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Bench Warrant FAQ Sheet
Child Support Payment FAQ Sheet
HOW ARE MY PAYMENT DISTRIBUTED?
Federal regulations require that payments all go first to the current monthly support obligation owed to the custodial parent. Once the monthly obligation is met (amount of weekly support multiplied by 4.35) then the balance is distributed in this order until each is paid in full: payee arrearage, state arrearage, confinement, blood tests, service fees, court costs. The exception to this rule is Federal Tax money, which pays money owed to the State first.
HOW CAN I STOP MY CHILD SUPPORT PAYMENTS?
Only by Court Order which can be obtained by filing a pro per motion, requesting a support review or by consulting with an attorney of your choice.
WHAT DO I HAVE TO DO IF MY CHILD IS NOW LIVING WITH ME?
If there has been a change in custody and you pay support, you may want to modify your order. You may do so by filing a pro per motion and in the meantime file for visitation abatement, by providing exact dates in writing, if your order allows.
HOW CAN THE AMOUNT OF SUPPORT I PAY BE CHANGED?
You may request a change in your support order:
3) By using an attorney of your choice.
WHY HAVEN'T I RECEIVED A PAYMENT?
You can receive payment information by calling (877) 543-2660 for the 24-hour automated system or by calling the FOC Office at (269) 969-6500.
IF I HAVE BEEN PAYING MY CHILD SUPPORT AND THE CUSTODIAL PARENT IS NOT ALLOWING PARENTING TIME, DO I HAVE TO KEEP PAYING SUPPORT?
YES. Parenting time and support are separate parts of a court order, with separate enforcement actions. You should write a statement with as much detail as you can provide regarding the violation of parenting time and send to the FOC.
IF I AM NOT RECEIVING SUPPORT, DO I NEED TO ALLOW PARENTING TIME?
Yes. Parenting time and support are separate parts of a court order with separate enforcement procedures.
CAN I PAY THE OTHER PARTY DIRECTLY?
No, not without modifying your court order and filing with the court clerk. If you pay directly you will not receive credit for the payment unless stated in court order.
IF I AM RECEIVING PUBLIC ASSISTANCE, DO I STILL GET CHILD SUPPORT?
NO. The MiSDU must send to the State any child support payment made while you are on public assistance.
IS THE FRIEND OF THE COURT RESPONSIBLE FOR MAKING SURE THAT CHILD SUPPORT MONEY IS BEING SPENT ON THE CHILDREN?
NO. The law does not give anyone the authority to verify how child support payments are being spent.
The purpose of this document is to provide you with general answers to frequently asked questions. It is not intended as either legal advice or to be all inclusive. Legal questions should be directed to an attorney of your choice.
Tax Offset FAQ
PURPOSE FOR TAX OFFSET
Mandated by the Social Security Act
Collection of past due support from federal income tax refunds in TANF and non-TANF IV-D cases is authorized by Section 464 of the Social Security Act. Section 466(a)(3) of the act requires states to have statutorily based procedures for state income tax offset.
TAX TABLE:
*If the payer of support owes $500 or more in NON-TANF support arrears his/her FEDERAL refund will be taken.
*If the payer of support owes $150 or more in TANF support arrears his/her FEDERAL refund will be taken.
*If the payer of support owes $150 or more in TANF or NON-TANF support arrears his/her STATE refund will be taken.
I DO NOT AGREE WITH THE ARREARAGE AMOUNT ON MY NOTICE, WHAT CAN I DO?
First you will want to get your current arrearage amount from the Friend of the Court Office. The arrearage amount on the State notice reflects what amount was owed as of August of that current year. The arrearage amount on the Federal notice reflects what amount was owed as of 90 days before the notice date. Please note: The amount of arrearage referred for tax intercept is updated every week beginning in December and continues up to interception. You may want to ask a Friend of the Court representative what the current, referred amount is.
