Custody Questions and Answers
Can a custody order be changed if both parents agree?
If both parents agree on a proposed change, they may sign an agreement ("stipulation for entry of a consent order") and request the judge's approval. If the judge signs the proposed consent order, it will then become the new custody order.
Do I need an attorney to file a motion to change custody?
No. You may file the motion on your own, and the FOC will provide the forms and instructions that you will need. 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 our office provide you with an attorney or tell you what to say in the motion.
Can the friend of the court assist parties in reaching an agreement regarding custody?
Yes. The friend of the court provides domestic relations mediation when there is a custody dispute and both parties agree to participate in mediation.
If a motion for custody has been filed, and the parents cannot reach an agreement on their own, what will the fried of the court do?
The FOC must:
- Offer ADR services to the parties.
- If there has been a change in circumstances and the judge directs, investigate the custody issues and file a written report and recommendation based upon the "best interests of the child" factors listed in the Michigan Child Custody Act. parties should work to resolve their issues before filing a motion.
May I receive a copy of the FOC's custody report and recommendation?
Yes. 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.
Is there a cost for the custody investigation?
There could be a cost to the parties if the parties request the investigation.
What happens if I have custody according to the court's order, but the other parent does not return the child to me as required by the order?
- You may contact the FOC office and request that it initiate enforcement.
- You may file a motion, with or without an attorney, and ask the court to enforce the order.
- 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.
How do I enforce the custody order if the other parent takes our child to another country?
When a child who is a United States citizen is illegally kept outside of this country, the United States 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 foreighn judicial or administrative proceedings.
A parent may contact the Office of Children's Issues at the United State Department of State, in writing, at the following address: Department of State, Office of Children's Issues, SA-29, 2201 C Street, NW; U.S. Department of State, Washington, DC 20520-2818.
The Office of Children's Issues can be reached by phone at 1-888-407-4747, by fax 202-736-9080, or at the state department's website for foreign travel at http://travel.state.gov/family/family_1732.html
Is the FOC allowed to investigate child abuse or neglect?
The FOC does not have authority to investigate abuse or neglect. Abuse or neglect should be reported to the Child Protective Services (CPS) division of the Departmentof Human Services (DHS) in the county where the children live.
A judge may consider allegations of abuse or neglect when making a decision regarding custody or parenting time. A party should inform the FOC of any concerns abou that abuse or neglect if the FOC is doing a cusotdy or parenting-time investigation. Both the judge and the FOC will rely on Child Protective Services to investigate and evaluate the abuse or neglect allegations.
May my child enroll in my local school, even though the child lives in another school district with the other parent most of the time?
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.
Parenting Time Modification Questions and Answers
My order for parenting time states I will have "reasonable" parenting time. What does this mean?
An order that grants "reasonable" parenting time allows you and the other parent to negotiate a parenting time schedule that is convenient for both of you. Parents may agree to almost any schedule that is consistent with the best intersts of each child and the overall family situation.
If you and the other parent cannot agree on a "reasonable" schedule of parenting time, you have the following options:
- Ask the other parent to agree to attend a joint meeting with the friend of the court, to participate in mediation, or to seek counseling, (either with you or separately.) With help from one of those neutral parties, you and the other parent may be able to agree on a parenting time schedule.
- File a motion on your own or contact an attorney.
My order lays out a specific parenting time schedule. I would like to change that schedule. What can I do?
First, ask the other parent to agree to a change. If you both agree, the proposed change and reasons for it may be presented to the court a proposed new court order. The judge almost always 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 the parents cannot agree on the changes, either may ask the friend of the court to mediate their negotiations. The friend of the court 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.
The other parent is not making the child support payments required by our court order. Do I have to allow parenting time?
Yes. You must continue to obey the order's parenting time provisions. Ask the friend of the court to enforce the child support provisions.
The other parent is not sending or returning clothing or other personal items that our child uses during parenting time. Can the FOC do something about that?
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. 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 you child before and after parenting time.
The other parent is not obeying the parenting time order. What can I do?
File a written complaint with the friend of the court within 56 days of the incident. The FOC has parenting time complaint forms available at the office and on this website under "forms".
If I think that the other parent is under the influence of alcohol or drugs do I have to let the children go with that other parent for scheduled parenting time?
This 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 other parent will not let me telephone my children. What can the friend of the court do?
The friend of the court can only enforce the written orders of the court. If your court order does not provide for telephone calls, try to negotiate an agreement with the other parent. You may request friend of the court mediation or other methods of resolution. If that is unsuccessful, you may file a motion asking the court to modify the order's parenting time provisions to require that you be allowed to call your children.
I think that my child is being abused during parenting time spent with the other parent. What should I do?
Report your concerns to the Protective Services unit of the Department of Human Services. The friend of the court office 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 Protective Services can take those actions.
