has denied
coverage, or within six months after the other parent failed to pay as required.
If the FOC receives a parent’s
request that meets those four requirements, the FOC will notify the other parent
that, if no objection is filed within 21 days, the unpaid amount will become a
support arrearage and subject to any of the enforcement processes summarized
earlier. If an objection is filed, the FOC must schedule a court hearing
to decide who is responsible for the amount that the health insurer did not pay.
Modification of a Support Order
The FOC will review child support orders automatically once
every 36 months if the child or one of the parents is receiving public
assistance. In other cases, the FOC will conduct a review on written request by
a party, but not more often than once every 36 months. If you need an immediate
change in the support amount because of a change in your income or the other
parent’s income, you should file a court motion requesting the change. Simply
notifying the FOC that one parent’s financial
situation has changed cannot automatically change the ordered support amount.
Threshold for Modification
of the Support Order
The FOC will ask the court to change the required monthly
support payment if the difference between the current support amount and the
amount determined by the standard child support formula (using the parties’ most
recent income data) is at least 10 percent or $25.00 per month, whichever is
less. If the difference between the current support amount and the current
formula amount is less than that minimum threshold, the FOC is not required to
request a change.
Party’s Motion to Modify the Support Order
A party may file a motion to change the support order. The
office of the friend of the court will provide forms and instructions to any
party who wishes to file this type of motion without the assistance of an
attorney. A party may also contact an attorney to file a motion requesting a
change in the amount of support.
Related Forms:
Motion Regarding Support
Response to Motion Regarding
Support
Agreement to Modify the Support Order
If the parties agree to change the support amount to a
different amount determined by the child support formula. Both parents may sign
an agreement and present an order to the court. Once the order is signed by the
judge, and filed with the county clerk, it becomes the new support order.
Retroactive Modification of Support Generally Not Allowed: Exception
Once child support is ordered, a later increase or decrease
in the support amount generally cannot apply to any time period before the
motion for a change was filed. Michigan law recognizes one exception to that
rule: a court may modify support retroactively if a party who has been ordered
to do so has intentionally failed to report an income change to the friend of
the court or has made a report that misrepresented that party’s income.
Support Questions and Answers
If no one has yet commenced a civil lawsuit that raises the
child support issue, you first must file a complaint that includes a request
that the court enter a child support order. If you and the other parent agree
to establish support at the amount determined by the standard child support
formula, you 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 becomes the
court’s support order. If you cannot agree to follow the formula, the judge
will determine the appropriate support amount.
You are not required to have an attorney. However, you may
find that you need an attorney’s help to file the correct papers and otherwise
follow the court rules.
Child support can continue up to age 19 ½ if the child
attends high school on a full-time basis with a reasonable expectation of
completing sufficient credits to graduate and the child continues to reside on a
full-time basis with the person who receives the support payments.
Yes, an order’s parenting time and child support provisions
are enforced separately (see
Parenting Time Enforcement).
Contact the FOC for enforcement help if the other parent is
more than one month behind on the support payments. You may also hire an
attorney to start enforcement proceedings.
No, and you might not receive credit for payments made
directly to the other parent.
No, in that situation, the MiSDU must send any support
payments that it receives from the other parent to the Department of Human
Services to offset the public assistance that you received.
No, the law does not authorize the FOC to investigate how
the custodial parent spends child support payments. However, the court may
change the custody or support arrangements if you can show that the custodial
parent has neglected the children’s needs.
The support amount is determined by the standard child
support formula, which considers the parties’ incomes. The FOC is required to
initiate a review within 14 days of receiving notice that a parent has been
incarcerated or released from incarceration.
QUESTIONS REGARDING
MISCELLANEOUS ISSUES
Change of Domicile/Change of Legal Residence
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.
● Contact the other parent and see if he or she will agree to mediation; or
● File a motion on your own, or contact an attorney to help you file the
motion. (see Domicile/Legal
Residence Factors).
Notifying the friend of the court or filing
a motion does not allow you to move your children farther than allowed by the
order. You must obtain a court order granting a change.
Related Forms:
Motion Regarding Domicile
Response to Motion
Regarding Domicile
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 mediation; or
● File a motion on your own, or contact an attorney to help you file the
motion. (see Domicile/Legal
Residence Factors).