You may request an Administrative Review Hearing ONLY IF:
1) There is a mistake of fact. YOU must demonstrate the error(s) in the accounting records
OR
2) There is a mistake of identity. You are not the person named in the order obligated to make payments
If you cannot demonstrate a mistake of fact or identity, you are not entitled to an administrative review by the Friend of the Court. You may seek relief by filing a motion with the Circuit Court/Family Division.
Please submit administrative review request to:
Battle Creek, MI 49014
ONLY if: YOU must demonstrate the error(s) in the accounting records
WHY DIDN'T I GET A NOTICE SAYING THAT MY FEDERAL TAXES WERE GOING TO BE TAKEN?
Once you get a Federal Tax Notice that will be your lifetime notice until your arrearage amount falls below the required amount. Refer to the Tax Table above to see what the required amount is.
WHY ARE MY TAXES BEING TAKEN IF I'M PAYING ON MY ARREARS?
The Federal Regulations and Michigan Statute states that if you have an arrearage balance that meets the required amount (See Tax Table above to see required amounts) then your tax money must be taken.
WHAT HAPPENS IF MY ARREARS FALL BELOW THE REQUIRED AMOUNT AFTER I HAVE RECEIVED MY NOTICE, BUT BEFORE MY TAXES ARE TAKEN?
After December of the current year the IRS is updated every week on the current arrearage balance. If your arrearage balance falls below the required amount your name will automatically be deleted. However, there is no guarantee that the money will not be intercepted. If it is, you will be refunded any amount in excess of your arrearage.
I GOT A NOTICE THAT MY TAX MONEY WAS TAKEN BUT THE FRIEND OF THE COURT DOES NOT HAVE THE MONEY, WHERE IS IT?
The IRS takes the federal tax money after you have filed your taxes and then it is sent to the Office of Child Support in Lansing. It is then sent to the MiSDU (Michigan State Disbursement Unit). This process could take up to 90 days. State tax money is sent to MiSDU from the State Treasurer and this process could take anywhere from 4-6 weeks.
WHAT HAPPENS IF MY CURRENT SPOUSE AND I FILE JOINTLY AND PART OF THE TAX RETURN IS HIS/HERS, WHAT CAN WE DO?
Your spouse may file an injured spouse claim with the IRS so that your current spouse's portion is not applied to your arrears.
WHAT HAPPENS IF WE FILED JOINTLY AND DID NOT NOTIFY THE FRIEND OF THE COURT?
The State/MiSDU will hold the tax money for 6 months to see if an injured spouse claim has been filed. If a claim has been received an adjustment may need to be done on the amount the MiSDU received.
HOW DOES TAX MONEY GET DISTRIBUTED?
Federal tax money will first be applied to any arrearage owed to the state and then applied to arrearages owed to CP. State tax money will be applied to arrearages owed to the CP first and then applied to arrearages owed to the state.
WHAT HAPPENS IF MY TAX RETURN IS MORE THAN THE AMOUNT OF THE ARREARAGE?
Once tax money is received MiCSES (the statewide computer system) will only apply what is owed in arrears and then the balance will be returned to the payer.
WHY CAN'T THE FOC TELL ME IF I'M GOING TO RECEIVE TAX MONEY?
The IRS establishes rules that specify what information regarding another taxpayer's taxes can be given and to whom, disclose the source of the payment, the taxpayer's filing status, or the amount of the payment. Those rules specify that the Friend of the Court cannot.
The purpose of this document is to provide you with general answers to frequently asked questions. It is not intended as either legal advice or to be all inclusive. Legal questions should be directed to an attorney of your choice.
Medical FAQs
I have medical bills for my child(ren) that insurance won't cover. What do I do?
It is very important to read and understand your current Court Order. Court Orders require each parent to pay a portion of any uninsured medical expenses. Some orders require a party to pay the entire uninsured medical bill before seeking reimbursement from the other parent. When presenting medical expenses to the other parent, you must provide supporting documentation including itemized billing statements and insurance payment documentation. If the parent has not paid their portion of the bill within 28 days, you can request enforcement of the uninsured medical expenses by filing the forms with the Friend of the Court office. Do not "stockpile" bills as they must be turned in to the Friend of the Court within certain timeframes or they will be rejected. Forms and instructions are available at the Friend of the Court website, www.calhouncountymi.gov or at the counter in the Friend of the Court office.
