foc handbook

7/31/2019 FOC Handbook

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PREFACE

A divorce is a difficult time for both parents. But

divorce through the eyes of a child is not only difficultbut traumatic and confusing. Divorcing parents mainconcern should be the physical and emotional wellbeing of their children. Decision making should bedone only in the childrens best interest, taking intoconsideration the inherent rights of each child:

l. The right to be treated as important human beings,with unique feelings, ideas, and desires and not asa source of argument between the parents.

2. The right to a continuing relationship with bothparents and the freedom to receive love from andexpress love for both.

3. The right to express love and affection for eachparent without having to stifle that love because offear of disapproval by the other parent.

4. The right to know that their parents decision todivorce is not their responsibility and that they maylive with one parent and visit the other parent.

5. The right to continuing care and guidance fromboth parents.

6. The right to honest answers to questions about thechanging family relationship.

7. The right to know and appreciate what is good ineach parent without being placed in a position tomanipulate one parent against the other.

8. The right to have the custodial parent not under-mine visitation by suggesting tempting alternativesor by threatening to withhold visitation as punish-ment for the childs wrongdoing.

9. The right to be able to experience regular andconsistent parenting time and the right to know thereason for a cancelled visit.


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TABLE OF CONTENTS

Friend of the Court

Introduction .......................................................1Friend of the Court Duties ..................................1Communication Tips ..........................................3The Friend of the Court Interview ........................4Investigations .....................................................4Opting Out of All Services Offered bythe Friend of the Court .......................................5

Divorce MattersCourt Procedures ...............................................8Hearings ............................................................8Court Orders .....................................................9Alternative Dispute Resolution ...........................12Early Intervention Services ................................13Arbitration .......................................................13Your Family After Divorce .................................13Information About Custody, Parenting Time

and Support Payments .....................................14Custody ...........................................................14Custody Questions and Answers ........................15Parenting Time ................................................18Parenting Time Questions and Answers .............19Support ...........................................................26Child Support Questions and Answers ...............32Miscellaneous Issues .........................................34Complaints about Attorneys, Judges,or the Friend of the Court .................................36Glossary of Frequently Used Terms ....................38


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FRIEND OF THE COURT HANDBOOK

This handbook provides useful information about the

Friend of the Court and the child support enforcementprogram. The child support enforcement programwas created under Title IV-D of the Social SecurityAct. In Michigan this program is administered by theOffice of Child Support in cooperation with Friendof the Court offices. The Office of Child Support is

part of the Department of Human Services, and hasthe responsibility to administer Federal child supportprogram funds, coordinate location of absent parents,and manage the process for income tax intercepts.The Office of Child Support may also initiate actionsto have support orders entered under the Paternity

Act or the Family Support Act, and to have supportenforcement actions taken in another state.Children love both parents and most want their

parents to be together. When parents do not livetogether, children and parents alike may experienceanxiety which may cause anger, sadness and sor-row. Family structure and relationships are different,including the relationship between both parents andthe children, especially when changes involve differ-ent residences and a loss of family traditions. It is avery difficult time for everyone, which may worsenwhen parents do or say negative things to each other.Although all children when going through the divorceprocess will feel hurt and sadness, the parents, bycooperating together, can minimize the harm theirchildren will suffer.

Parents can help by establishing or maintainingchildrens regular routines, encouraging frequent andregular contact between children and both parents,and by being supportive of the other parents involve-ment in the childrens day to day life through partici-pation in school and other activities, and exchanginginformation regarding the childrens well-being.

While the husband-wife or significant other rela-tionship may end, the responsibility to be co-parentscontinues forever. Though your legal relationship mayend when your children become adults, your relation-ship as parents continues indefinitely. Your children


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will always want you both to be part of their lives, toattend high school or college graduation, to be at theirweddings, the birth of their children, and other majorlife events. They want to be able to proudly say thatdespite what mom or dad may have felt toward oneanother, they always treated each other with courtesyand respect and never put us (the children) in themiddle of their dispute.

Family law matters are difficult and painful. When afamily matter arises, the Family Division of the CircuitCourt has the responsibility to assist you to resolvethe concerns which affect your family. The FamilyDivision and Friend of the Court are aware of themany emotions which complicate the legal decisions

surrounding you and your children.Children need both parents. When you as parents

cooperate, you reassure your children that change willbe positive. You also build the foundation for your newparental relationship and responsibilities.

Livingston County Friend of the Court

Melissa A. Scharrer

revised 2008 edition


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FOR yOUR CONvENIENCE

Include this information when you phone or write

the Friend of the Court. Your case name and docketnumber will not change. Your case name is the nameof the male party. The reason for this is that the malelast name generally does not change, whereas thefemale last name can change through remarriage orrestoration of the maiden name. Your docket number

can be found on all court documents.My case name: _______________________________

My docket number: ____________________________

Livingston CountyFriend of the Court

The Law Center210 S. Highlander Way

Suite 3Howell, MI 48843

Telephone Number .......................(517) 546-0230Office Hours ......................Monday through Friday

8:00 a.m. to 5:00 p.m.


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FRIEND

OF THECOURT


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INTRODUCING THE LIvINGSTON COUNTy

FRIEND OF THE COURT

Your involvement with us may last more than 18 years...please learn what we do.

This booklet will tell you what we do .The purpose of this handbook is to provide per-

sons who have a domestic relations case in the CircuitCourt Family Division with helpful and accurateinformation regarding Friend of the Court duties andresponsibilities.

This handbook also discusses what parties mayexpect when the Court has issued an order for sup-

port, parenting time or custody. Any questions regard-ing procedures or requirements outlined here may bediscussed with Friend of the Court staff or with theattorney of your choice.

FRIEND OF THE COURT DUTIESMichigan law created the friend of the court system

in 1919. At least one friend of the court office serveseach circuit courts family division. The friend of thecourt has the following duties: When a childs parents cannot agree, or when

directed by the judge, to conduct an investiga-tion and to make recommendations to the courtregarding:

Custody. Parenting time. Child support, medical support, and

sometimes spousal support. In cooperation with the Michigan State Disbursement

Unit (MiSDU), to collect, record, and distribute sup-port payments as ordered by the court.

To help the court and the parties enforce orders forcustody, parenting time, and support.

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The friend of the court has no authority to do thefollowing:

Investigate abuse and neglect. Change an order. Investigate criminal activity. Give legal advice to either party.

Together with the Office of Child Support (OCS),

local friend of the court offices administer all aspectsof Michigans child support program. The Office ofChild Support is part of the Michigan Department ofHuman Services. OCS administers the child supportrequirements of the federal Social Security Act.

OCS also coordinates efforts to find absent par-

ents, oversees the Michigan State Disbursement Unit(MiSDU), and manages income tax intercepts andcertain other enforcement remedies.

What the Friend of the Court doesnt do...The name of our agency, Friend of the Court, con-

fuses the public. The word friend seems to implythat we are ready and able to assist with all court prob-lems. We are not. The Friend of the Court is limitedto handling specific areas of domestic relations casesheard by the Livingston County Circuit Court FamilyDivision. Those duties are defined by statute. We are

not able to give legal advice or to explain to you whyyour attorney is doing what he or she is doing. Relieffrom problems stemming from your divorce does notautomatically begin with the Friend of the Court.