Notifying the friend of the court or filing a motion does
not allow you to move your children farther than allowed by the order. You must
obtain a court order granting a change.
Related Forms:
Motion Regarding Legal
Residence
Response to
Motion Regarding Legal Residence
Domicile/Legal Residence Factors
A
child whose parental custody is governed by court order has, for the purposes of
this section, a legal residence with each parent. Except as otherwise
provided in this section, a parent of a child whose custody is governed by court
order shall not change a
legal residence of
the child to a location that is more than 100 miles from the child's
legal residence at
the time of the commencement of the action in which the order is issued.
A parent's change of a child's
legal residence is
not restricted by subsection (1) if the other parent consents to, or if the
court, after complying with subsection (4), permits, the residence change.
This section does not apply if the order governing the child's custody grants
sole legal custody to 1 of the child's parents.
This section does not apply if, at the time of the commencement of the
action in which the custody order is issued, the child's 2 residences were more
than 100 miles apart. This section does not apply if the
legal residence
change results in the child's 2 legal residences being closer to each other than
before the change.
Before permitting a
legal residence
change otherwise restricted by subsection the court shall consider each of
the following factors, with the child as the primary focus in the court's
deliberations:
-
Whether the
legal residence
change has the capacity to improve the quality of life for both the child and
the relocating parent.
-
The degree to which each parent has complied with,
and utilized his or her time under, a court order governing parenting time
with
the child, and whether the parent's plan to change the child's
legal residence is
inspired by that parent's desire to defeat or
frustrate the parenting time
schedule.
-
The degree to which the court is satisfied that,
if the court permits the
legal residence
change, it is possible to order a
modification of the parenting time schedule
and other arrangements governing the child's schedule in a manner that can
provide
an adequate basis for preserving and fostering the parental relationship
between the child and each parent; and whether each
parent is likely to comply
with the modification.
-
The extent to which the parent opposing the
legal residence
change is motivated by a desire to secure a financial advantage with
respect to
a support obligation.
-
Domestic violence, regardless of whether the violence was directed against or
witnessed by the child.
Each order determining or modifying custody or parenting time of a child
shall include a provision stating the parent's agreement as to how a change in
either of the child's legal residences will be handled. If such a
provision is included in the order and a child's
legal residence change is done in
compliance with that provision, this section does not apply. If the
parents do not agree on such a provision, the court shall include in the order
the following provision: “A parent whose custody or parenting time of a child is
governed by this order shall not change the
legal residence of the child except in
compliance with section 11 of the “Child Custody Act of 1970”, 1970 PA 91, MCL
722.31.”.
If this
section applies to a change of a child's
legal residence and
the parent seeking to change that
legal residence
needs to seek a safe location from the threat of domestic violence, the parent
may move to such a location with the child until the court makes a determination
under this section.
Enforcement of Judge’s
Verbal Ruling
The FOC’s authority is
limited to enforcing written orders. If you think a written order does
not say what the judge said in court, first tell the person who prepared the
order and request a change. If necessary, you can file a motion that asks the
court to correct the order.
Property Settlement
No, the FOC has no authority to
enforce the court’s property-division order. The court itself will enforce that
order. If the other party does not comply with an order, you may file a motion
asking the court to enforce the order.
Access to Friend of the Court Records
Parties and their
attorneys are entitled to see most of the information in their FOC file. There
are exceptions for certain confidential documents. See Michigan Court Rule
3.218. The FOC may charge a reasonable fee for copying records.
A FOC file is not public information.
Access to Other Records
Michigan law gives both parents the right
to see certain records, regardless of the custody arrangement, including
medical, dental, school, and day-care records. In addition, both parents are
entitled to receive advance notice of meetings that concern their child’s
education. However, the FOC cannot enforce that law. You may wish to consult
an attorney if you are denied any of those rights.
Adoptions, Marriages and Other Acts of Emancipation.
When any of those “emancipating events”
occur, the court will grant a motion ending the obligation to pay further child
support. Copies of adoption orders, marriage records, or military service
records should be provided to the court. Any overdue support must still be
paid.
Yes, the state and federal governments have a parent
locater service that may be used to locate a parent for any of the following purposes:
● Collect
child support.
● Obtain a court order on child custody or parenting time matter, or
enforce an existing order of either type.