My child(ren)’s bill is being sent to collections. What can I do?
The Friend of the Court can only assist in the collection of a party's court ordered portion of a bill. The Friend of the Court cannot prevent medical service providers from taking collection activity against a party.
The other parent is not providing health insurance for our child(ren). What can I do?
It is important to read and understand the health insurance provision(s) or your Court Order to see if the other parent is required to carry Dependent Health Care Coverage. Most orders require parents to provide health care insurance if it is available as a benefit of employment at a reasonable cost. If the other party has health insurance available and has not provided coverage for the child, you may request assistance from the Friend of the Court.
Do I have to appear for medical enforcement hearings if I am the party seeking collection?
Yes. Both parties are required to appear and testify at any hearing regarding disputed medical bills. Failure to appear may result in your claim being dismissed.
The other party is carrying insurance but will not give me an insurance card. What can I do?
In some instances you may be able to contact the insurance carrier directly to obtain an insurance card. If you are unable to obtain a card yourself, you may request assistance from the Friend of the Court.
My employer will not enroll my child(ren) under my insurance without a notice from the court. What can I do?
Contact the Friend of the Court Medical Support Enforcement Unit for assistance in getting the child(ren) enrolled.
The other party is keeping insurance checks intended for the medical service provider. What can I do?
You may obtain, complete, and submit the forms for reimbursement of uninsured medical expenses. You will be required to provide proof of treatment, an itemized billing statement, and an insurance provider’s statement of the amount they paid to the other party for these services. The medical service provider’s billing office may be able to assist you in obtaining insurance payment information.
My employer received a notice to enroll my child(ren) in my insurance and I can't afford it. What can I do?
Most orders require parents to provide health care insurance if it is available as a benefit of employment at a reasonable cost. If you believe that the cost of the insurance is excessive, you can request a review of the cost of the insurance. Put your request in writing and include documentation from the employer showing your wages and the cost of the insurance. Send the information to the Friend of the Court for review.
What is ordinary medical expense?
"Ordinary health care expenses" include co-payments, deductibles, and other uninsured health care costs. On average, parents spend $345 per child on ordinary health care costs annually. After a parent has spent more than the annual amount, s/he may seek reimbursement of any additional amounts. The reimbursement is limited to the court ordered percentage of out of pocket health care expenses. The annual ordinary health care expense amount changes periodically. Be sure to check your order for the correct amount.
You must provide proof that the total annual ordinary medical expense for all children was exceeded before requesting reimbursement of extraordinary medical expenses. Michigan law requires that before the parent may request enforcement from the Friend of the Court, there must be a minimum threshold of $100 in expenses over and above the total annual ordinary medical expense that was incurred. If by December 1st $100 has not been incurred, whatever amount has been incurred may then be submitted for enforcement.
How does the Custodial Parent request reimbursement of extraordinary medical expenses?
Examples:
If you are a custodial parent and your order requires annual ordinary medical of $345 per child per year, and you have incurred $250 of uninsured medical expenses, since you have not met your ordinary expense threshold, there is no extraordinary expense to claim. The non-custodial parent has already been charged for his/her portion of this in their monthly support, thus no demand for uninsured expense may be submitted to the Friend of the Court.
If you are a custodial parent and your order requires annual ordinary medical of $345 per child per year, and you have incurred $450 of uninsured medical expenses, the non-custodial parent would be responsible for his/her portion of $105 (the extraordinary expense). Forms and instructions for asking the Friend of the Court for assistance can be found in our office or online at www.calhouncountymi.gov/foc and click on Forms.
Custody FAQ Sheet
HOW DO I CHANGE MY CUSTODY ORDER?
The Friend of the Court provides a Pro Per Packet to modify custody for those cases where custody is already established.
For cases where custody is not established you may be able to file a pro per motion with Circuit Court. Consult with Friend of the Court or an attorney for your choice.