When is the Friend of the Court involved in a case?

The Livingston County Friend of the Court will beinvolved in your domestic law case (such as divorce,paternity, custody, support action) if your case isheard by the Livingston County Circuit Court FamilyDivision and if there are minor children concerned.This involvement will continue until the youngest childturns 18 years of age and may last longer dependingon the orders of the Court or if support sums are stillowing after the youngest childs 18th birthday.

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COMMUNICATION TIPSIn this process of living with court ordered

obligations, it is important for you to do the following:l. Keep us informed. Write us your

change of address (please include social security number)change of name (please include social security number)

change of employmentchange of residence for your children (please include social security number)

2. Furnish promptly all information requested whenwe are making an investigation.

3. Keep your appointments with our office, or phonein advance to reschedule.

4. Reply to our notices.5. Comply with all Court orders.6. Read this booklet so you will understand how we

work. Any questions? Just ask.

How to write to the Friend of the Court...You will want important information to be recorded

in your file. To do this, you must communicate inwriting. Changes of address, employment or custodyarrangements are some examples of information thatneeds to be written to the Friend of the Court.

When writing please use full size writing paper (81/2 x 11). Include your case name, social securitynumber, address, case number, identity of the maleparty and your phone number if you can be reachedduring business hours. Our volume of mail is stag-gering, so please be patient if your correspondencerequires a reply.

Our address is printed on the back cover of thisbooklet. There is also space there for recording thenumber and name of your case.

How to call the Friend of the Court...If you must call, please begin by giving us the case

name. Our cases are filed by the name of the maleparty. Then identify yourself, be brief and to the point.Our receptionists can direct your call. We also have a24 hour voice response system to allow you to check

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payments, account balances, and disbursement ofchecks, leave messages, or request forms.

If you have questions or concerns about your case,you may wish to visit with the staff member assigned toit. While a pre-scheduled appointment is not required,it helps us to be better prepared to help you.

THE FRIEND OF THE COURT INTERvIEW

The Friend of the Court provides reports to the Court and must have an opportunity to hear from both sides. In custody, parenting time and spousal support matters this may involve an in-person interview.

Appointments for Interviews

If ordered by the Court, the Friend of the Court willinvestigate issues of custody and parenting time, orfinancial circumstances of the parties, and prepare awritten report and recommendation for the Court.

To complete the investigation, you may be sched-

uled for an appointment and will be notified by mailof the date and time.Your appointment letter will tell you what informa-

tion to bring to the interview. Information gathered atthe interview is used in preparing Friend of the Courtrecommendations in the areas of support, custody,

and parenting time. A decision as to what the rec-ommendation will be is not made at the time of theinterview.

INvESTIGATIONSInvestigations provide the Court with

additional information necessary to make appropriate decisions.

When does the Friend of the Court investigate?

The Livingston County Friend of the Court maystart an investigation as a result of a direct Order ofthe Judge or simply as a matter of routine review.Other investigations may be commenced because aPetition is brought before the Court concerning sup-port, custody, or parenting time.

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Supervision is continuous.The Circuit Court Family Division maintains contin-

uous jurisdiction over divorces that include minor chil-dren until all have reached the age of eighteen, andin some cases longer. During this period the Friendof the Court is required by Court Rule and Statute toexercise general supervision over the children. Fieldinvestigations are sometimes made to secure informa-

tion on the present condition of the children and theirenvironment. This does not mean that every action ofthe custodial parent will be monitored by the Friendof the Court.

The Friend of the Court may ask you to releaseschool records or medical records. This informationwill be used to enable a more complete investigation.During the course of a home investigation you willbe asked to display the areas where the children willsleep and play. You will be asked various questionsdealing with all aspects of the welfare of the children.Please bring up any additional factors that you feel aresignificant.

The nature and scope of a Friend of the Courtinvestigation will depend on the nature of the matterbefore the Court or the seriousness of the complaintor allegation.

OPTING OUT OF ALL SERvICES OFFEREDBy THE FRIEND OF THE COURT

Parties who agree that they do not need the friendof the courts services do not have to use them. Theymay file a joint request to opt out and, if the courtapproves, they may deal with each other directlyinstead of using the friend of the court as an inter-mediary. Before the court may approve a request toopt out, the parties must sign and file a documentthat summarizes the friend of the courts services andacknowledges that the parties have chosen not to usethose services.

The opt-out request may be filed at the same timeas the complaint that starts the case. If an opt-outrequest is filed, the court must order the friend of thecourt not to open a case file unless one or more of thefollowing are true:

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A party is eligible for (Social Security Act) TitleIV-D services because the party is receiving or hasapplied for public assistance.

A party has applied for IV-D services. A party has asked the friend of the court to open a

case file. There is evidence of domestic violence or bargain-

ing inequality coupled with evidence that the opt-out request is against the best interests of a partyor the parties child.

Even after the court case has been started and thefriend of the court has opened a case file, the partiesmay file an opt-out request asking the court to order

the friend of the court to close its file. The court willissue the order unless one or more of the followingare true: A party objects to the closure. A party is receiving public assistance. Within the previous 12 months a support arrearage

has existed or a custody or parenting time violationhas occurred.

Within the pervious 12 months a party has askedthe friend of the court to reopen its case file.

There is evidence of domestic violence or bar-gaining inequality coupled with evidence that therequest is against the best interests of a party or theparties child.

Parties who opt out must assume full responsibil-ity for administering and enforcing the courts orders.

To assure a proper accounting of support paymentsand their consideration in future proceedings, the par-ties may make support payments through the MiSDUeven after a friend of the court case file is closed.

At any time, a party can cause the friend of thecourt office to reopen its case file by applying forpublic assistance or by requesting any service from thefriend of the court upon petition.

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DIVORCE

MATTERS

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COURT PROCEDURES

Starting a Case

No court can require a party to use an attorney.However, anyone who wants to start a court casemust follow the Michigan Court Rules and most casesinvolve difficult legal and factual questions. Therefore,most people want to be represented by an attorney.

Plaintiffs ComplaintA case begins when the person requesting the

courts assistance ( the plaintiff) files a complaint ora similar legal document that asks the court to decidea dispute between the plaintiff and the other party (thedefendant). In a domestic relations case, the plaintiff

may ask the court to do any of the following: Grant a divorce. Order a party to pay child support or spousal sup-

port. Establish paternity.

Establish custody of a child with one (or both) par-ties. Establish each partys parenting time with a child.

Service

The defendant must be given a summons and a copyof the complaint. The summons tells the defendant toanswer the complaint. Whenever minor children areinvolved or spousal support is being requested, afriend of the court informational handbook (this hand-book or one like it) must be given to the defendantalong with the summons and complaint.

Defendants Answer to the ComplaintThe defendant usually is allowed 21 days to answer

the complaint. If the defendant does not answer within21 days, the judge may enter an order granting theplaintiffs requests.