My child does not want to spend time with the other parent. What can I do?
Parent 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, and/or suggest that the other parent does the same.
- Contact the FOC and request mediation.
- File a motion asking the court to change your parenting-time order.
The other parent refuses to see our children. What can the friend of the court do?
The friend of the court 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 the change the parenting time order.
Child Support Questions and Answers
The Michigan Child Support Formula
Michigan law requires a child support formula be used to determine how much child support a parent must pay. That formula considers the parents' incomes and other factors. The court may set a different support amount, 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 Facts about the Michigan child Support Formula (PSA 24) 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/scao/services/focb/mcsf.htm
Support Payment Procedure
Unless otherwise ordered, support payers must make their payments to the Michigan State Disbursement Unit (MiSDU). When a payemtn received by the MiSDU sufficiently identifies the person to whom the support should be paid, the MiSDU must forward the money to the recipient within two business days.
In most cases, support payments are automatically withheld from a payer's wages. A payer who pays the MiSDU directly should clearly identify the case number with the payment. Do not send cash through the mail.
Once a year, upon a written request, the FOC will give the parties a free statement of their support account.
Information reqgarding a support account is available through the MiSDU or online through MiCase. A Party may also call the office that has the support order. You may contact MiSDU by dialing our IVR number (517-264-4708) and pressing #1, then #4 to reach the MiSDU line and choose to speak to an MiSDU representative. MiCase is available on our website here:
http://www.lenawee.mi.us/friend_of_the_court/index.html
Statutory Service Fees
Michigan law requires the FOC to charge the support payer a service fee, currently $3.50 per month. Federal law requires the FOC to charge the support payer a federal service fee, currently $25.00 per fiscal year.
Surcharge on Overdue Support (Arrears)
Some overdue support cases have surcharges added. a surcharge is fully enforceable as support.
Automatic surcharges were eliminated in 2010. Previously assessed surcharges are not forgiven, and are still enforceable: however there will be no further automatic surcharge amounts. Starting on January 1, 2011, the court may order a surcharge as a sanction for failure to pay support.
Automatic Support Enforcement
When support payemtns are more than one month past due, the FOC must begin enforcement action without waiting for a request for enforcement. Some enforcement begins immediately following entry of an order, including income withholding and enforcement of health insurance ocoverage.
Enforcement Methods
The FOC has several methods of collecting past due support. They include:
The FOC can require the support payer's employer (or other income source) to withhld some of the support payer's income and send the money to teh MiSDU. The payer will be notified before the income withholding starts by receivinga copy of the income withholding notice. The FOC can administratively adjust (usually by increasing) the income withholding if there is an arrearage on the case, 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. The withheld amount cannot exceed 50 percent of the payer's disposable earnings.
Support orders must provide for income withholding even without a showing that the support payer has missed payments or is likely to do so. A court may not require incomew withholding only if it finds "good cause" for departing from the general rule. Good cause exists when all the following exist:
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The court makes a specific written finding that income withholding is not in the best interests of the child;
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All previously ordered support has been paid on time; and
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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 employr or coverage that the payer purchases directly from a health insurer.
If "good cause" is not found, the parties can still request that an income withholding not be put in place. Both parties and the court can agree that the income withholding will not take effect immediately because a satsifactory alternative payment arrangment 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 form 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." If you fail to appear for a show-cause hearing, the court may issue a bench warrant for your arrest. If you are found in contempt of court, the penalties may include a fine up to $250.00, suspension of licenses, and/or jail time of up to 45 days (90 days for a second offense.)
For more information about show-cause proceedings, see Show Cause Proceedings in Domestic Relations Cases (PSA 25) at
http://courts.michigan.gov/scao/resources/publications/pamphlets/focb/psa25.pdf
If child support is overdue and the case otherwise satisfies federal and state 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 pay past due support. For more information about tax intercepts, see Tax 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. The court may also suspend the payer's driving, occupational, sporting, and/or recreational licenses. Also, the FOC may place a lien on the payer's real and personl 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/publication/pamphlets/focb/psa23.pdf
Federal and Michigan law make failure to pay child support a criminal offense. The FOC does not bring felony charges. Charges based on Michigan law are filed and prosecuted by county prosectuors or the Attorney General. Federal charges are 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. According to the Michigan Child Support Formula, a reasonable cost for providing private health care coverage for the children does not exceed five percent of the providing parent's gross income.
The FOC will help collect the other parent's share of extraordinary medical expenses (the support recipient's out-of-pocket expenses that exceed the children's ordered annual ordinary medical expense amount and any uninsureed medical expense paid by the support payer) if the following four conditions are satisfied:
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The amount exceeds the annual ordinary amount in the order, or the requesting parent is the support payer.
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One parent requested payment from the other parent within 28 days after receiving an insurer's determination that an expense was not covered.