Custody may be changed/ established, on some case types, through pro per motion (there are some exceptions-refer to pro per instructions), or through Mediation at the Friend of the Court (which is free of charge) if both parties agree to mediate. Forms are available at the Friend of the Court.
IS THERE AN AGE AT WHICH MY CHILD CAN CHOOSE WITH WHOM THEY WANT TO LIVE?
No. A child's preference is only one of twelve factors that must be considered by the Court when determining the best interests of the child, and is seldom ever the controlling factor.
WHAT IS JOINT LEGAL CUSTODY?
Parents will communicate and cooperate with one another and attempt to reach mutual decisions regarding major issues affecting their children. This decision-making process includes, but is not limited to: major non-emergency medical decisions, educational decisions, and religious upbringing.
WHAT IS JOINT PHYSICAL CUSTODY?
Children live with one parent part of the time and the other parent part of the time. This time does not have to be exactly equal. The parent who has care of the children at any given time is responsible for routine decisions regarding the children.
WHAT IS PRIMARY PHYSICAL CUSTODY?
Children live primarily with one parent.
WHAT IS SOLE CUSTODY?
Children live with one parent and that parent is responsible for making major decisions regarding the children.
MY ORDER STATES THAT I CANNOT MOVE MY CHILDREN FROM THE STATE OF MICHIGAN WITHOUT APPROVAL OF THE COURT. HOW DO I GET THE COURT'S APPROVAL?
Parents may agree to a change of domicile by signing an agreement (stipulation). Once this agreement is put in the form of an order, signed by the judge and filed with the court clerk, it will become an order of the court.
If you and the other parent cannot agree upon a change of domicile, you may:
(1) File a petition of your own, or contact an attorney to help you file the Petition.
(2) You and the other parent may participate in voluntary Friend of the Court Mediation. There is no charge for this service. The forms to request voluntary mediation are available at the Friend of the Court.
Notifying the Friend of the Court or filing a petition does not allow you to move your children from the state. You must obtain a court order granting this change.
YOU DO NOT NEED PERMISSION OF THE COURT TO TAKE CHILDREN ON A VACATION OUT OF STATE UNLESS RESTRICTED IN YOUR COURT ORDER.
MY ORDER STATES THAT I CANNOT CHANGE THE LEGAL RESIDENCE OF MY CHILD, WITHOUT APPROVAL OF THE COURT. WHAT DOES LEGAL RESIDENCE MEAN AND HOW CAN I GET THE COURT'S APPROVAL?
The restriction on changing a child's legal residence means that neither parent may move more than 100 miles from the place of their residence, at the time of the commencement of the custody action. If your order states the domicile/residence cannot be moved from Michigan, you must remain in Michigan.
You can obtain a Court Order allowing you to move the child's legal residence by using the same methods described above to move the child outside of the State.
THE MICHIGAN CUSTODY GUIDELINES ARE AVAILABLE ONLINE AT:
www.courts.michigan.gov/scao/resources/publications/manuals
Custody Factors (Child Custody Act of 1970):
Sec. 3. As used in this act, "best interests of the child" means the sum total of the following factors to be considered, evaluated, and determined by the court:
(l) Any other factor considered by the court to be relevant to a particular child custody dispute.
The purpose of this document is to provide you with general answers to frequently asked questions. It is not intended as either legal advice or to be all inclusive. Legal questions should be directed to an attorney of your choice.
Employer or Source of Income FAQ
- Income Withholding Notices are issued to 'sources of income.' [MCL 552.609]. A "source of income" is defiined by law [MCL 552.602(cc)] as an "employer" or "another individual or entity" that owes or will owe income to the payer.
- "Income" is defined under Michigan law [MCL 552.602(n)] as:
- Commissions, earnings, salaries, wages and other income due or to be due in the future to an individual from his or her employer and successor employers.
- A payment due or to be due in the future to an individual from a profit sharing plan, a pension plan, an insurance contract, an annuity, social security, unemployment compensation, supplemental unemployment benefits, or worker's compensation.