HEARINGSAfter a complaint and an answer have been filed,

either party or the friend of the court may file amotion asking the court to decide the custody, parent-

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ing time, and child support issues. The court usuallyholds a hearing to get the information it needs todecide those issues.

Both parties must be notified of the time and placeof a hearing. This advance notice gives the parties anopportunity to appear at the hearing and tell the judgeor referee what they think the court should do.

COURT ORDERSWhen a court makes a decision, it must sign a writ-

ten order summarizing the decision. Someone mustprepare the order. That usually is done by one of theattorneys, but sometimes the judge drafts the order.Either way, an order is not enforceable until a judge

signs it and someone files the signed order with thecounty clerk. A referee can only recommend an orderand prepare it; the recommended order does notbecome enforceable until a judge signs it.

If you disagree with an order and want to challengeit, your options include filing a motion for a rehearing

(by the judge who issued the order) or filing an appeal(to a higher court). You cannot change an order byfiling a grievance or by complaining to other govern-mental agencies.

Preliminary Orders

Courts sometimes enter temporary orders thatremain in effect only until the parties have an opportu-nity to present more detailed evidence and argumentsat a later hearing. This often happens in divorcecases.

Ex Parte Orders (temporary orders enteredat the request of one party before any formalhearing)

A judge will enter an ex parte order when the judgebelieves that serious harm will occur if the judge delaysacting until the opposing party has the opportunityto speak with the judge. Ex parte orders usually areintended to keep the situation stable until the judgecan hear from both parties.

A party who disagrees with an ex parte order mayfile a written objection to the order or file a motionasking the court to change or cancel the order. Even if

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an objection or motion is filed, the ex parte order willremain in effect until it is changed by the court.

When an ex parte order deals with custody, par-enting time, or child support, the order will include anotice that a written objection or a motion to changethe order may be filed within 14 days. If a party filesan objection, the friend of the court will try to help theparties settle the dispute without going to court. If no

agreement can be reached, the Circuit Court Clerk'sOffice will provide the forms and instructions that aparty will need to schedule a court hearing.

Temporary and Final OrdersAfter the court decides a motion challenging an

ex parte order, it will enter a temporary order thatestablishes requirements that the parties must followuntil a final judgement order (or sometimes a modifiedtemporary order) is entered.

Orders including judgement orders that deal withcustody, parenting time and child support can be

changed in the best interests of a child, but only thecourt can modify an order; the friend of the courtcannot. Normally, a court will change an order if bothparties have agreed to the change. Otherwise, thecourt will modify an order only after one party (or thefriend of the court) files a motion and the court holds

a hearing on the motion.The parties agreement to change a previous courtorder will be recognized by the court and the friendof the court only after the judge signs and enters anew order that approves the agreement. Merely tell-ing or writing to tell a friend of the court employeeor a Department of Human Services worker that theparties have agreed to something cannot change thecourts previous order.

Sometimes, the law requires the friend of the courtto ask the court to change an order. (See ParentingTime Enforcement on page 18 and Modification ofSupport Order on page 31).Referee Decisions

A referee is a person who holds hearings, examineswitnesses, and makes recommendations to a judge.

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The chief judge of a circuit court may appoint a refer-ee to hear testimony and arguments on any domesticrelations issue, except spousal support (alimony).

A referee hearing differs from a hearing before a judge. A referees decision is only a recommendationto the judge. A referees recommendation will becomea court order only if neither party files an objectionwithin specific time limits or (if a party does object)

the court holds a hearing and the judge then signs anorder approving the referees recommendation.A party who disagrees with a referees recommen-

dation may request a new (de novo) hearing before the judge. The objection and a request for a hearing mustbe in writing and be filed with the circuit court clerk

with 21 days after the referees recommendation ismailed or delivered.You should consult an attorney for more informa-

tion on how to object to a referees recommendationand request a hearing before a judge.

Reconciliations and DismissalsNot every domestic relations case ends with the

parents divorced or separated. If the parents are try-ing to work out their differences and no longer wish tohave an order in their case enforced, they may file amotion asking the court not to enforce the order.

If the parties wish to stop all further action on acase, they must file a proposed order of dismissal withthe court and provide a copy to the friend of the court.In the situation, when the state of Michigan has pro-vided TANF (temporary assistance to needy families)aid to the parties children and the custodial parentwhile the case was pending, the support payer mustpay any previously-ordered child or spousal supportto the state of Michigan. This reimbursement may beless than the previous TANF payments, and it cannotbe more. The exact support amount will depend onhow much support the courts order required. Finally,before the case may be dismissed, the support payermust pay any amounts owed to the court or thecounty. If those requirements are met, the court willsign an order dismissing the case.

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Enforcing Orders When One Parent LeavesMichigan

The obligation to pay child support does not endwhen a parent leaves Michigan, even if it is the custo-dial parent and the parties children who move. Bothparents must tell the friend of the court wheneverthey move. The support payer must continue to paysupport and the friend of the court must continue to

enforce the court order.If a support payer leaves Michigan and stops payingas ordered, there are laws that allow Michigan courtsto have their support orders enforced in other states.For example, every state has passed the UniformInterstate Family Support Act (UIFSA).

UIFSA helps states deal with cases where a partyeither lives or earns income in another state. UnderUIFSA, one state establishes or modifies the supportrequirement, and the other state helps enforce thefirst states order. The enforcement procedures underUIFSA include having an employer in another statewithhold the payers income, having the other stateenforce the order, and having the other state assistwith finding the payers assets. For more informa-tion, see The Uniform Interstate Family Support Act(UIFSA) (PSA 29) located at: http://www.courts.mi.gov/scao/services/focb/focb.htm.

ALTERNATIVE DISPUTE RESOLUTIONWhen parties go to court, the judge makes deci-

sions affecting the family. If you are a party to adomestic relations case, you are encouraged to par-ticipate in alternative dispute resolution (ADR), whichmay allow you to settle your case without further courtproceedings. In addition to parents, ADR may involvegrandparents and other third parties.

Mediation is the most common type of ADR.Mediation allows the parties to settle the issues withthe courts direct involvement. Parties often find thisrewarding because they make the decisions, insteadof the court. The next sections summarize the kindsof alternative dispute resolution that are available indomestic relations cases. Contact an attorney or the

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friend of the court to determine which methods areavailable in your area.

EARLy INTERvENTION SERvICESAn alternative to litigating custody, parenting time,

and support disputes at the beginning of a case isthrough the use of our Early Intervention program.A trained Conciliator meets with the parties and/ortheir attorneys and tries to reach a solution to theissues presented and then prepares a proposed orderfor the Judge. The Conciliator does not act as a judgeor referee. Rather, this is a process designed to assistthe parties in reaching an agreement that is best fortheir children.

ARBITRATIONIn some counties, parties may agree to resolve

their dispute by arbitration (sometimes called bind-ing mediation). The arbitration may be conducted byone person or a multi-person panel. The arbitrationwill consider the parties arguments and may heartestimony from witnesses. If, in the end, the partiesstill cannot agree on how to resolve the issues, thearbitrator will make the decision and the parties mustaccept that decision.

