(Frequently Asked Questions)

 1.  How do I get an order for custody?

A petition requesting the court to grant you custody of your children must be filed with the court.  (Usually this is included in the initial complaint in a divorce case, or in the answer). If both parents agree and sign an agreement (stipulation and consent agreement), that agreement, if approved by the court, may be entered as a custody order.

2.  How do I change an existing order for custody?

A petition to modify a custody order must be filed with the court, or the parents can sign a written agreement changing custody (stipulation and consent agreement), which if approved by the court, will change custody.  The Friend of the Court cannot file a petition for you.

3.  Do I need to have an attorney to get custody?

It is not required that you have an attorney to file a petition for custody.  However, there are many complicated issues involved in a custody case.  Therefore you may want to have an attorney represent you.  The Friend of the Court cannot file a petition for custody for you.

4.  Is there any way the court can assist us in reaching an agreement on custody?

The Friend of the Court provides Domestic Relations Conciliation.  (See page 4 of this Handbook).  Conciliation is a process where a neutral third party assists in settling a custody dispute.  (The parties may also agree to a private mediation service offered by people with skills and special training in domestic matters who are paid a “fee for service” by the parties).

5.  After a petition for custody has been filed, and we cannot reach our own agreement, what does the Friend of the Court have to do?

The Friend of the Court, at the request of the Court, is required to:

(1)        Offer conciliation services to the parties.

(2)        Conduct an investigation and file a written report and recommendation to the court based on the factors listed in the Michigan Child Custody Act.

(3)               Conduct a full evidentiary hearing before a trained referee.

 6.  Do I have the right to receive a copy of the Friend of the Court report and recommendation on custody?

Before the court takes any action on a Friend of the Court custody recommendation, the Friend of the Court must provide to each party, or their attorney, a copy of the report, recommendation and any supporting documents, or a summary of the documents prepared or used by the Friend of the Court.

7.  What will happen if I have an order for custody and the other parent does not return the child to me as stated in the court order?

You have several choices:

(1)     You may contact your attorney to bring a Ashow cause@ or contempt proceeding against the other party; or

(2)       You can file a written complaint with the Friend of the Court and request that they enforce your order; or

(3)       You can contact the Prosecuting Attorney and request that a kidnaping charge be initiated if you have reason to believe that the other parent intends to keep the child. 

8.  Does the Friend of the Court have a responsibility to investigate alleged abuse and/or neglect of a child? 

Allegations of abuse or neglect should be reported to the Protective Services unit of your local Department of Human Services office, phone number (517) 373-2035.  The Friend of the Court has a responsibility to conduct an investigation when ordered by a Judge. All allegations of abuse or neglect should be communicated to Protective Services and to the Friend of the Court during the investigation process. 

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                                                  UNIFORM SUPPORT ORDERS

A uniform support order means an order entered by the Family Division Circuit Court which requires the payment or support.  All support orders must contain language making support payable through the Michigan State Disbursement Unit (MiSDU).  MiSDU is the State agency that actually both receives all payments and makes all disbursements.  The Friend of the Court is the Arecord keeper@, and is charged with the responsibility of enforcing all aspects of the support order. 

Support may include: 1) child support; 2) spousal support; 3) payment of expenses of medical, dental or other health care (including birth expenses); 4) child care expenses; and 5) educational expenses. 

Since 1/1/06 every new or amended support order must be entered on a “Uniform Support Order” (a “USO”) form required by the Michigan Supreme Court.  (Support language is no longer included in the Judgment or order of the Court dealing with other domestic/divorce topics.  See MCR 3.211). 

Support Investigations and Reports

If ordered by the Court, the Friend of the Court will conduct a financial investigation and make a written report and recommendation to the parties and the court regarding child support.  Friend of the Court reports cannot be used as evidence in court without the agreement of both parties.  However, the Friend of the Court financial investigators may be called to testify about their report and recommendations.

Child Support Formula (Guidelines)

State and Federal law require that a Achild support formula@ be used by Friends of the Court and Prosecuting Attorneys when recommending appropriate child support amounts.  Child support must be stated in support orders in both weekly and monthly (4.35 weekly) amounts. 

In Michigan, a child support formula has been developed which considers both the non-custodial and custodial parent's income, as well as the custody arrangements of the children agreed to or ordered by the court, as well as reasonable medical and health insurance expenses.  The Aformula@ is updated on a recurrent basis, with the most recent changes being effective 10/1/04. 

For more information about the child support formula currently in use, you may contact either the Friend of the Court or your attorney.  A copy of the current formula may be available at your local library, or from an appropriate website. 

To obtain a copy of the current Michigan Child Support Formula Manual, contact: 

Department of Management & Budget

Office Services Division-Publication Section

P.O. Box 30026

Lansing, MI   48909                             The cost is $5.00

Michigan Child Support Guidelines online

Opting Out of Friend of the Court Services

By law, the Friend of the Court is required to open and maintain a Friend of the Court case for all domestic relations matters involving minor children.  The only exception to this requirement is when the parties, either in their initial pleadings or by separate motion, file a motion requesting that a file not be opened by the Friend of the Court, which may be done only when there is no history of domestic violence, and by agreement of the parties where neither party is eligible for IV-D services (on public assistance).  The Court must specifically order that child support will not be payable through the Friend of the Court, and that the parties are not eligible to receive any future services  to be rendered by the Friend of the Court.  (See MCL 552.505a).  In the rare cases where such an Aopt out@ order is entered by the Court, the parties themselves shall have responsibility for administering and enforcing the obligations imposed by the Court in any judgments or orders entered by the Court.

