A warrant was probably issued because you failed to appear as ordered at a contempt proceeding. A warrant may also issue if you did not comply with an Order from your last contempt procedding and that order required a warrant to be issued for your failure to comply.

No. The hearing cannot be rescheduled; you must contact the Friend of the Court to resolve the bench warrant.

1. Contact the Friend of the Court Bench Warrant Division or any local law enforcement agency to post the full bond amount.

2. Contact the Friend of the Court to request to have bond modified before arrest.

3. Turn yourself in at any law enforcement agency or make arrangements to surrender on the warrant at the Friend of the Court office. The arraigning Judge may give positive consideration to you for turning yourself in.

Failure to resolve the bench warrant may result in your arrest.

Call the nearest law enforcement agency to report the location of the wanted individual.

If you are unable to post the original bond, you will be arraigned before a Circuit Court Family Division Judge. The Judge has the option of modifying the bond. If you are unable to post the modified bond amount, you will be held in jail for up to 14 days until the next scheduled hearing date.

Most likely, YES, you will have another hearing. You should have been provided a hearing date at your arraignment or on your bond paperwork. Your bond paperwork, if issued by the arresting agency, will not have the correct date and time for your child support bench warrant hearing. You will receive a subsequent order from the Friend of the Court with the correct hearing date and time. It is IMPORTANT for you to update the Friend of the Court with your legal address at ALL times, otherwise you may not receive important paperwork resulting in another bench warrant.

You are not required to appear, but if you do not appear, then the Court cannot consider what you have to say. No one will represent you at this hearing except for you or your attorney.

Your bond will be addressed at your bench warrant hearing. In most cases the bond will be applied to any past due support or obligations in the case. The bond money will be applied to any past due support or obligations in the case. The bond money will be applied to the case pursuant to federal regulations pertaining to allocation of child support payments.

When the bond is addressed at the hearing, the forfeiting of the bond may take up to one month from the hearing date. If the hearing is further adjourned, it could take longer.

The purpose of the 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.

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.

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.

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.

You may request a change in your support order:

1) By the use of a pro per packet 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.

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.

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.

Yes. Parenting time and support are separate parts of a court order with separate enforcement procedures.

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.

NO. The MiSDU must send to the State any child support payment made while you are on public assistance.

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.

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.

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:

Attention Friend of the Court Tax Offset
161 E Michigan Ave.
Battle Creek, MI 49014

ONLY if: YOU must demonstrate the error(s) in the accounting records

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.

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.

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.

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.

Your spouse may file an injured spouse claim with the IRS so that your current spouse's portion is not applied to your arrears.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Contact the Friend of the Court Medical Support Enforcement Unit for assistance in getting the child(ren) enrolled.

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.

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.

Each child support order issued or modified after October 1, 2004, will include an additional amount for "ordinary health care expenses." A person who pays child support will pay the additional amount each month, in addition to child support, to cover regular health care expenses. This process will help parents pay out-of-pocket health care expenses as they incur them. It will also eliminate the need to seek separate reimbursement for every routine health care bill.
"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?

The custodial parent must provide proof that the total annual ordinary medical expense for all children was exceeded before requesting reimbursement of extraordinary medical expenses. The non-custodial parent is responsible for his or her percent of extraordinary medical expenses as stated in the court order.

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.

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.

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.

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.

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.

Children live primarily with one parent.

Children live with one parent and that parent is responsible for making major decisions regarding the children.

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.

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:

(a) The love, affection, and other emotional ties existing between the parties involved and the child.
(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
(c) 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.
(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
(e) The permanence, as a family unit, of the existing or proposed custodial home or homes.
(f) The moral fitness of the parties involved.
(g) The mental and physical health of the parties involved.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.
(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
(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.

1. 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.
2. "Income" is defined under Michigan law [MCL 552.602(n)] as:
   1. 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.
   2. 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.
   3. 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.
3. 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]
4. Once the income is withheld, it must be remitted to the Michigan State Disbursement Unit within 3 days. [MCL 552.609]
5. Income Withholding has priority over all other legal processes under State law against the same income. [MCL 552.611]
6. The income withholding remains in effect until the Friend of the Court tells you to stop withholding. [MCL 552.611]
7. 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]
8. 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.

If you have a Michigan support order and the payer of support moves to another state, this Office will continue to enforce the collection of your support.  This will be done by direct income withholding to the payer's out-of-state employer.  Other in-state remedies also apply such as tax offset, show-cause hearings and bench warrants.  However, certain in-state remedies are not as effective if the payer is living out of state, such as show-cause hearing and bench warrants.  If the payer's whereabouts are known (out of state), but his employer is not known, it is usually more effective to register the Michigan order in the state of residence of the payer.

The Friend of the Court Interstate Dept will register your Michigan order in another state if necessary.  This means that your order will be sent to the state where the payer lives.  The out-of-state court will register the Michigan order, at which time they can enforce the Michigan order as if it were their own order.  Your Michigan order cannot be modified when your order is registered for enforcement.  The other state is required to enforce the Michigan ordered amount of child support.

Michigan can continue to enforce the support order the same as described in question #2.  Although Michigan can continue to enforce the Michigan order if all parties have left the state, the custodial parent is encouraged to sign up for services at your local child support office.  Should enforcement other than income withholding be necessary in the future your case will already be established in your new state and may save time while you wait for enforcement action.  However, the Michigan support order cannot be modified in Michigan if neither party or the child/ren lives here in Michigan.  If both parties reside outside the state of Michigan, the party wishing a modification of the order must register the order in the other party's state for modification.

If the payer resides in the state that issued the support order, you simply need to request a re-direction of child support to this county's Friend of the Court Office.  If the payer of support resides in a state different from the state that issued the support order, you will need to have the support order registered in the payer's current home state.  In either case you will need a referral from Family Independence Agency (FIA) at 269-966-1284 and explain your situtaion.  They will then refer you and/or your case either to the Friend of the Court for re-direction or to the Prosecutor's Offce to begin the registration process.

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.

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.

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.

Yes. Parenting time and support are separate parts of a court order with separate enforcement procedures.

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 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.

Modify your Court order by the following:

4. Contact an attorney.

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.

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.
CALHOUN COUNTY'S STANDARD PARENTING TIME AND STANDARD PARENTING TIME TRANSPORTATION GUIDELINES ARE AVAILABLE ON OUR WEBSITE:
www.calhouncountymi.gov/foc

THE MICHIGAN PARENTING TIME GUIDELINES ARE AVAILABLE ONLINE AT:
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.

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.

SUPPORT MODIFICATION FAQ SHEET

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.