- An amount of money that is due to an individual as a debt of another individual, partnership, association, or private or public corporation, the United States or a federal agency, this state or a political subdivision of this state, another state or a political subdivision of another state, or another legal entity that is indebted to the individual.
- The directed amount must be withheld and is binding upon the source of income seven (7) days from the date the notice is issued. [MCL 552.611]
- Once the income is withheld, it must be remitted to the Michigan State Disbursement Unit within 3 days. [MCL 552.609]
- Income Withholding has priority over all other legal processes under State law against the same income. [MCL 552.611]
- The income withholding remains in effect until the Friend of the Court tells you to stop withholding. [MCL 552.611]
- The Court may find a source of income in contempt, require the source of income to pay the amount it knowingly and intentionally failed to withhold, and fine the source of income for failing to comply. [MCL 552.613]
- The law [MCL 552.612] relieves the source of income from liability as it relates to that portion of the payer's income that is affected by the income withholding notice.
Interstate FAQ Sheet
| UIFSA: | Uniform Interstate Family Support Act - the law which governs enforcement and modification of support orders across state lines. UIFSA applies to support only. Custody and parenting time issues cannot b |
| RESPONDENT: | The person responding to an action. |
| PETITIONER: | The person initiating an action. |
| NCP: | Non-custodial parent; the parent who does not have physical custody of the child. |
| CP: | Custodial parent; the parent who has physical custody of the child. |
| REGISTRATION: | The process of sending one state's order to another state for the purpose of enforcement, modification or both. |
Parenting Time FAQ
THE OTHER PARTY IS NOT ALLOWING PARENTING TIME LIKE IT SAYS IN THE ORDER. WHAT CAN I DO?
File a written complaint within 56 days of the alleged violation with the Friend of the Court. Your complaint must specify the date and time when parenting time was attempted and denied with any details. If the Friend of the Court believes the parenting time order may have been violated, it shall start enforcement action. Action may consist of either make up parenting time being set by the Friend of the Court or a show cause hearing being scheduled with the court. If this complaint results in a show cause hearing, you must appear as the complaining party or the matter will be dismissed.
I AM CONCERNED THAT MY CHILD(REN) ARE BEING ABUSED WHEN WITH THE OTHER PARENT. WHAT SHOULD I DO?
Report your concerns to the Protective Services Unit of the Department of Human Services or your local law enforcement agency. The telephone number in Michigan is 1-800-942-4357 (statewide). You may also wish to provide, in writing, to your Friend of the Court Office a copy of your concerns so that they may be made a part of your file. The Friend of the Court Office does not have the authority to investigate and remove children from the home in abuse or neglect matters.
MY CHILD DOES NOT WANT TO ENGAGE IN PARENTING TIME WITH THE OTHER PARENT. WHAT CAN I DO?
Parents are to obey court orders, regardless of the child's age. It is the parent's responsibility to promote a positive relationship with the child and the other parent and to make sure the children are prepared physically and emotionally for their parenting time with the other parent. You may want to try the following options:
3. Work out a different arrangement with the other parent, however agreements between parties outside the Court order are not enforceable by the Friend of the Court.
CHILD SUPPORT PAYMENTS ARE NOT BEING MADE. DO I HAVE TO ALLOW PARENTING TIME?
Yes. Parenting time and support are separate parts of a court order with separate enforcement procedures.
IT APPEARS THAT THE OTHER PARENT HAS BEEN DRINKING OR USING DRUGS. DO I HAVE TO LET THE CHILDREN GO?
It is your duty as a parent to protect your child. If you choose to act contrary to the court order in such a situation by withholding the children, you may have to explain to the court, at a "show cause" hearing, why you should not be held in contempt for your decision.
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 engage in parenting time with his/her children. It is the parent's duty to promote a positive relationship with the children and the other parent. Your options include: counseling, mediation, and filing a petition for change of the parenting time order.
I HAVE A SPECIFIC PARENTING TIME SCHEDULE THAT I WOULD LIKE TO CHANGE. WHAT CAN I DO?
Modify your Court order by the following:
4. Contact an attorney.
MY PARENTING TIME ORDER STATES I HAVE "REASONABLE VISITATION RIGHTS OR REASONABLE PARENTING TIME." WHAT DOES THIS MEAN?