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Collection of Support 

Support payments and disbursements are now handled through the Michigan State Disbursement Unit (MiSDU).  All questions concerning payments and disbursements should be directed to MiSDU by calling (517) 676-5885.  The Ingham County Friend of the Court acts only as a Arecord keeper@, and as a Aenforcer@ when support payments are in arrears. 

When support is received by the MiSDU and is sufficiently identified concerning who is paid the support, and the persons for whose benefit the support is paid, the support must be forwarded within two days of receipt. 

Support is normally paid through income withholding; however, if you are paying directly because you are self-employed, or have no regular source of employment income, when you remit your payments to MiSDU, please include your case number on the payment voucher provided by MiSDU.  Do not send cash through the mail.

Direct Deposit

Direct deposit of your child support into your checking or savings account is available and encouraged!  This process of electronic transfer of funds to your account is the fastest and safest way to receive child support money.  Once you are signed up, your support check will be directly deposited, eliminating your need to go to the bank to cash or deposit your check.  A direct deposit form is attached to this Handbook (Attachment F) or is available at the Friend of the Court office, our web site:  www.ingham.org/FC/foc.htm, or from the IVR (Interactive Voice Response) line.

Debit Cards

After September 1, 2006 in Ingham County, if you do not have your child support payments directly deposited (above) into your bank account, your payments will be made only through a “debit card”.  Child support will be automatically sent to your debit card account.  The debit cards may be used at stores, business & restaurants the same way a bank card may be used - - if the business accepts Visa.  In some cases there may be a transaction fee for use of your Debit Card. (See Attachment G).

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                                                     SUPPORT ENFORCEMENT

Rules for Distributing Child Support Payments

The new Michigan Child Support Enforcement System allocates payments to cases based on federal law.  This means that child support payments are Ashared@ among all of a payer=s cases in the state, in proportion to unpaid current support and arrearage balances, even if a payment is designated for only one case by an employer or an individual.

When payment is received from a payer or an employer, the computer system looks at the amount owed on all cases and determines the distribution of the payment according to federal law.  If a payer has more than one case, distribution can become quite complicated.

Here are some common ways that child support can be distributed:

1.                  A payer has ONE case and sends LESS than the current support owed

If the family is not receiving public assistance, the money is distributed to the family for current support.  Nothing is sent to the state or for fees.

2.                  A payer has MORE THAN one case and sends the current support owed or LESS

The system looks at all of a payer=s open cases and money is distributed among the cases proportionately.

Example: A payer is ordered by the court to pay $60/month on Case 1 and $40/month on Case 2.

3.                  A payer has MORE THAN one case and sends MORE than the current support owed

Current support is paid first to all cases.  Arrears owed to families not on public assistance are paid next.  Monies are then paid on state arrearages.  Fees are paid last.

Example: A payer is ordered to pay $60/month on Case 1 and $40/month on Case 2.  The family in Case 1 is on public assistance.  The family in Case 2 is not receiving public assistance.  There is an arrearage on Case 1 of $100.  There is an arrearage on Case 2 of $75.  The payer makes a $200 payment.

B          $60 is paid to the state for current support on Case 1 (because the family in Case 1 is on public assistance); $40 is paid to the family for current support on Case 2 (because the family in Case 2 is not on public assistance).

B          $75 is paid to the family for arrears on Case 2 (because the family in Case 2 is not on public assistance).

B          $25 is paid to the state for arrears on Case 1 (because the family in Case 1 is on public assistance).

FOR A FURTHER EXPLANATION OF SUPPORT DISTRIBUTION, SEE “ATTACHMENT B” TO THIS HANDBOOK

Enforcement of Support Orders

The Friend of the Court has many options available to enforce support orders.  These options include:

 1.         Income Withholding Orders 

Based upon requirements of Federal (U.S.) Law, an income withholding order requires the payer's (person required to pay support) employer (or other source of income) to withhold support from the payer=s paycheck.  All support orders issued in the State of Michigan must provide for an order of income withholding which takes effect immediately unless MCL 552.604(3) is complied with exempting the order from withholding.

 2.                  Interstate Actions 

When a payer can be located and lives out of state and is behind in his or her support payments, the Friend of the Court may begin an interstate income withholding action.

In order for a Friend of the Court office to start an interstate income withholding action, it must have the following information: 

(A)       Name, address and social security number of payer.

(B)       Name and address of payer's employer or other source of income.

 3.         Show Cause Hearings/Contempt 

If an order for income withholding is not effective and support is not paid on time, the Friend of the Court may begin a civil contempt proceeding by filing a petition with the court for an Order to Show Cause.  An employer who fails to deduct and remit sums from the payer=s paycheck may also be found in contempt of court. 

A Show Cause hearing held in the matter is initially heard by a Referee or other representative at the office of the Friend of the Court.  If arrangements satisfactory to the Friend of the Court are not made by the payer, the matter will be taken to the Judge, who will decide whether the person is in contempt and what action should be taken.  The Judge may order immediate or future payment, or the payer may be incarcerated until a stated sum of money is paid, and costs may be ordered.

Once the court issues a bench warrant, the responsibility for the payer's arrest lies with law enforcement agencies.  When arrested, the payer will be required to post bond and to pay costs associated with the issuance of the bench warrant.