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The other parent did not pay within 28 days of the request for payment.
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The FOC'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 if filed, the FOC must schedule a court hearing to decide who is responsible for the amount that the health insurer did not pay.
If health insurance is not provided through the support order, coverage might be available through MI-Child or Medicaid programs. find more information about Medicaid programs online at: http://michigan.gov/dhs/0,1607,7-124-5453_5530-20591--,00.html
How do I get an order for child support?
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. The next step is to file a motion asking the court to enter a child support order. The motion must be filed with the court clerk. In Lenawee County, the motion/complaint is referred to the Friend of the Court unless parties have previously agreed to opt out of the friend of the court services. In most situations, the friend of the court establishes the first support recommendation. Once approved by the court, the recommendation then becomes a temporary order and awaits final judgment. Lenawee FOC Financial Intake staff are required to use the Michigan Guidelines for Support in making their recommendations. You may access the Michigan Guidelines for Support through the Michigan Courts/Friend of the Court Bureau webiste.
Do I need an attorney to get a support order?
No, but you are expected to understand court rules and state laws if you act on your own.
May I receive child support after my child reaches age 18?
Child support can continue up to age 19 1/2 if the child attends high school on a full-time basis with the 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.
If I have been paying child support as required by the court's order but the custodial parent will not allow me the parenting time required by that order, do I have to keep paying support?
Yes. An order's parenting time and child support provisions are enforced separately.
The other parent is not paying child support as ordered. What can I do?
Contact your friend of the court enforcement officer for enforcement of the support order if the other parent is more than one month behind on the support payments. You may also choose to hire an attorney to start enforcement proceedings.
My court order says to pay support through the friend of the court or the Michigan State Disbursement Unit. May I pay the other parent directly?
No, not unless your order specifically allows direct payments. If it does not, you might not receive credit for payments made directly to the other parent.
If I am receiving Temporary Assistance for Needy Families (TANF) or Family Independence Program (FIP) public assistance, may I also receive child support?
All child support payments must be routed through the MiSDU, which sends the payment to the state. The state may pass through some of that child support directly to you.
Will the friend of the court make sure that child support money is spent on the children?
No. The law does not authorize the friend of the court to verify how child support payments are spent by the custodial parent. However, the court may change the custody or support arrangements if you can show that the custodial parent has neglected the children's needs.
Miscellaneous Issues
How do I get the court's approval to change the children's residence to a place not allowed by my current order?
Parties may agree to a change of residence (domicile) by signing an agreement (stipulation). This stipulation must be put in the form of an order and signed by the judge. It then becomes an order of the court. If you and the other parent cannot agree on the proposed change of domicile, you may:
- Try mediation through the friend of the court; or
- File a motion that asks the court to enter an order approving the change.
Notifying the friend of the court that you intend to move the children (or merely filing a motion requesting the court's approval) does not allow you to move your children. You must obtain a court order approving the move.
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 friend of the court's authority is limited to enforcing WRITTEN court 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.
Can the friend of the court enforce property settlement provisions in my judgment of divorce?
No. The friend of the court has no authority to enforce the court's property-division order. The court will enforce its own order. If the other party does not comply with an order, you may file a motion asking the court to enforce the order.
May I review the FOC file for my case?
Parties and their attorneys are entitled to see most of the information in their FOC file. there are exceptions for certain confidential documents. See MCR 3.218. The FOC may charge a reasonable fee for copying records.
If the FOC office will not let you see its file, you may file a motion asking the court to intervene on your behalf to allow access.
May other persons see my FOC file?
An FOC file is not public information. However, MCR 3.218 provides access to FOC files for certain individuals or agencies.
May I see my child's school, medical, and other records if my child lives with the other parent?
Michigan law gives both parents the right to see certain records regardless of the custody arrangement. That includes medical, dental, school, and the day care records. In addition, both parents are entitled to receive advance notice of meetings that concern their child's education.
However the friend of the court cannot enforce that law. You may wish to consult an attorney if you are denied any of those rights.
How do I file a complaint about the friend of the court?
The Friend of the Court Act includes a grievance process. You may use it to complain about a friend of the court office's operations or employee. [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 friend of the court or the chief judge.
You can file a grievance about the office's operations or employees with your friend of the court office. You should use a grievance form that you can get from your local friend of the court office or from the Michigan's One Court of Justice website at http://www.courts.mi.gov/
Within 30 days, the friend of the court 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 friend of the court's response, you may file the same grievance with the chief circuit court judge.
What happens to my child support order if my child is adopted, marries, or enters the military service?
When any of these 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.
Will the FOC help find a missing parent?
Yes. The state and federal goverments have a parent locator service that my be used to locate a parent for any of the following purposes:
- To collect child support.
- To obtain a court order on a child custody or parenting-time matter, or enforce and existing order of either type.
- To 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.