Reasonable parenting time means that the Court believes that parenting time should occur. "Reasonable" parenting time is not specific enough to be enforced by the Friend of the Court.
MY PARENTING TIME ORDER STATES I HAVE PARENTING TIME "AT ALL TIMES AND PLACES TO WHICH THE PARTIES MUTUALLY AGREE". WHAT DOES THIS MEAN?
This means that, unless the time and place are agreeable to both parties, parenting time is not ordered. If you cannot mutually agree to a visitation schedule, you have the following options:
- Contact the other party to see if he or she will agree to mediation.
- File a Pro Per Motion for specific parenting time if your case qualifies or contact an attorney to help you file the motion.
www.calhouncountymi.gov/foc/publications
The purpose of this document is to provide you with general answers to frequently asked questions. It is not intended as either legal advice or to be all inclusive. Legal questions should be directed to an attorney of your choice.
Objection FAQ
Medical
I received a notice from the friend of the court that says I am responsible to pay a percentage of uninsured medical expenses for my child. I do not agree with the dollar amount or do not agree with the services that were performed and don't think I should have to pay them. How do I object to this?
You must send a written statement to the friend of the court within 21 days of the date the form was mailed to you and the friend of the court will then schedule a hearing for the court to consider your objection reasons and make a ruling. The written statement must specify what you are objecting to, including the date of the ruling/document, and the reason for your objection.
I received notice from the friend of the court that I must carry health insurance on my child. I cannot afford health insurance, what can I do?
Write to the friend of the court asking for a review of your requirement to carry health insurance based upon reasonable cost. The friend of the court will then contact your employer requesting them to provide documentation regarding your wages and the cost of the insurance. After review, the friend of the court will send its written findings to both parties. If the friend of the court determines the health care coverage cost is unreasonable, the employer will be notified to disregard the notice to enroll the child.
I received notice from the friend of the court that I must carry health insurance on my child. My husband/wife (step parent) carries insurance; do I have to have insurance too?
No, send a written statement referencing the notice and provide proof of insurance via copy of the insurance cards to the Friend of the Court.
I received notice from the friend of the court that I must carry health insurance on my child. The child is covered by the other parent; do I have to carry insurance too?
Not if the other parent notifies the friend of the court in writing and provides copies of their insurance cards proving the child is covered. The friend of the court will then prepare a consent order that will be sent to both of you to sign and return to the friend of the court.
Support Modification
I received a recommendation from the Friend of the Court for a change in child support and I don't agree with it, what should I do?
If you disagree with the Friend of the Court recommendation, you can file a written objection within 21 days of the date it was mailed to you. The written objection must be filed with the Circuit Court Clerk with a copy sent to the Friend of the Court, Support Investigations Unit, and a copy to the other party. The written objection must specify to what you are objecting, including the date of the recommendation and the reason for your objection. Upon receipt of the copy of your objection by the Friend of the Court, an appointment for a joint meeting (conciliation conference) with the Support Investigator will be set up. You will be advised by letter of the date and time of the meeting. The intent of the meeting is to explain the recommendation and the Michigan Child Support Formula. If, after the conciliation conference, the parties agree with the recommendation, the order will be sent to the assigned Judge for entry by the court.
It is important to understand that the Friend of the Court must recommend and the Court must order child support that complies with the Michigan Child Support Formula. Any deviation from the Formula amount must be documented on the record and explained in a court order.
If you still disagree with the recommendation after the conciliation conference, a hearing will be set for you before the Family Division Referee. You will receive a notice of this hearing in the mail. You must attend the hearing to tell the referee why you disagree with the recommendation, otherwise the recommendation will become an order of the court.
Income Withholding
I received an income withholding order and the amount collected on arrears is too high, what can I do?