 5.         Court Service Officer 

The Ingham County Friend of the Court has a Court Service Officer whose major duty is to work with law enforcement agencies to locate and arrest persons who have outstanding bench warrants.  In 2005, the Court Service Officer and Friend of the Court, with the assistance of local law enforcement, arrested over 400 persons.

 6.         Tax Intercepts 

If back child support is owed, the State Child Support Enforcement System (MiCSES) will automatically request an income tax intercept.  A tax intercept is where any tax refund (federal and state) owed to a payer is sent to MiSDU and applied to back child support.  (Note:  There are often delays in this process due to the federally imposed confidentiality of tax information). 

7.         Liens

           In some cases, the Friend of the Court may be able to obtain a lien on a payer's property, or upon an “expectation” the payer might have, i.e. lawsuit, workers compensation claim, estate of a deceased relative, etc. As of August of 1988, Michigan law provides that a lien in the amount of past due support shall automatically exist against the support obligator=s real and personal property if it can be identified and located.   If you have information about property or a claim, contact the Friend of the Court.

 8.         License Suspension 

For payers with an arrearage of two or more months of support, the Friend of the Court may initiate action to have occupational, sporting, or drivers licenses suspended.  A payer can avoid a license suspension by showing that there is a mistake regarding the amount of the arrearage, or by entering into an agreement accepted by the Court for the payment of the arrearage.  

9.         Consumer Reporting

 The Friend of the Court must report to a consumer reporting agency the arrearage amount for each payer with two or more months of support arrearage.  Lenders will often obtain a credit report from a consumer reporting agency when deciding whether to extend credit.  If the credit report shows a history of untimely support payments or a large arrearage, the report may result in a denial of a loan or other credit.

        10.       Felony Prosecution

Intentional failure to pay child support is a felony under Michigan criminal law.  Cases of willful failure to pay support when there is ability to pay, will result in referral for prosecution.  Both the Ingham County Prosecuting Attorney and the State Attorney General=s Office have active programs of felony child support enforcement!  This is an extremely undesirable alternative for a payer, and can be avoided by making and keeping an agreement to make appropriate payments.

11.       Cash Bonds

In some cases where there has been a pattern of non-payment and the payer has assets, the Friend of the Court may obtain an order from the Court requiring a cash bond be posted for future payments.

12.        Fraudulent Conveyances

 If a support arrearage has accrued and there is reason to believe that the payer transferred title or ownership of real or personal property without fair consideration, the Friend of the Court may obtain an order requiring payment of the arrearage, or may initiate proceedings to have the transfer set aside and the assets seized.

 Statutory Service Fees 

Michigan law requires that Friend of the Court charge the payer of support a fee on all child support orders to partially off-set administrative costs.  The current fee is $42.00 per year, $24.00 of which is payable to the Friend of the Court, and the balance payable to the State Court Administrative Office and the Office of the Attorney General.   The fee is not allocated against the payee, and must be paid separately by the payer.  Starting in 2007, however, congress has provided for a new fee of $25.00 per year for anyone who receives more than $500 per year in support.

Surcharge on Over-Due Support

Until July 1, 2005, the State levied an annual surcharge of 8% on all support payments that were past due as of January 1st and July 1st of each year.  Since 7/1/05, the surcharge is fixed at  the Aprime interest rate@ plus 1%, as determined by the State Treasurer.

Any amounts due the State of Michigan for any period of time that the children and custodial parent received TANF (see Glossary) or FIP benefits, will also incur a surcharge payable to the State.

Automatic Support Enforcement

The Friend of the Court is required to automatically begin enforcement action against a parent paying support who owes support in an amount equal to four weeks of payments.  This is to be done without waiting for a complaint or request for enforcement from the person receiving support.

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 Modifications of a Support Orders

The Friend of the Court is required by state law [MCL 552.517b(1)] to review support orders as follows: 

1.         Not less than once every three years if the children for whom support is being paid are receiving public assistance.

2.         When, on its own finding or initiative, the Friend of the Court office determines that the amount of the child support order should be changed.

3.         Upon a written request from a party, made not more than once every three years.

4.         When a party files a Motion alleging a substantial change in circumstances.

The office must complete its support review within 60 days, when feasible, and make a copy of its recommendations available to the parties or their attorneys.

If the office finds that an increase or decrease is appropriate, the Friend of the Court will petition the court for a change in the child support amount.

 QUESTIONS AND ANSWERS REGARDING SUPPORT 

1.         How do I get an order for support?

A petition requesting the court to grant an order for support must be filed with the court.  If both parties agree and sign an agreement (stipulation and consent agreement), that agreement will be entered as a support order if it is approved by the court.

 2.         Do I need to have an attorney to get an order for support?

 It is not required that you have an attorney to file a petition for support in a divorce action.  However, an attorney may be helpful when filing papers and following specific rules.  For paternity and family support actions, the Prosecuting Attorney can assist you with the filing of a petition for support.

 3.         Does the Friend of the Court and the Judge have to use the Child Support      Formula or the Friend of the Court recommendations when setting support orders? 

The Child Support Formula and the Friend of the Court recommendation are used to assist the Judge in making a decision concerning support amounts.  The Friend of the Court, your attorneys, and the Judge must follow the guidelines unless they establish a clear reason why the child support formula is unjust or inappropriate, and that a Adeviation@ therefore best meets the needs of the child.              