● Enforce state or federal law prohibiting the unlawful taking or restraint
of a child.
When using
the parent locator service, the following information is very helpful:
● The
missing parent’s full name, date of birth, and social security number.
● The missing parent’s last known
address.
● Services or their designees.
TOP
FAMILY LAW MYTHS
Fact: The preference of a child is
one of twelve factors when considering a custody change. The age and maturity of
a child may be considered by the court when considering a custodial change.
Fact: Joint physical custody may result in an
array of parenting time arrangements to fit the needs of child/ren and support
is calculated accordingly.
Fact: There is no child support amount attached to each child. The
child support guidelines calculates child support
based
on each parent’s actual income or the ability to earn income.
Fact: Child Support and Parenting Time are
considered separate issues for enforcement purposes.
Fact: The prosecuting attorney may file a petition
to terminate parental rights in cases of severe abuse and neglect, however a
parent cannot sign a document that releases his/her responsibility to support
the child.
Fact: There is no law that mandates the recipient
of support account for how he/she spends the support money.
Fact: Child support can only be modified by either
filing a petition or requesting a review of support if it has been three years
since the last review of support.
Fact: Reporting of information must be done in
writing directly to the Friend of the Court office.
Fact: Direct payments are considered gifts and will
not be credited against your support account unless a signed written request to
forgive such money is sent to the FOC by the recipient of support.
Fact: To modify a court order regarding child
support, a petition must be filed or a written request to review support must be
made if it has been three years since the last support review.
Fact: Child support must be paid on a monthly basis.
Intercepted taxes may take up to six months to be applied to the account.
Fact: The court order regarding parenting time must
be adhered to. The custodial parent is responsible for ensuring the child
follows the court ordered parenting time and risks being in contempt of court if
the order is disobeyed.
Fact: If a payer of support quits a job, the court
may view the act as an unexercised ability to earn income and refuse to modify
the support amount.
Fact: Child support must continue to be paid on a monthly basis even though
the children may be residing with the payer of support. Most orders
entered into prior to October 1, 2008 allow
for the payer of support to get a 50% retroactive abatement when the child
spends six or more consecutive overnights.
Fact: Child support will continue to charge and FOC will enforce support
until the order is modified by the court.
Fact: The FOC will continue to enforce the
parenting time until the order is modified by the court.
Fact: The Friend of the Court will continue to
enforce the parenting time and child support order until the order is modified
by the court. A petition must be filed to modify the court order.
Fact: Each parent decides what activities the
child participates in, if any, during his/her parenting time.
Fact: If the child is residing with the payer of
support on a permanent full time basis, the child support may be abated to
reflect this change, but custody will not change until a petition is filed to
modify the order.
What is SMILE?
It is an educational program for divorced/separated parents with minor
children. It provides information to help parents better the effects of
divorce/separation. It assists parents to understand the needs of their
children. It helps parents learn what they can do to create a nurturing
environment so their children can cope with the divorce/separation and feel good
about themselves. It provides information to prevent destructive game playing
that is very common among divorced/separated couples and their children. It
helps parents gain problem solving skills. It lets parents know they are not
alone. It allows parents an opportunity to learn the functions the Friend
of the Court provides. It provides information regarding custody,
parenting time and child support.
Why is SMILE important?
Separation and divorce is a process over which
children have no control. Children should not be its victims. When parents are
under stress, it is harder to be in touch with their children’s pain and
anguish. It takes time, effort and planning on the part of the parents to
provide for the children’s needs. In the crisis of divorce/separation, parents
may put the children on hold while they attend to adult problems first.
Sometimes divorced/separated parents find their roles and expectations are
undefined and cloudy. If handled properly, divorce/separation need not be
devastating for children.
Smile
Program Handbook You can view and print the SMILE
Program Handbook from this link. Takes approximately one minute to
download at 56k.