Did the form that accompanied the income withholding say that your arrears were administratively adjusted per guideline and that you could object?
b) No. Then your recourse is to file a motion to ask the court to judicially set your arrears payment amount. There are no forms available from the Friend of the Court to assist you in filing a motion for arrears modification. If you have had a change in circumstances and have a current support obligation, you may wish to ask the court to review your arrears repayment in addition to that obligation. You may file a motion to ask the court to modify your support by either contacting an attorney or by using pro per support modification forms which you may obtain from the friend of the court. You may also request a child support review from the friend of the court.
Referee Hearing
I went to a hearing before a Referee and I just received an order that I do not agree with, what can I do?
Does the Order say "INTERIM EFFECT OF REFEREES DECISION?" Followed by a Certificate of Mailing?
a) If yes then you must file a motion to set aside the referee recommendation with the Circuit Court Clerk. Forms to file a motion to set aside are available at the Circuit Court Clerk or at the Friend of the Court. Bring the order you are objecting to, with you, when you file your objection. The written objection must specify what you are objecting to, including the date of the ruling/document, and the reason for your objection.
b) If the order does not have such a paragraph then it is not an order you can file a motion to set aside.
Does the order say "The attached order will be submitted to the assigned Family Division Referee for approval and for entry by the Court if there are no objections filed within 7 days of the service of this notice?"
a) If yes, then the only grounds for filing an objection are to address the accuracy or completeness of the proposed order, not the actual finding of the Referee. You must file an "Objection to entry of order MCR 3.215 Referee 7-Day Rule." This form, along with instructions is available at the Circuit Court Clerk or the Friend of the Court.
Payment & Accounting FAQ
The employer sends Income Withholding payments to the Michigan State Disbursement Unit (MISDU) in Lansing. On September 2, 2003 the MiSDU began issuing checks to the payees.
HOW CAN I MAKE A PAYMENT AT THE FOC?
You may make a cash child support payment with exact change between the hours of 9-4. Because different types of payments are receipted differently, you will need to complete the coupon that corresponds to the type of payment you are making (service fees, FNS, hearing ordered payment). To make a regular child support payment by check, it must be made payable to the MiSDU in Lansing and sent in the mail. The address is:
P O Box 30351
Lansing, MI 48909-7851
Payments can also be made via the MiSDU website at www.misdu.com with a debit or credit card.
WHAT INFORMATION IS NEEDED TO MAKE A PAYMENT?
The MiSDU requires the use of a payment coupon. There are MiSDU payment coupons available in our office and on our website at www.calhouncountymi.gov/foc.
HOW CAN I OBTAIN INFORMATION ON MY ACCOUNT?
You may log onto www.michigan.gov/micase to see payment information for 18 months. Payment information and case balances are available by calling the 24-hour automated phone system at either (269) 969-6415 or you may call the FOC Office as (877) 543-2660. Another option you have to receive case information is to request printouts. To do this you need to fill out an Access to Court Records Form being very specific about what you are requesting and giving dates so we know what time period you are looking for. Printouts are $1 per page. You will receive a call concerning your request.
UNDER WHAT CIRCUMSTANCES WOULD I NOT RECEIVE A PAYMENT?
A. Payer did not make a payment.
B. You have not updated your address in writing with the FOC or MiSDU.
C. Your monthly support obligation has been met and you are not owed any arrearages.
D. The MiSDU received a check from the payer or employer that had to be returned because of insufficient information.
E. If you are receiving a cash grant from the DHS, the MiSDU will send all support payments to the State.
IF I HAVE PLACED A STOP PAYMENT ON A CHECK, HOW LONG WILL IT BE BEFORE I GET A REPLACEMENT CHECK?
The MiSDU will issue a new check automatically. You must contact them for further information on your check.
CAN I SIGN UP FOR DIRECT DEPOSIT OF MY CHILD SUPPORT CHECKS?
Yes. The MiSDU requires direct deposit of child support checks. Custodial parents that do not sign up for direct deposit with their own bank will be issued a US Bank debit card and their child support will go into that account.
WHY CAN’T I RECEIVE A CHECK?