4.         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 orders of the court, with separate enforcement procedures (See parenting time enforcement section).

5.         The non-custodial parent is not paying support.  What can I do?

Contact the Friend of the Court, preferably in writing, and request enforcement if the back support equals payments of four weeks or more.  You may also contact an attorney to file an enforcement action.

 6.         The payer of support is self-employed and not making his or her support payments.  What can the Friend of the Court do?

Income withholding orders are not usually effective when a payer is self-employed.  In these cases, the Friend of the Court may seek enforcement using one or more of the following options.

(1) Petitioning the court for a show cause hearing.

(2) Submitting the payer's name for tax intercept.

(3) File a lien on the payer's property. 

Contact your Friend of the Court office for further information concerning these options. 

7.         My court order states that I am to pay support through the MiSDU.  Can I pay the support to the custodial parent directly. 

NO!   Support is paid through the MiSDU in order that an official record of payments is maintained.  It is done for the protection of both parties and the children.  After 10/1/04 credit will not be given for child support paid directly, except for periods before the support order is signed by the Judge. 

8.         If child support has been ordered by the court and either parent has a major increase or decrease in income, what can be done?

The Michigan Child Support Guidelines require the Friend of the Court to consider both parent's income when making child support recommendations. 

If either party has had a large increase or decrease in income, they may wish to contact the Friend of the Court to request a review of the support order (see Support Modification Section).  Either party may also file a motion with the Court if there has been a significant chance in circumstances.

 If the payer and payee can mutually agree to a change in support order, and sign a written agreement (stipulation and consent agreement), that agreement will be entered as an order, if approved by the court.

 9.         If I am receiving public assistance, do I still get child support?

No.  All child support payments paid while you are receiving public assistance must be sent by MiSDU.  If the payer is making payments, you are entitled to receive from DHS up to the first $50.00 of any child support paid each month.  If you have questions about this program, contact your local DHS support specialist. 

10.       Is the Friend of the Court responsible for making sure that child support money is being spent on the child?

The law does not give the Friend of the Court the right to question how child support payments are spent.  It is presumed that the custodial parent is making reasonable efforts to meet the child=s needs.

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 MEDICAL ENFORCEMENT

Medical Insurance 

The Friend of the Court enforces the orders of the Court.  If your order does not require one or both parties to carry health insurance, then contact the Friend of the Court Medical Department for inclusion of a health insurance clause.  The only exception would be if your order is not a final order.  If that is the case, you should contact your attorney for inclusion of a health insurance clause in the final court order.  Each party is required by law to keep the Friend of the Court informed of any health care coverage that is available to them as a benefit of employment or that is maintained  by them, the name of the insurance company, health care organization or health maintenance organization; the policy, the certificate, or contract number; and the names and birth dates of the persons for whose benefit they maintain health care coverage under the policy, certificate or contract.

The Friend of the Court does not determine the level or amount of health care coverage or the insurance company.  The Friend of the Court only assists in obtaining health insurance on the minor child(ren).

Health insurance may become a problem when the parent that carries the insurance wants to change the insurance company.  Many problems can be prevented by the parent notifying the custodial parent of any proposed changes, and the dates thereof.  Discussions between the parents are encouraged to determine if the change is best for the child(ren) and if the current health care provider(s) will accept the proposed insurance.  If the health insurance for the child(ren) is changed, new insurance cards and information must be forwarded immediately to the custodial parent.  

Each parent is obligated to comply with the Court=s Order and provide the other parent with:

1.                  An insurance card;

2.                  Copies of insurance information and forms necessary to submit claims;

3.                  Copies of all determinations made as to the claim previously submitted.

If there is a dispute over coverage, either party may request that the Friend of the Court conduct a hearing before a referee.  Please contact the Medical Department if you have any questions in this area. 

Uninsured Medical Expenses

The Friend of the Court can help you in collecting uninsured medical expenses if your court order requires one of the parties to reimburse the other party for uninsured medical expenses.  Over-the-counter medications are expenses that are not enforced by the Friend of the Court.  These costs are included in the weekly child support amount.  Other expenses not enforced by the Friend of the Court are those expenses not diagnosed or provided by medical personnel.  For example: special reading classes or learning programs that may have been recommended by a medical person, but are administered by educational personnel, are not covered. 

Insurance premiums are generally not considered expenses that can be collected through the Friend of the Court unless your court order requires specifically that the other party pays all or part of health insurance premiums. 

The following have been determined to be professions whose bills for services can be enforced as medical expenses through the Friend of the Court: chiropractors, dentists, oral surgeons, orthodontists, prosthedontists, periodontists, endodontists, pedodontists, dental hygienists, dental assistants, medical doctors, physician=s assistants, registered professional nurses, licensed practical nurses, trained attendants, optometrists, osteopaths, pharmacists, physical therapists, physiotherapists, psychological assistants, psychological examiners, clinical social workers and providers of prosthetic devices. 

Many times enforcement is not necessary by the Friend of the Court if the custodial parent discusses with the non-custodial parent the need for medical treatment.  The sooner the non-custodial parent becomes involved in the decision process, the less enforcement is necessary, and the less cost, in dollars, time and effort for all parties.  The Friend of the Court and the Ingham County Family Division Judges always require the parents to talk together about their childrens= health related issues. 