2010 Dates
|
DATE |
TIME |
LOCATION |
|
January 19, 2010 |
6-8 p.m. |
Green Charter Township Hall |
|
February 16, 2010 |
2-4 p.m. |
Green Charter Township Hall |
|
March 16, 2010 |
6-8 p.m. |
Green Charter Township Hall |
|
April 20, 2010 |
2-4 p.m. |
Green Charter Township Hall |
|
May 18, 2010 |
6-8 p.m. |
Green Charter Township
Hall |
| June
15, 2010 |
2-4 p.m. |
Green Charter Township
Hall |
|
July 20, 2010 |
6-8 p.m. |
Green Charter Township Hall |
|
August 17, 2010
|
2-4 p.m. |
Mecosta County Courthouse
Conference Room B |
|
September 21, 2010 |
6-8 p.m. |
Mecosta County Courthouse
Conference Room B |
|
October 19, 2010 |
2-4 p.m. |
Mecosta County Courthouse
Conference Room B |
|
November 16, 2010 |
6-8 p.m. |
Green Charter Township Hall |
|
December 21, 2010 |
2-4 p.m. |
Green Charter Township Hall |
Cost:
Free
Location:
Green Charter Township Hall or Mecosta County
Courthouse depending on the date. Refer to the chart above.
Green Township Hall
Mecosta County Courthouse
21431 Northland Drive
400 Elm St.
Paris, MI 49338
Big Rapids, MI
(see map below)
The SMILE program also offers information about
CUSTODY, PARENTING TIME and CHILD SUPPORT
Come find out
the answers to these questions, and more…
-
Is there a certain age in
Michigan when a child gets to decide where he/she wants to live?
-
If we share the child equally,
isn’t it true that no one will have to pay child support?
-
If we each have a child living
with us, wouldn’t that mean that neither of us would pay support?
-
Can I sign off my parental
rights?
-
Do I still have to pay support if
I’m not seeing my child?
-
Can I request to find out how my
child support money I pay is being spent?
-
Will my support go down when I'm
unemployed?
-
Do I still have to send the child
if the other parent is not paying child support?
-
Can I can
make support payments directly to my ex?
-
Why does FOC have a case for us
if we’re together? What happens if we get married?
-
Why does FOC have a case for us
if we’re together? What happens if we get married?
-
When do kids decide if they will
go on parenting time?
-
What things can I control when
the children spend time with the other parent?
-
What happens if we’ve worked
everything out on our own?
-
Does my ex have to take our child
to extracurricular activities?
-
What do I do if my ex refuses to
send the children?
-
Can both parents take the child
to the doctor?
Friend of the Court
The Friend of the Court Act
includes a grievance process. You may use it to complain about an FOC office’s
operations or employees. A grievance may not be used to change the friend
of the court’s recommendation in your case, or to challenge a referee’s
recommendation or a judge’s decision. Depending on the subject of your
grievance and when you file it, you will receive a response from the FOC, the
chief judge, or the local citizen advisory committee.
You can file a grievance in two
ways:
● You may file a grievance about the FOC office’s operations or employees with the
local FOC office. You should use a grievance form that you can get from your
local FOC office or from the Michigan’s One Court of Justice website at:
http://courts.michigan.gov/scao/courtforms/domesticrelations/focgeneral/foc1a.pdf
Within 30 days, the FOC must investigate
your grievance and respond in writing or explain why a response cannot be
provided within that time. If you are not satisfied with the FOC’s
response, you may file the same grievance with the chief circuit court judge.
● You may file a grievance about office operations with the citizen
advisory committee.
Grievances filed
with the citizen advisory committee may complain about only the friend of the
court’s office operations, not individual employees. Since the committee’s role
is advisory, it cannot decide the grievance. However, if the committee or
subcommittee is reviewing, investigating, or holding a hearing on a grievance,
the meeting will be closed to the public. After the committee or subcommittee
meets, it then can report its findings to the chief judge and the county board
of commissioners.
Court Order
If you are represented,
discuss your legal options with your attorney. Options include filing a
motion for a rehearing or filing an appeal. Orders are not changed under
the grievance procedure or by complaints to other government agencies
Judge or Referee
The Judicial Tenure Commission reviews
complaints that allege misconduct by judges or referees. The Commission can
recommend that the Michigan Supreme Court discipline a judge or referee who has
acted unethically. However, the Commission is not a court; that means that it
cannot change a court order or a referee’s recommendation. To obtain that
relief, you must either seek rehearing by the same court or file an appeal.