A court may overrule (vacate) an arbitrators

decision only in exceptional circumstances. That canhappen if the court finds that the arbitrator exceededhis or her powers, wrongly refused to hear evidence,or was biased. It is very rare for a court to vacate anarbitrators decision. If the arbitrators decision is notvacated, the court will enforce the decision as if it were

the courts own. yOUR FAMILy AFTER DIvORCE

A divorce ends the legal relationship between youand your husband or wife. The divorce DOES NOTend your family relationship, even though this rela-tionship may change. The Orders of the Court set theguidelines by which your family relationship will go onafter your divorce. Your cooperation is necessary tohelp your child adjust to the changes which are takingplace.

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Many decisions need to be made before a divorceis granted. These may include:

1. Who will make decisions, provide daily guidanceand take care of your child? (custody)2. What contact will your child have with the parent

he/she doesnt live with? (parenting time)3. How should the property you gathered during your

marriage be divided? (property settlement)4. How will financial responsibilities for your child

be divided? (child support, child care, educationalexpense)

5. How will your childs medical, dental and otherhealth care expenses be paid? (health care cover-

age)6. What amount, if any, should one party pay to sup-port the other, either permanently or temporarily?(spousal support-alimony)

7. Will the wife take back her maiden name? (restora-tion of maiden name)

8. Will your child be allowed to move from the Stateof Michigan? (domicile)

9. What arrangements, if any, will be made for yourchild to spend time with the grandparents? (grand-parents visitation)

Decisions about these and other matters will be setout in the Judgment of Divorce. When signed by theJudge, the Judgment binds the parties to comply withits terms. This means that family matters that wereonce private are now the subject of a court order. Itis important for the parties to understand this newmeasure of accountability.

INFORMATION ABOUT CUSTODy,PARENTING TIME, AND

SUPPORT PAyMENTS

CUSTODYThere are many different kinds of custody arrange-

ments. For any arrangement, the court must decidewho will make the major decisions about each childsmedical treatment, education, and religious instruc-

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tion. The court also must decide how much time thechild will spend with each parent.

Parents are encouraged to reach their own agree-ments regarding custody. When parents cannot agree,the judge will decide by analyzing the factors listed inthe Michigan Child Custody Act. Those best inter-est of the child factors will be analyzed at a hearingduring which the parent may present evidence and

arguments about each factor.At either parents request, the court must considerordering joint custody, an arrangement in whichboth parents participate in making the major decisionsthat affect their child. If both parents agree to a jointcustody arrangement, then the court must order it

unless the court determines that joint custody is not inthe best interests of the child. The court must stateon the record its reasons for granting or denying therequest for joint custody.

The court also may consider ordering joint custodyeven if neither parent has requested it.

Besides the standard best interests factor thatmust be considered before making any custody deci-sion, a judge who is considering ordering joint custodymust also consider whether the parents will be able tocooperate and usually agree on important decisionsaffecting their childs welfare.

If the court determines that a childs best interestsare not adequately represented in the custody pro-ceedings, the court may appoint a lawyer-guardian adlitem to represent the child in the court proceedings. Ifthey have the ability to pay, the court may require the

parties to pay the lawyer-guardian ad litems fee.CUSTODy QUESTIONS AND ANSWERS

Can a custody order be changed if both parents agree?

If both parents agree on a proposed change, theymay sign an agreement (stipulation for entry of aconsent order) and request the judges approval. Ifthe judge signs the proposed consent order, it will thenbecome the new custody order.

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Do I need an attorney to file a motion to change custody?

You may file the motion on your own. Formscan be obtained at the Circuit Court Clerk's Office.However, the court will expect you to follow the samerules that an attorney must follow. There are manycomplex issues in a custody case and most peopleprefer to have an attorney represent them. The friend

of the court cannot file a motion for you, nor can thatoffice provide you with an attorney or tell you what tosay in the motion.

If a motion for custody has been filed, and the parents cannot reach an agreement ontheir own, what will the friend of the court do?

The friend of the court must: If the judge directs, investigate the custody issue

and file a written report and recommendationbased upon the best interests of the child factors

listed in the Michigan Child Custody Act.May I receive a copy of the friend of the courts custody and/or parenting time report and recommendation?

Upon conclusion of the investigation, or uponsubsequent request, a copy of the Friend of the CourtReport and Recommendation will be provided to eachof the parties or, if applicable, their attorneys.

What happens if I have custody according to the courts order but the other parent does not return the child to me as required by the

order? You may contact the friend of the court office and

request that it enforce the order. You may contact your attorney. If you believe the other parent will refuse to return

the child, you may contact the police or the pros-ecuting attorney and ask either to file a parentalkidnapping charge.

How do I enforce the custody order if the other parent takes our child to another country?

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When a child who is a U.S. citizen is illegally keptoutside of the country, the U.S. State DepartmentsOffice of Childrens Issues will work with the localU.S. embassy and the other countrys governmentto assist the child and the lawful custodial parent.However, because child custody disputes are privatelegal disputes between the two parents, the StateDepartment has no jurisdiction to force the other par-ent to obey a court order. If the parents cannot reachan agreement, this kind of child custody dispute oftenmust be resolved by a judicial proceeding in the coun-try where the child and the other parent are living.The State Department will help the lawful custodialparent file the appropriate documents with the foreignauthorities. It also will monitor and report on the for-eign judicial or administrative proceedings.

How do I contact the Office of Childrens Issues at the U.S. Department of State?

You can write to: Office of Childrens Issues;Oversea Citizens Services; Department of State 2201C Street, NW; Room 4817; Washington, DC 20520-4818.

You also may call 1-888-407-4747, fax 202-736-9133, or go to the State Departments internet web-site for foreign travel at http://travel.state.gov.

Is the friend of the court allowed to investigate child abuse or neglect?

No, the friend of the court does not have theauthority. Abuse or neglect should be reported inthe county where the custodial parent and childrenlive to Protective Services, a special unit within theDepartment of Human Services (DHS).

A judge will consider allegations of abuse or neglectwhen making a decision on custody or parentingtime. The friend of the court office has a duty, whenordered by the court, to conduct a custody or parent-ing time investigation. However, both the judge andthe friend of the court will rely on DHS ProtectiveServices to investigate and evaluate the abuse orneglect allegations.

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May my child enroll in my local school eventhough the child lives in another school district with the other parent most of the time?

When the parents live in different school districts,Michigan law allows a child to attend a school ineither district, regardless of which parent has custody.When a child regularly resides in two school districts,

which often happens when the parents have true jointcustody, the child may attend school in either or bothdistricts.

PARENTING TIMEA Parenting time order states when a child will

spend time with each parent. During parenting time,that parent is responsible for all routine decisionsaffecting the child. The Michigan Child Custody Actstates:

(Normally,) parenting time shall be granted to aparent in a frequency, duration, and type reasonablycalculated to promote a strong relationship betweenthe child and the parent granted parenting time. If theparents of a child agree on parenting time terms, thecourt shall order the parenting time terms . . . (unlessit is shown) that the parenting time terms are not inthe best interests of the child. A child has a right toparenting time with a parent unless it is shown on therecord by clear and convincing evidence that it wouldendanger the childs physical, mental, or emotionalhealth. (MCL 722.27a).