The parent who requests payment of uninsured medical costs should present (send copies of the bills) expenses to the other parent within 30 days of the bills being incurred.  If there is no response within a reasonable time, or if the response from the responding parent indicates an unwillingness to honor the bills, you should contact the Friend of the Court Medical Department to receive a Demand for Medical Payment form.  The Friend of the Court will send you a Demand for Medical Payment form with instructions.  The Friend of the Court will only collect on uninsured medical costs that are less than one (1) year old.  Please carefully check the dates that the medical bills were incurred.  Don=t wait to submit Demands.  

The Friend of the Court Medical Department will process Demands for Medical Payment to insure compliance with the court order.  This may include contacting each parent to see if an agreement can be reached, contacting insurance providers, contacting medical providers and/or scheduling a hearing.  If a hearing is scheduled, please have copies of your Demand for Medical Payment and accompanying bills with you to explain the reasonableness and the necessity of the medical treatment.

PARENTING TIME ORDERS

REASONABLE RIGHTS OF PARENTING TIME

It is presumed in each case that it is in the best interest of the child(ren) to have a strong relationship with both parents.  If your court order or judgment does not set forth the parenting time rights and obligations of the parties, the parties are encouraged to reach agreement on parenting time, using the “Reasonable Rights of Parenting Time” (set forth in Attachment D) as a guideline for agreement.  If unable to reach an agreement, either party may file a motion to establish parenting time, which  will be referred to the Ingham County Friend of the Court for resolution and recommendation to the  Court.  Assistance in preparing motions for, or objections to, parenting time may be obtained through private counsel or by attendance at the monthly FOC General Informational Meeting.  (See page 30). 

Parenting Time Enforcement

The Friend of the Court normally initiates enforcement proceedings when it receives a written complaint stating specific facts (including dates, times and reasons given), about an alleged denial or abuse of parenting time, and when the Friend of the Court determines that there is reason to believe the court's order has been violated.  This includes the failure, without adequate notice, of a parent to exercise parenting time.  A copy of your complaint should be sent to the other party.

Parenting Time Complaints – The parent who has been denied parenting time must submit a written parenting time complaint in the form of an affidavit to the Friend of the Court within 56 days of the date of denial.  The Friend of the Court will review the complaint and court order prior to sending it to the alleged offending parent for a response.  The other party has 21 days to respond to the allegations regarding denial.  Parenting time affidavit forms are available at the Friend of the Court office or on the website.

If the Friend of the Court has reason to believe that the parenting time order has been violated, and if the parties do not resolve their differences with the assistance and direction of the Friend of the Court, the Friend of the Court may do one or more of the following:

(A)              Hold a parenting time conference with the parties;.        

(B)              Apply the local make-up parenting time policy (contact the Friend of the Court for more information about its policy)

(C)       Begin a civil contempt proceeding by filing a petition for an order to show cause.

(D)              Recommend sanctions against a party for the violation.

Supervised Parenting Time

Sometimes when a parent has been physically or emotionally separated from a child, it is necessary for there to be a degree of “supervision” in helping to rebuild the closeness and trust that needs to exist in a parenting/child relationship.  The Ingham County Family Division Judges have provided programs to assist in their endeavor.  Please see the options contained in Attachment E, and/or discuss with your caseworker or Parenting Time Advocate. 

QUESTIONS AND ANSWERS REGARDING PARENTING TIME

 1.         My parenting time order states I have "reasonable parenting time rights."  What does this mean?

This means the parents have the responsibility for setting up a mutually agreed upon schedule for parenting time, which is reasonable under the circumstances.  If you cannot mutually agree to a parenting time schedule, the Ingham County Family Division Judges have adopted the Reasonable Rights of Parenting Time policy attached to this Handbook as Attachment D. 

2.         I have a specific parenting time schedule that I need to change.  What can I do?

If you need a temporary change in your parenting time schedule, first contact the other parent to discuss making other arrangements. 

If you need to make a permanent change,

A)        See if you and the other parent can agree to a change (stipulation and consent agreement).  Remember -- mutual accommodation for the sake of the children should always be the rule!

B)        The Friend of the Court can provide parenting time/conciliation services, if both parties agree to participate.

C)        File a petition with the court clerk for a change in the court order on your own behalf or contact an attorney to help you file the petition.

D)                Attend an Informational Meeting to learn how to file a petition for modification. 

3.         If the parent exercising parenting time is not making regular child support payments, do I have to allow parenting time?

YES!  Parenting time and support are separate orders of the court, with separate enforcement procedures (see support enforcement section). 

4.         The other party is not following the parenting time order (i.e., children not ready for parenting time on time; children are picked up and/or returned late.)  What can I do?

Discuss issue with the other party.  If no improvement, file a written complaint with the Friend of the Court office, sending a copy to the other parent.  If the Friend of the Court determines that either parent has violated the parenting time order, they have the responsibility to proceed with enforcement (see Parenting Time Enforcement Orders).  Most Judges would consider anything more than one-half hour tardiness to be a violation of the court order, unless excused because of special circumstances.

5.         Clothing is not sent for or returned from parenting time.  Is there anything the Friend of the Court can do? 

Unless your court order states each parent's responsibility for clothing, the Friend of the Court does not have any enforcement power.  Suggestion: Most judges will indicate that clothing belongs to the children, not the parents.  Older children are responsible for their own clothing.

6.         Do I have to let my children go for parenting time if it appears that the parent exercising parenting time has been drinking or using drugs?