The law changed and now requires the MiSDU to send payments electronically. The only exemptions from electronic disbursement of support are: Individuals with a mental or physical disability that imposes a hardship in accessing electronic payments, individuals with a language or literacy barrier that imposes a hardship in accessing electronic payments, individuals with payments that are not recurring (two or less per year), or are not expected to continue in a 12-month period, and individuals with both home and work addresses that are more than 30 miles from an ATM or their financial institution.
Exempt customers are not required to receive payments via direct deposit or a debit card. They must contact the MiSDU to request an exemption by calling 1-877-4-MI-DEBIT (1-877-464-3324). The Calhoun County Friend of the Court cannot give you an exemption.
ARE THERE FEES INVOLVED WITH THE DEBIT CARD?
There are no fees to make a purchase at the locations that accept Visa debit card transactions. You can also receive cash back free of charge from any bank teller or credit union teller that processes Visa cash advances at their teller windows.
There is a US Bank service charge of $1.50 for all ATM withdrawals. There may be an additional surcharge by the ATM owner/operator for any transactions. There are no US Bank fees for online account information or ATM balance inquiries. Since the Visa debit card is not a credit card, any amount spent above the available balance will result in an insufficient fund fee of $20.
Complete details on fees will be provided with the card. All fees are assessed either by US Bank or the ATM owner/operator and will be taken directly from the account balance on the Visa debit card.
HOW CAN I FIND OUT ABOUT MY PAYMENTS?
You can still call the 24-hour automated information access line at (877) 543-2660 to find payment information or log onto www.michigan.gov/micase to view 18 months of payment information.
The purpose of this document is to provide you with general answers to frequently asked questions. It is not intended as either legal advice or to be all-inclusive. Legal questions should be directed to an attorney of your choice.
Support Modification FAQ
HOW CAN MY SUPPORT BE MODIFIED?
Only by modifying your court order:
1) By the use of a pro per motion which can be obtained at the Friend of the Court (the process may take one to three months to have an order entered).
2) By requesting a support review through the Friend of the Court, which could take at least 90 days to have an order entered. Each party may request a review once every three years, unless there is a material change in circumstances (loss of job, etc).
3) By using an attorney of your choice
If your financial situation changes, you should immediately file a motion for a change in the support amount. The court may adjust the support amount back to the date that the motion was filed. Simply notifying the Friend of the Court of a change in either party’s financial situation does not change the court order.
HOW DOES THE COURT DETERMINE YOUR AMOUNT OF SUPPORT?
The Court is required to use the Michigan Child Support Guidelines Formula to set support. To purchase a copy of the guidelines you may send $5 check or money order (made payable to State of Michigan) to, Department of Management and Budget, Office Services Division, Publications Section, PO Box 30026, Lansing MI 48913
or there could be a copy at your local library, or on web site http://courts.mi.gov/administration/scao/officesprograms/foc/pages/child-support-formula.aspx
THINGS TO KNOW ABOUT THE GUIDELINE/FORMULA
1) The Michigan Child Support Guidelines take into consideration the incomes of both parents, which includes, but not limited to, salaries, overtime, premiums, and bonuses from all employers including military pay, workers compensation, as well as other income such as rental income, interest and dividends. The Formula does not, however, consider "means tested" income such as Family Independence Agency payments or Supplemental Security Income (SSI)
2) A current spouse’s income is not considered under the Child Support Formula. In Michigan, a current spouse who is not a parent has no obligation to support your child.
3) If a party voluntarily reduces or eliminates income, the Court may base the ordered support on that party’s ability to earn (this is known as "imputing" income).
4) The Michigan Child Support Formula allows for a number of adjustments, including child care expenses, other children in the home, other support obligations, and mandatory deductions from income (such as mandatory retirement withholdings).
WHEN WILL A CHANGE IN SUPPORT BECOME EFFECTIVE?
Absent an agreement of the parties, the Court can not change the amount of support before the date that the other party was served with the motion to change the support order. Therefore, it is important that you file a motion and have the other party served as soon as there is a change in circumstances.
The purpose of this document is to provide you with general answers to frequently asked questions. It is not intended as either legal advice or to be all inclusive. Legal questions should be directed to an attorney of your choice.