That statute also lists factors that the judge mayconsider when determining the frequency, duration,and type of parenting time. (MCL 722.27a(6)).

Parenting time guidelines are posted on theMichigan Supreme Courts wedsite at:http://www.courts.mi.gov/scao/services/focb/focb.htm.

Parenting Time Enforcement by the friend of the court

The friend of the court is required to enforce par-enting time orders.

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The office usually will initiate enforcement when itreceives a written complaint stating specific facts thatshow a violation of an order governing custody orparenting time. However, the friend of the court maydecline to respond if (1) the alleged violation occurredmore than 56 days before the complaints that werefound by the court to be unwarranted and the com-plaining party has failed to pay the cost assessed inthose prior proceedings.

The friend of the court starts enforcement proceed-ings by sending a copy of the written complaint to theaccused party within 14 days after the office receivesthe complaint. If it finds that the courts order hasbeen violated, the friend of the court may suggest

makeup parenting time, start an action requiringthe party to show cause why the court should notfind the party in contempt of its order, file a motionfor modification of existing parenting time provisions,schedule mediation, or schedule a joint meeting withthe parties.

Parenting Time Modification MotionsA party may file a motion for a change in the

parenting time order. The Circuit Court Clerk's Officehas printed forms and instructions for filing this typeof motion. Most parties will improve their chancesof success by hiring an attorney to assist them withparenting time motions.

If both parents agree to change the parenting timearrangement, they may sign an agreement to thateffect and ask the judge to modify the current order.It is important to remember that, even though the

parties have agreed to a change, the current orderremains in effect until the judge signs a new order andit is filed with the county clerk.

PARENTING TIMEQUESTIONS & ANSWERS

My order for parenting time states I will have reasonable parenting time. What does this mean?

An order that grants reasonable parenting timeallows you and the other parent to negotiate a par-

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enting time schedule that is convenient for both ofyou. Parents may agree to almost any schedule that isconsistent with the best interests of each child and theoverall family situation.

If you and the other parent cannot agree on areasonable schedule of parenting time, you have thefollowing options: Ask the other parent to agree to attend a joint

meeting with the friend of the court, to participatein mediation, or to seek counseling, (either with youor separately). With help from one of those neutralparties, you and the other parent may be able toagree on a parenting time schedule.

File a motion on your own or contact an attorney.

My order lays out a specific parenting time schedule. I would like to change that schedule. What can I do?

First, ask the other parent to agree to a change. Ifyou both agree, the proposed change and reasons for

it may be presented to the court as a proposed newcourt order. The judge almost always will sign an orderthat is based on the parents agreement. Rememberthat the agreement by itself is not enforceable; it mustfirst be converted into a new court order.

If the parents cannot agree on the changes, eithermay ask the friend of the court to mediate their nego-tiations. The friend of the court will provide mediationservices if both parents agree to participate.

If no agreement is possible, you may file a motionasking the court to order a new parenting time sched-ule. You may file the motion on your own, or have anattorney file it for you.

The other parent is not making the child support payments required by our court order. Do I have to allow parenting time?

Yes. You must continue to obey the ordersparenting time provisions. Ask the friend of thecourt to enforce the child support provisions. (SeeEnforcement Methods on page 28).

The other parent is not sending or returning clothing or other personal items that our

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child uses during parenting time visits. Canthe friend of the court do something about that?

The friend of the court can only enforce the courtswritten orders. If your court order does not say any-thing specific about transferring clothing or otherpersonal items, try to work it out with the other parentdirectly or with help, such as friend of the court media-

tion. If that is unsuccessful, you may file a motionrequesting a new court order that will require thatclothing or other personal items be transferred alongwith your child before and after parenting time.

The other parent is not obeying the parenting time order. What can I do?

File a written complaint with the friend of the court.(See Parenting Time Enforcement on page 19).

If I think that the other parent is under the influence of alcohol or drugs do I have to let the children go with that other parent for

scheduled parenting time? That is your decision as a parent. If you violate

the court order in such a situation, you may have toexplain your decision to the court at a show causehearing held to decide whether you should be held incontempt of court for disobeying the parenting timeorder. That will be your opportunity to explain whyyour decision was in the best interests of the children.If the judge agrees, you will not be held in contemptor otherwise punished.

The other parent will not let me telephone

my children. What can the friend of the court do? The friend of the court can only enforce the writ-

ten orders of the court. If your court order does notprovide for telephone calls, try to negotiate an agree-ment with the other parent. You may request friend ofthe court mediation or other methods of resolution. Ifthat is unsuccessful, you may file a motion asking thecourt to modify the orders parenting time provisionsto require that you be allowed to call your children.

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tal home is no longer open to the non-custodial parentand familiar rooms are now off-limits.

Divorce has not changed your ex-spouse. If thecustodial parent was a casual housekeeper, he/shewill continue to be. If your ex-spouse was late all thetime, he/she will continue to be late.

A little effort in forgiving the harmless shortcom-ings of your ex-spouse goes a long way in helping your

children continue to thrive in the face of divorce. Parenting time is for the parent and child.

Parenting time is special. It is separately reservedto foster the relationship between child and non-cus-todial parent. A good many parenting time disputesbegin with the non-custodial parent arriving with anew girlfriend or boyfriend in tow. Leave your newacquaintances at home, the child needs your fullestattention. Children have a rough enough time adjust-ing to the new situation without learning a new set ofpartners. Children need time adjusting to change.

Show up for parenting time on time! If you tell the children you are coming to see them,

be sure to show up. The tales of children waitingall weekend for a non-custodial parent who neverappears are disturbingly common. The custodial par-ent is not obliged to sit around and await the plea-sure of the visiting parent. The non-custodial parentshould arrive within a few minutes of the agreed uponor court ordered time. The custodial parent is notrequired to wait longer than 30 minutes. Please phonea few days ahead if there is a question of your comingor not coming.

Dont use the child as a spy. Children arelousy spies.

Parents should not use the children as sourcesfor information about the activities of the ex-spouse.Besides creating dissent among all parties, theyare simply no good at the job! The children quicklydiscover what the parent wants to hear and tailortheir remarks accordingly. The children will supplyinformation that tends to create problems ratherthan reduce friction. Parents will soon discover that

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children can become adept at playing one parentagainst the other.

Avoid these problems! The list of possible sources of friction with parent-

ing time is endless. Please avoid as many of the pitfallsas possible.1. Dont arrive for parenting time with lavish presents

when your support is in arrears and necessities(groceries, clothing) are scarce in the custodialparents home.

2. Dont forget to supply adequate clothing for par-enting time and to inform the non-custodial parentof necessary medication and possible illness.

3. Dont always take the children to ball games, thecircus or fancy restaurants; do some casual thingswith the children. The custodial parent on a limitedbudget just cant compete and friction will result.

4. Dont keep telling the children you will have cus-tody of them some day. Petition the Court for achange of custody and do your talking in the court-room where it counts.