Any denial of parenting time is a violation of the order.  You may be ordered to explain to the Judge at a contempt hearing why you disobeyed the court order.  Full substantiation of your allegation of substance or other abuse will be essential.  If you believe that the health and safety of your children require that parenting time should not be taking place as ordered then it is your responsibility to petition the court for a change in your order to restrict the parenting time.

7.         I am concerned about the other parent discussing changes in the court order with the children.  What can the Friend of the Court do? 

Unless your court order forbids such discussions, the Friend of the Court has no enforcement power.  (However, see AOur Kids@ section, above, Page 1).

 8.         The Friend of the Court has refused to enforce my parenting time order.  What can I do? 

The law requires the Friend of the Court to enforce parenting time orders where there is clear evidence of violation.  (But the parties must bear the responsibility of cooperating.)  If the Friend of the Court refuses to take appropriate action, you may file a Motion and be heard by the Court.

9.         Does the Friend of the Court have a responsibility to investigate alleged abuse and/or neglect of a child?

The Friend of the Court does not have responsibility to investigate child abuse or neglect.  Allegations of abuse or neglect should be reported to the Child Protective Services unit of your local DHS.  However, if the Friend of the Court gains evidence of child abuse, it must report it to Child Protective Services.

 10.       I have a parenting time order, and my child does not want to follow the parenting time order.  What can I do? 

The parents of the child are bound by the court order.  However, you may consider one or more of the following: 

A)        You may want to see if you can work out a different parenting time arrangement with the child and the other parent.

B)        You can file a petition with the court clerk requesting a change in your parenting time order, or requesting enforcement of the order.

C)        You can request that the Friend of the Court enforce your parenting time order (See Parenting Time Enforcement Section).

PARENTING TIME GUIDELINES

*          Children are to be packed and ready to go for parenting time at the appropriate time, and they are to be returned on time with clothing intact.

 *          Failure to pick up the children within one half hour of the scheduled time can be considered forfeiture of that parenting time, unless prior arrangements have been made for a later or earlier pick up time.   Parenting time lost due to your own neglect can never be regained.  Don=t disappoint your children or leave them waiting for you.

 *          Parenting time is to be between the parent exercising parenting time and the child(ren). It is the responsibility of the parent exercising parenting time to provide child care should the parent have to work or have other appointments, etc.

 *          During a person’s parenting time, that parent is responsible for all routine decisions affecting the child(ren). 

*          Children have the inherent right to know and appreciate what is good in both parents without one parent degrading the other or being placed in a position to manipulate one parent against the other. 

*          If parenting time is wrongfully denied or abused the Friend of the Court must be notified in writing within fifty-six (56) days of the denial or abuse if make-up parenting time is requested.

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 ALTERNATIVE DISPUTE RESOLUTION SERVICES

 Conciliation

The Ingham County Friend of the Court offers a procedure called Conciliation.  It is a conference that is held with the parties and a trained conciliator from the Friend of the Court office.  It is designed to help parties more quickly resolve disputes of child custody, parenting time and support issues.  The trained conciliator first attempts to use medication techniques to help the parties resolve disputes.  Unlike mediation, however, conciliation is not a voluntary process, but is required by the Court.  If the parties reach an agreement, the conciliator will prepare an order reflecting that agreement.  In the event the parties cannot reach agreement on the disputed issues, the conciliator will prepare a recommendation to the Court on the disputed issues.

If this is a new case, the Court will immediately enter the conciliator=s recommendation as a temporary order.  If either party objects to that recommended order, they may have a referee hearing by filing objections within 14 days after they receive the order.

If there already is a court order in the case prior to the conciliation, the Court will not immediately enter the recommended order.  The Court will wait at least 21 days before entering the order to give the parties an opportunity to file objections to the recommended order.  If objections are filed within the 21 days, a referee hearing will be held.  Even if an objection is filed, the Court=s most recent order remains in full effect until and unless the Court modifies it so that support, custody and parenting time orders continue as legally binding on all parties.

Court Rule Domestic Relations Mediation

The Court may refer family matters to mediation under Michigan Court Rule MCR 3.216.  This referral may occur when the parties agree to mediation, upon written motion of one of the parties, or upon direction of the Court.  In Ingham County all domestic relations cases involving property issues are referred to mediation; however, formal mediation is not usually utilized for resolving custody and parenting time issues, unless the parties agree to such a procedure.

Mediation under the court rule must be conducted by an attorney who has at least five years of experience in law, and a great deal of experience in family law matters.  Mediators in Ingham County are respected and well-trained, and this is a most useful process for resolving domestic disputes.

Parties must attend the mediation sessions, and may be accompanied by their attorneys.  Any information shared with the mediator is considered privileged, and the mediator may not disclose this information during any future proceeding or trial. 

If an agreement is reached during the course of the mediation, that agreement will be reduced to writing and signed by the parties and their attorneys.  The parties must then take the necessary steps to have the mediation agreement entered as an order of the Court.

If no agreement is reached during mediation, then within 21 days the mediator may prepare a report to the parties, their attorneys and the mediation clerk summarizing the essential facts and include any recommendations on the issues.  The mediator may not make a recommendation on custody, unless the parties resolve the custody issue during mediation. 

If the parties are not able to reach an agreement, or either party rejects the mediator=s recommendation, the case will go to trial.  The Court may not take the mediator=s report and recommendation into consideration at trial.