If you wish to file a complaint
about misconduct by a judge or referee, contact:
Judicial Tenure
Commission
Cadillac Place, Ste 8-450
3034 W. Grand Blvd.
Detroit, Michigan 48202
(313) 875-5110
Attorney
The Attorney Grievance Commission investigates complaints
of misconduct by Michigan attorneys. If you wish to file a complaint (called a
“request for investigation”), contact:
Attorney Grievance
Commission
Marquette
Building, Suite 256
243 West Congress
Street
Detroit, Michigan
48226
(313) 961-6585
Other Local Human Services Agencies
Your local FOC office may be able to provide a list of local human
service organizations that can assist you in ways that the FOC cannot.
GLOSSARY OF FREQUENTLY USED TERMS
Abatement:
A reduction in child support based on the order (commonly 50% for
six or more consecutive overnights).
Adjournment: Postponing or putting off a case or
session of court until another time or place.
Affidavit: A written
statement of fact that is verified by oath or affirmation.
Alimony: See spousal
support.
Alternative Dispute
Resolution (ADR): Alternative methods to help people resolve legal
problems before going to court. ADR involves an independent third person,
called a "neutral" who tries to help resolve or narrow the areas of conflict.
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.
Chief Judge: In courts
with two or more judges, one judge is selected as chief judge. The chief judge
is the director of the administration of the court.
Contiguous: Being in
actual contact; touching along a boundary or at a point.
Domestic Relations Action:
Any action involving divorce, paternity, custody, parenting time, and support is
considered a domestic relations action.
Domicile: The permanent
home to which a person, when absent, always intends to return.
Evidence: The testimony of a witness, documents, or
other items presented to a court to prove a fact.
Department of Human Services (DHS): The state
agency that provides public assistance to families. The Child Protective
Services and the Office of Child Support are divisions of DHS.
Family Division of Circuit Court: The division of
the circuit court responsible for hearing cases about families and their
children. The family division hears domestic relations matters, as well as
juvenile matters formerly heard by the probate court.
Friend of the Court: In this website, depending on
the context, “friend of the court” usually means an office that assists the
circuit court’s family division. The office investigates, makes recommendations
and helps enforce orders that affect minor children. “Friend of the Court” also
is the formal title of the person in charge of that office.
Grievance: A formal
complaint filed for reason of unsatisfactory compliance with specified
regulations.
Hearsay: A statement
made by a person who is not in court, which is repeated in court to prove a
fact. Most hearsay evidence is not allowed as evidence in court.
Joint Custody: An order of the family division
which provides:
1. Parents will share in major
decisions affecting their children (joint legal custody); or
2. Children 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.
Legal Residence: A child
whose parental custody is governed by court order has a legal residence with
each parent.
Motion: A formal request
made in writing to the court. A motion is sometimes called a petition.
Order: The written and
signed decision of the court.
Party: A person legally
involved in a particular action.
Payee: The person, or
agency, to whom support is sent. Also known as recipient.
Payer: The person who is
ordered to pay support. Also known as an obligor.
Petition: See motion.
Pleadings: Papers filed
by a party in a lawsuit stating claims against the other party, or the other
party’s defenses to those claims.
Reconciliation: When
parties to a domestic relations action are attempting to work out their
differences and remain as a family unit.
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.
State Disbursement Unit:
A state office which collects and distributes support payments in accordance
with the court’s orders.
Statute of Limitations:
In civil matters, the time limit on the right to seek relief in court for
damages.
TANF: Temporary
Assistance for Needy Families. Replaced Aid to Families with Dependent Children
(AFDC or ADC). In Michigan, known as Financial Independence Program (FIP).
Testimony: The statement
of a witness under oath which is given as evidence.
Transcript: A word for
word record of proceedings at a hearing.
Waive: To give up a
right, claim or privilege.
Witness: One who
testifies to what (s)he has seen, heard, or otherwise observed.
HELPFUL LINKS
Michigan Office of Child Support
Department of Human Services
State Court Administrators Office
Federal Office of Child Support Enforcement
Michigan State Disbursement Unit
Friend of the Court Handbook
Smile Program Handbook
DISCLAIMER
Although this website is periodically reviewed and updated to include
information to help answer the most common questions, what follows is not an
exhaustive list of all policies, civil procedure or domestic relation laws. To
ensure you are fully informed it is always advisable you either research your
issue at a public law library or you consult with an attorney. As for the
materials and information made available throughout this website, the Osceola
County Friend of the Court is not responsible for the accuracy, adequacy, or
completeness, or for the results obtained by using them.
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