5. Pick up and return the children on time.6. Remember to spend time with your children. Too

often children are dumped with babysitters, or

lumped together with a new wifes or husbandschildren. The children need time with you. Regularparenting time cannot be stressed enough.

7. If you cant talk to your ex-spouse at all, stick to arigid schedule; wait at the front door or in the carfor the children and have as little contact as pos-sible with the ex-spouse.

8. Dont expect the custodial parent to let you havethe children if you have been drinking or usingdrugs.

9. If you do not have a drivers license, a relative orfriend must do the driving.

If you are the custodial parent, encourage parenting time.

As stated earlier, parenting time is special. It is forthe child and the non-custodial parent and should be

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encouraged. Obviously, in abuse and neglect situa-tions, these are different circumstances and should behandled by the court. However, in the great majorityof divorce cases, both parents, perhaps while havingdifferent parenting styles, do love and care for theirchildren and want to spend time with them. Eventhough you may have less than favorable thoughtsabout your ex-spouse, keep them to yourself and donot share them with your children. Children have onlyone mother and one father and need to feel free tolove and spend time with both of you.

If you are the custodial parent, here are some tipsto help you encourage a strong relationship betweenyour child and the non-custodial parent. Remember,

although you may dislike your ex-spouse, your chil-dren will benefit from having a strong and closerela tionship with both of you. It may be difficult toput aside your feelings about your ex-spouse andencourage parenting time, but it is certainly worth itfor the well-being and development of your children.

Some tips: Make copies of special photos of the children to

share with the other parent and their relatives. Let the other parent know of school events and

activities. Children like to know that even thoughtheir parents are divorced, they care about whattheyre doing in school and what their interestsare.

Do not plan or schedule activities for your childduring a time when theyre to be with the otherparent, without first discussing it with your ex-

spouse. Remember, parenting time is reserved foryour child and the non-custodial parent; it doesntbelong to you.

Make the pickup and drop-off times for your childeasier by being prompt, packing sufficient clothesand supplies, (perhaps, a favorite toy or game ofthe childs also), and not arguing with your ex-spouse, in front of your child.

Take the time to help your children pick out cardsand gifts for the other parents birthday and for

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holidays. Or, help your children make a specialhomemade card or gift for the other parent.

Encourage communication between your childrenand the other parent through phone calls and send-ing notes.

Dont interfere or criticize the other parentsmethod of parenting. For example, dont tell yourchild that the other parent shouldnt let him or her

eat between meals or dress a certain way. Just setyour rules and stick to them when your child is withyou.

Let the other parent know (as hard as this may be)that you appreciate his or her parenting time withthe children. Tell your ex-spouse that you want himor her to be an important part of your childrenslives.

SUPPORT

A support order is any court order that requiresa parent or ex-spouse to pay: Child support. Spousal support (formerly called alimony). Medical, dental, and other health care expenses. Confinement expense (the mothers birthing costs

and medical bills). Child care expenses. Educational expenses.

All support orders state an amount that is due onthe first day of each month. Support is past due ifnot paid by the last day of month. When an ordertakes effect on a day other than the first day of themonth (or ends on a day other than the last day of themonth), the support amount must be prorated for thepartial month.

Support Investigations and Reports

The friend of the court is required to periodicallyreview an orders child support provisions, includinghealth care. The friend of the court will file a motionto modify the order if a change is warranted (SeeModification of a Support Order on page 31). As part

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of this periodic support review, the friend of the courtmay request information from a parents employer.That includes things like the parents address, socialsecurity number, date of birth, earnings, and thedetails of any dependent health care coverage that isavailable as a benefit of employment.

Whenever a court directs, in addition to the period-ic reviews summarized above, the friend of the court

will evaluate the current orders support provisionsand submit a written report and recommendation tothe parents (or their attorneys) and the judge.

Child Support FormulaMichigan law requires a standard child support

formula to be used to determine how much childsupport a parent must pay. That standard formulaconsiders the parents' incomes, how many childrenthey have, and other factors. The court may set a sup-port amount that differs from the formula number, butonly if the judge explains in writing or during a courthearing why the formula number is unjust or inap-propriate. For more information about the child sup-port formula, see Facts About the Michigan ChildSupport Formula (PSA 24) which can be found at:http://courts.michigan.gov/scao/resources/publica-tions/pamphlets/focb/psa24.pdf

More information is available on the MichiganSupreme Court's website at: http://courts.michigan.gov/scao/services/focb/focbSupport Payment Procedure

Unless otherwise ordered, support payers mustmake their payments to the State Disbursement Unit(SDU). Cash or credit card payments received by thefriend of the court will be forwarded to the MiSDU.

When a payment received by the SDU sufficientlyidentifies the person to whom the support should bepaid, the SDU will forward the money to the recipientwithin two business days.

In most cases, support payments are automaticallywithheld from a payers wages. If you pay MiSDUdirectly, please write your case number on your check.Do not send cash through the mail.

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Once a year, on written request, the friend of thecourt will give the parties a free statement of theirsupport account.

Statutory Service FeesMichigan law requires the friend of the court to

charge the support payer an annual service fee, cur-rently $42 per year.

Surcharge on Overdue SupportSurcharges are added on January 1 and July 1

each year. The surcharge equals the average interestrate on money judgements, plus one percent. If thesupport payer has paid 90 percent or more of thesupport that was due in the previous six months, no

surcharge will be assessed. The court can also orderthat no surcharge be assessed, but a motion must befiled first.

Enforcement MethodsThe friend of the court has several methods of col-

lecting past due support. They include: Immediate Income Withholding The friend of the court can require the support-

payers employer (or other income source) to with-hold some of the support-payers income and sendthe money to the Michigan State DisbursementUnit. The payer will be notified before the incomewithholding starts. The payer has a right to chal-lenge the income withholding at an administrativehearing.

Most support orders entered or changed afterDecember 31, 1990, must provide for incomewithholding even without a showing that the sup-port payer has missed payments or is likely to doso. A judge who does not want to require incomewithholding must find good cause for departingfrom the general rule. Good cause exists when:EITHER The court makes a specific written finding that

income withholding is not in the best interests ofthe child; AND

All previously ordered support has been paid ontime; AND

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The payer agrees to keep the friend of the courtinformed of the name, address, and telephonenumber of his/her current source of income, andabout any health care coverage offered by thepayers employer or coverage that the payerpurchases directly from a health insurer.

OR Both parties and the court agree that income

withholding will not take effect immediatelybecause a satisfactory alternative paymentarrangement has been made. Even in thissituation, the payer must keep the friend of thecourt informed of name, address, and telephonenumber of his/her current source of income, and

about any health care coverage offered by thepayers employer or coverage that the payerpurchases directly from a health insurer.

Contempt of Court (Show Cause Hearing) If support is not paid on time, the friend of the

court or a party may begin a contempt actionagainst the payer. The court will order the payerto appear in court and show cause why the courtshould not find the payer in contempt of court.

Income Tax Intercept If child support is overdue and the case otherwise

satisfies certain statutory requirements, the casewill automatically be submitted for an income taxintercept.