AN INDIVIDUAL WHO PERFORMS COURT RULE MEDIATION IS ENTITLED TO REASONABLE FEES, WHICH ARE USUALLY DIVIDED EQUALLY BETWEEN THE PARTIES.

Arbitration/Binding Mediation 

The parties may agree to binding mediation, or arbitration, which may be conducted either by an individual or by a panel.  The arbitrator(s) will consider the parties= issues and may consider the input of witnesses.  If the parties cannot agree on issues, the arbitrator will make a determination based upon the information available.  That determination is binding upon the parties, unless the Court vacates the arbitrator=s decision based upon evidence the arbitrator was biased, exceeded his or her power, refused to hear evidence or was otherwise prejudiced.  The arbitrator=s decision will be submitted to the Court and entered as a final order of the Court.  If the arbitrator=s decision is not vacated it will be enforced by the Court in the same way as any other order of the Court.

                                                              MISCELLANEOUS

 Access to Friend of the Court Records

Pursuant to Michigan Court Rule 3.218, a Friend of the Court file is not a matter of public information.  Parties, or their attorneys will, however, be given needed access to all information in the Friend of the Court records that is not confidential.  Confidential information is defined by the Michigan Rules of Court to mean staff notes, DHS Protective Services reports, formal mediation records, communications from minors, Friend of the Court grievances filed by the other party, and all information classified as confidential by Title IV-D of the Social Security Act.  A parties= address or other information is not confidential unless the release is prohibited by a court order because there is a history of domestic violence in the case. (See provisions hereafter).  The Friend of the Court may charge reasonable costs for copying any records; however, you have a right to have access to a payment history at least once per year if the State controlled MiCSES system can produce such a document.

Access to Other Records

Michigan law provides that a parent who has legal or joint legal custody has the right to access certain records or information about his or her child regardless of the physical custody arrangements.  Records or information which may be accessed include medical, dental and school records, day care provider records, and notification of meetings regarding the child=s education.

The Friend of the Court has no authority to enforce this law against schools or health care providers who refuse to provide the records.  You may wish to contact an attorney if you are denied access to this information. 

Domestic Violence/Personal Protection Orders 

Domestic violence or abuse will not be tolerated in Ingham County.  Both statutes and court rules prohibit assaultive conduct, threats, harassment, intimidation and stalking of domestic partners (or former partners).  Ingham County provides a Personal Protection Office, currently located on the 3^rd floor (3R) of the Grady Porter Building, 303 W. Kalamazoo Street, Lansing, Michigan, phone number (517) 483-6545) where the victim of domestic violence can receive assistance.

See the list of Community Resources (Attachment I). 

Other agencies offering assistance are:

 *          Legal Aid of Central Michigan, 3490 Belle Chase Blvd, Lansing, Michigan 48910, phone number (517) 394-3121 or toll free (800) 968-0044

*          Council Against Domestic Assault, phone number (517) 372-5572

*          Ingham County Prosecuting Attorney=s Office, (517) 483-6108

*          Your Local Police Department

 Child Abuse 

Allegations of  child abuse -- either physical or sexual -- are very serious allegations under Michigan law, and are not to be made lightly.  However, if you believe that you have an appropriate factual basis, preferably with medical support or other witnesses, then allegations of physical or sexual abuse should be made to: a) your local police department, and b) Child Protective Services, phone number (517) 887-9450.

                              QUESTIONS REGARDING MISCELLANEOUS ISSUES

Change of Domicile

1.         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? 

If the parties mutually agree to a change of domicile, they can request a form called AOrder Allowing Change of Domicile@ from the Friend of the Court.  Both parties must sign the form and return it to the Friend of the Court.  We will forward it to the Court for approval.

If the parties cannot mutually agree on a change of domicile, they have the following options:

A)        Contact the other party to see if he or she will agree to private mediation.

B)        File a petition on your own behalf or contact an attorney to help you file the petition.  The matter may then be referred to the Friend of the Court for either a conciliation or referee hearing, prior to a judicial hearing.

Notification to the Friend of the Court, or filing a petition, does not allow you to move from the state prior to a court order being entered.

Note: A recent amendment in Michigan law provides that a party moving more than 100 miles from the child=s legal residence at the time of the commencement of the divorce action, shall only do so with permission of the Court, unless the parties otherwise agree.  (See MCL 722.31).   

Written Orders Only

 2.         Why won't the Friend of the Court enforce what the Judge said in court, even it if it not in the written order?

The Court speaks only through written orders.  The Friend of the Court enforces only the written orders.  If you feel that the written order is incorrect, you may want to order a transcript of the hearing from which the order was established.  If you feel the order does not agree with the transcript, bring your concerns to the attention of the person who prepared the written order and request a change.  You can also file a motion with the Court asking the court to correct the written order. 

Property Settlement

3.         Can the Friend of the Court enforce the property settlement provisions contained in my Judgment of Divorce? 

NO!  The Friend of the Court enforces custody, parenting time, medical and support orders.  The Friend of the Court does not have the power to enforce property settlement orders.

 Referees

 4.         What is a Friend of the Court referee and what can they do?

 A referee is a person who takes testimony, makes findings and decisions based upon facts, and makes recommendations to the Court.  A referee can be either the Friend of the Court or an attorney employed by the Court. 

The Chief Judge of a circuit court may appoint a referee to hear any domestic relations matter (except an increase or decrease of spousal support).