In such cases, any tax refund to which the supportpayer is entitled will be paid to the friend of the

court, which will apply the money to pay past duesupport.

Other Enforcement Remedies If the payer is more than two months behind on

the support payments, the friend of the court mustreport the arrearage to a consumer credit reportingagency.

The court may suspend the payers driving, occu-pational, sporting, or recreational licenses.

The friend of the court may place a lien on the

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payers real and personal property, which then canbe sold to pay the support arrearage. For moreinformation, see friend of the court: Enforcementof Domestic Relations Orders (PSA 27) andUsing Liens To Obtain Past Due Support (PSA23).

Health Care Enforcement The court may order either parent to provide

health insurance coverage for the children. If thecourt orders a parent to obtain available healthinsurance coverage from an employer and the par-ent fails to do so, the friend of the court will senda medical support notice to the parents employer.The employer then must enroll the employeeschildren in the employers plan and deduct thepremiums from the employees wages.

Some health care expenses are not covered bytypical health care plans. Therefore, the courtssupport order also will require each parent topay a percentage of those noncovered expenses.Effective October 1, 2004, support orders willrequire that some of the noncovered health careexpenses be paid in advance. The friend of thecourt will help collect the other parents share ofthose noncovered medical expenses if the followingthree conditions are satisfied: One parent requested payment from the other

parent within 28 days after receiving an insurersdetermination that an expense was not covered.

The other parent did not pay within 28 days afterthe request for payment was made.

The first parent requests the friend of the courtsassistance within one year after incurring theexpense, or within 6 months after the insurerdenied coverage, or within 6 months after theother parent failed to pay as required.

If the friend of the court receives a parents requestthat meets those three requirements, the friend ofthe court will notify the other parent that, if noobjection is filed within 21 days, the unpaid amountwill become a support arrearage and subject to anyof the enforcement processes summarized earlier.

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If an objection is filed, the friend of the court mustschedule a court hearing to decide who is respon-sible for the amount that the health insurer did notpay.

Criminal Enforcement of Support Under federal and Michigan law, failing to pay

child support may be a felony criminal offense.Friend of the court offices do not themselves havethe authority to bring felony charges. Chargesbased on Michigan law are filed and prosecutedby county prosecutors or the Attorney General.Federal charges are filed and prosecuted by theUnited States Attorneys office.

Modification of a Child Support Order The friend of the court will review child support

orders automatically once every 36 months if thechild or one of the parents is receiving public assis-tance. In other cases, the friend of the court willconduct a review upon written request by a party,

but not more often than once every 36 months.If you need an immediate change in the supportamount because of a change in your income or theother parents income, you should file a motionrequesting the change. Simply notifying the friendof the court that one parents financial situation haschanged cannot automatically change the orderedsupport amount.

Threshold for the friend of the court Motion to Modify the Support Order

The friend of the court will ask the court to

change the required monthly support payment ifthe difference between the current support amountand the amount determined by the standard childsupport formula (using the parties most recentincome data) is 10% or $50.00 per month, which-ever is greater. If the difference between the current

support amount and the current formula amount isless than that minimum threshold, the friend of thecourt is not required to petition for a change.

Partys Motion to Modify the Support Order A party may file a motion to change the support

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order. Forms may be obtained from the CircuitCourt Clerk's Office for this type of motion with-out the assistance of an attorney. Alternatively, aparty may hire an attorney to file a modificationmotion.

Joint Motion to Modify Support Order If both parents agree to change the support

requirement to the amount determined by the childsupport formula, they may sign a uniform supportorder (USO) and submit it to the court. That USO,once signed by the judge, and filed with the countyclerk, becomes the courts new support order.

Retroactive Modification of Support Generally

Not Allowed; Exception Once child support is ordered, a later increase or

decrease in the support amount generally cannotapply to any time period before the motion for achange was filed. Michigan law does recognize oneexception to that rule: a court may modify support

retroactively if a party has intentionally failed toreport an income change to the friend of the courtor has made a report that misrepresented thatpartys income.

CHILD SUPPORT

QUESTIONS AND ANSWERSHow do I get an order for child support?

If no one has yet commenced a civil lawsuit thatraises the child support issue, you first must filea complaint that includes a request that the courtenter a child support order. The next step is to filea motion asking the court to enter a child supportorder. The motion must be filed with the court clerkor, you may file a request for an Early InterventionConference (see page 13). If you and the other par-ent agree to establish support at the amount deter-mined by the standard child support formula, youmay sign a USO (stipulation) to that effect and submitit to the court. If you cannot agree to follow theformula, the judge will determine the appropriateamount of support.

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Do I need an attorney to get a support order?You are not required to have an attorney. However,

you may find that you need an attorneys help to filethe correct papers and otherwise follow the courtrules.

May I receive child support after my childreaches age 18?

Child support can continue up to age 19 1/2 ifthe child attends high school on a full-time basis with areasonable expectation of completing sufficient creditsto graduate and the child continues to reside on a full-time basis with the person who receives the supportpayments.

If I have been paying child support as requiredby the courts order but the custodial parent

will not allow me the parenting time requiredby that order, do I have to keep paying sup-port?

Yes. An orders parenting time and child supportprovisions are enforced separately. (See ParentingTime Enforcement on page 19).

The other parent is not paying child support asordered. What can I do?

Contact the friend of the court for enforcement

help if the other parent is more than one monthbehind on the support payments. You may also hirean attorney to start enforcement proceeding.

My Court order says to pay support through the friend of the court or the Michigan StateDisbursement Unit. May I pay the other parentdirectly?

No, not unless your order specifically allows directpayments. If it does not, you might not receive creditfor payments made directly to the other parent.

If I am receiving TANF or Family IndependenceProgram (FIP) public assistance, may I alsoreceive child support?

No. The friend of the court must send any supportpayments that it receives from the other parent to theDepartment of Human Services to offset the publicassistance that you received.

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Will the friend of the court make sure that sup-port money is spent on the children?

No. The law does not authorize the friend of thecourt to verify how child support payments are spentby the custodial parent. However, the court maychange the custody or support arrangements if youcan show that the custodial parent has neglected thechildrens needs by misusing your support payments.

Will the court modify the support order if thepayer is in jail or prison?

The support amount is determined by the standardchild support formula, which considers the partiesincomes. Therefore, an incarcerated payers supportobligation may be modified if a motion to modify sup-port is filed. Either a party or the friend of the courtmay file the motion.

MISCELLANEOUS ISSUES

Change of Domicile/Change of Legal

ResidenceHow do I get the courts approval to change

the childrens residence to a place not allowedby my current order?

Parties may agree to change of residence (domicile)by signing an agreement (stipulation). This stipulationmust be put in the form of an order and signed by the

judge. It then becomes an order of the court. If youand the other parent cannot agree on the proposedchange of domicile, you may:

File a motion that asks the court to enter an order

approving the change.Notifying the friend of the court that you intend tomove the children (or merely filing a motion request-ing the courts approval) does not allow you to moveyour children. You must obtain a court order approv-ing the move.