 The findings of a referee are recommendations to the Court, and are not final until signed and approved by a Judge.  These recommendations may be immediately effective subject to later judicial determination if a party files an objection.  State law requires that any written report and recommended order made by a referee must be immediately sent to the parties and their attorneys.

If a party disagrees with a referee's recommendation, he or she has the right to a hearing before the Court.  This hearing must be requested in writing within 21 days after receiving the referee recommendation (request for a hearing on an income withholding order must be made within 14 days).

Parent Locator 

5.         What can the Friend of the Court do to find a missing parent? 

The state and federal government have set up a parent locating service which can be used to:

A.        Locate a parent to collect child support;

B.         Locate a parent for deciding or enforcing a child custody matter;

C.        Locate a parent in cases of parental kidnapping.

The Friend of the Court, Prosecuting Attorney and DHS support specialist can ask to use this service.  The full name, date of birth, social security number, and last known address of the parent to be located are required.  The process, however, can take time and does not guarantee a result.

Adoptions

6.         What happens to my child support order and any support that may be owed when children covered by an existing support order are adopted by another person?

Adoptions take place in Family Division Circuit Court.  The Friend of the Court must be provided copies of all adoption orders.  The child support order stops only when the Judge signs the adoption order.  The Friend of the Court is required to collect all support owed at the time of the adoption.  Contact the Friend of the Court to make arrangements to pay any sums owed.

COMPLAINTS AND GRIEVANCES ABOUT THE DOMESTIC

RELATIONS LEGAL SYSTEM 

MiCSES – Complaints

Anyone having a complaint concerning the operation of the MiCSES system, or other state-wide services of actions that should be performed by the State of Michigan Office of Child Support (not your local Friend of the Court), may send the complaint to:

            Michigan Department of Human Services

            Office of Child Support

            Attention: Complaint Review Department

            235 S. Grand Avenue, Suite 1215

            P.O. Box 30478

            Lansing, MI   48909-7978

Friend of the Court - Complaints

If you have questions about the enforcement of support, parenting time or medical payment provisions of your divorce judgment, you may inquire either in writing or orally concerning your questions.  A Acomplaint= concerning lack of enforcement of any of the Court=s orders, is not a formal grievance; however, your written complaints will be answered promptly by the appropriate staff of the Friend of the Court.  Please give them time to respond!

Grievances

How do I file a grievance against the Friend of the Court?

The law provides a grievance procedure that a party can use when they have a serious concern about Friend of the Court operations or employees.  A grievance may not be used to disagree with a decision of a Judge or referee, or to object to a Friend of the Court recommendation.

A.        You can grieve an issue in three ways:

(1)        by filing a grievance form, which you can get at your Friend of the Court office;

(2)        by stating your concerns in writing to the Friend of the Court in which you clearly identify your letter as a grievance.

(3)        by filing a grievance with the Citizens Advisory Committee.

B.         The Friend of the Court must investigate and answer your grievance within 30 days.

C.        If you do not agree with the Friend of the Court answer to your grievance, you can file a further grievance, in writing, with the Chief Circuit Court Judge.

D.        The Chief Circuit Court Judge must investigate and answer your grievance within a reasonable period of time.  The Friend of the Court Grievance Procedure ends with the response of the Chief Circuit Court Judge.

Court Orders - Appeals

How do I file a complaint about my court orders?

Court orders are not covered under the Friend of the Court Grievance Procedure.  Contact your attorney to discuss your legal options, such as a motion for re-hearing or the filing of an appeal with the Michigan Court of Appeals.

Judges

How do I file a complaint about the conduct of the Judge?

The Judicial Tenure Commission was constitutionally created to review grievances about alleged misconduct of a judge.  Anyone who has serious concerns about the conduct of a judge can contact:

Judicial Tenure Commission

Cadillac Place Building

3034 W. Grand Blvd, 8^th Floor, Ste. 456

Detroit, MI   48202

Telephone:        (313) 875-5154

 

Complaints concerning your court orders should not be sent to the Judicial Tenure Commission.  The Judicial Tenure Commission is not an appellate court and cannot change the content of a court order.

Attorneys 

How do I file a complaint about my attorney?

The Attorney Grievance Commission was created to investigate alleged misconduct of Michigan attorneys.

Anyone who has serious concerns about the behavior of an attorney can contact:

Attorney Grievance Commission

Marquette Building, Ste 256

243 West Congress Street

Detroit, MI  48226-3259

Telephone: (313) 961-6585

 

                        SPECIAL SERVICES OFFERED BY THE INGHAM COUNTY

                                                     FRIEND OF THE COURT

 

Circuit Court Family Counseling Service/Evaluation

Under certain circumstances the Family Division and the Friend of the Court utilize the services of private therapists as impartial examiners to conduct psychological evaluations, which may provide the Court with information so that a decision can be made as to what type of custody or parenting time arrangement is in the best interest of the child(ren).

Counseling

The Court sometimes orders parties to participate in counseling.  The role of the Friend of the Court is to monitor compliance with those orders and, if necessary, bring the matter back before the Court for enforcement action. 

Substance Abuse Assessment

The Court sometimes orders the parties to undergo substance abuse assessment and/or substance abuse testing.  Such orders are mandatory, and the failure to follow the court=s order can effect the parties= status before the Court.  The Friend of the Court is to monitor compliance with these orders, and if necessary bring the matter back before the Court for enforcement action.

FOCUS ON CHILDREN