Enforcement of Judges Oral Ruling

Why wont the friend of the court enforce what the judge said in court, even if its not in the written order?

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The friend of the courts authority is limited toenforcing written orders.

If you think a written order does not say what the judge said in court, first tell the person who preparedthe order and request a change. If necessary, you canfile a motion that asks the court to correct the order.

Propert Settlement

Can the FOC enforce property settlement provisions in my judgement of divorce?No. The FOC has no authority to enforce the

court's property-division order. The court itself willenforce that order. If the other party does not complywith an order, you may file a motion asking the court

to enforce the order. Access to friend of the court Records

May I review the friend of the court file for mycase?

A friend of the court file is not public information.Parties and their attorneys are entitled to see most

of the information in their friend of the court file.There are exceptions for certain confidential docu-ments. See Michigan Court Rule 3.218. The friendof the court may charge a reasonable fee for copyingrecordings. A request to access friend of court file isalso required to be filled out.

Access to Other Records

May I see my childs school, medical, and otherrecords if my child lives with the other par-ent?

Michigan law gives both parents the right to seecertain records regardless of the custody arrange-ment. That includes medical, dental, school, and daycare records. In addition, both parents are entitled toreceive advance notice of meetings that concern theirchilds education.

However, the friend of the court cannot enforcethat law. You may wish to consult an attorney if youare denied any of those rights.

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Adoptions, Marriages, and MilitarEnlistments; How The Effect ChildSupport

What happens to my child support order if myminor child is adopted, marries, or enters themilitary service?

When any of those emancipating events occur,the court will grant a motion ending the obligation topay further child support. Copies of adoption orders,marriage records, or military service records should beprovided to the court. Any overdue past support muststill be paid.

Parent Locator

Will the friend of the court help find a missingparent?

Yes. The state and federal governments have a par-ent locating service. You may use it to locate a parentfor any of the following purposes:

Collect child support. Obtain a court order on a child custody orparenting time matter, or enforce an existingorder of either type.

Enforce state of federal law prohibiting theunlawful taking or restraint of a child.

When using the parent locator service, the follow-ing information is very helpful:

The missing parents full name, date of birth, andsocial security number.

The missing parents last known address.

COMPLAINTS ABOUT ATTORNEyS,JUDGES, OR THE FRIEND OF THE COURT

How do I file a complaint about the friend of the court?

The Friend of the Court Act includes a grievanceprocess. You may use it to complain about a friend ofthe court offices operations or employees. [A griev-ance may not be used to change the friend of thecourts recommendation in your case, or to challengea referees recommendation or a judges decision.]Depending on the subject of your grievance and when

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you file it, you will receive a response from the friendof the court, the chief judge, or the local citizen advi-sory committee.

You can file a grievance in two ways:(1) File a grievance about the offices operations or

employees with your friend of the court office.You should use a grievance form that you can getfrom your local friend of the court office or from

the Michigans One Court of Justice website athttp://www.courts.mi.gov.Within 30 days, the friend of the court must

investigate your grievance and respond in writingor explain why a response cannot be providedwithin that time.

If you are not satisfied with the friend of thecourts response, you may file the same grievancewith the chief circuit court judge.

(2) File a grievance about office operations with thecitizen advisory committee.

Grievance filed with the citizen advisory com-mittee may complain about only the friend of thecourts office operations, not individual employ-ees. Since the committees role is advisory only,it cannot decide the grievance. However, it caninvestigate the grievance and hold public hearingsto gather additional information. It then can reportits findings to the chief judge and the county boardof commissioners.

How do I file a complaint about the conduct of a judge or referee?

The Judicial Tenure Commission reviews com-plaints that allege misconduct by judges or referees.The Commission can recommend that the MichiganSupreme Court discipline a judge or referee who hasacted unethically. However, the Commission is not acourt; that means that it cannot change a court orderor a referees recommendation. To obtain that relief,you must either seek rehearing or file an appeal.

If you wish to file a complaint about misconduct bya judge or referee, contact:

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Judicial Tenure CommissionPO Box 113193034 W. Grand Blvd.Cadillac Place, Ste. 8-450Detroit, Michigan 48202(313) 875-5110

How do I file a complaint about my attorney?The Attorney Grievance Commission investigates

complaints of misconduct by Michigan attorneys. Ifyou wish to file a complaint (called a request forinvestigation), contact:Attorney Grievance Commission256 Marquette Building243 West Congress StreetDetroit, Michigan 48226(313) 961-6585

GLOSSARy OF FREQUENTLy USED TERMS Adjournment - Postponing a hearing until a latertime or date.

Affidavit - A persons written statement of fact thatis verified by that persons oath or affirmation swornbefore a notary public.

Alimony - See spousal support. Arrearage - The total of payments that are over-

due.Bench Warrant - A court order to arrest a personand bring that person before the court that issued thewarrant.

Chief Judge - In courts with two or more judges,

one judge is selected as chief judge. The chief judgeadministers the court. But only rarely may the chief judge reverse a decision by another judge of the samecourt.

Domestic Relations Action - Any litigation involv-ing divorce, paternity, custody, parenting time, orsupport.

Domicile - The permanent home to which a per-son, even when temporarily living elsewhere, alwaysintends to return.

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Evidence - Proof of a fact, presented by the testi-mony of witness, or by displaying documents, or bydisplaying other items.

Family Division of Circuit Court - The division ofthe circuit that hears domestic relations and juvenilecases.

Family Independence Agency (FIA) - The stateagency that provides public assistance to families.The Protective Services Unit and the Office of ChildSupport are parts of FIA.

Friend of the Court - In this handbook, dependingon the context, friend of the court usually meansand office that assists the circuit courts family divi-

sion. The office investigates, makes recommenda-tions, and helps enforce court orders that affect minorchildren. Friend of the court also is the formal titleof the person in charge of that office.

Hearsay - A statement (usually by a person testifyingin court), that repeats an earlier out-of-court state-ment (usually made by someone else). The testimonyis considered hearsay if it repeats the original state-ment in an effort to prove the truth of that statement.Michigans rules of evidence require judges to excludemost hearsay. There are exceptions.

Joint Custody - A custody arrangement in which thechildren either:(1) live primarily with one parent, although both par-

ents participate in major decisions affecting thechildren (called joint legal custody); or

(2) live with each parent for extended periods andboth parents participate in the major decisions(called joint physical custody).

Jurisdiction - The extent of a courts power todecide cases that come before it. Whether a court has

jurisdiction over a case depends on the type of caseand on the parties connections to the county wherethe court is located.

Motion - A formal written request that a court takea specified action. A motion is sometimes called apetition.

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Order - A written decision of the court.

Party - A lawsuits plaintiff or defendant.

Payee - The person or agency entitled to receive sup-port payments. Also know as a support recipient.

Payer - The person who must pay support. Alsoknown as an obligor.

Petition - See motion.

Pleadings - Papers filed with a court by a party to alawsuit. Pleadings state claims against the other partyor state that other partys defenses to claims.

PSA - Public Service Announcement. As used in thishandbook, PSA means informational brochurespublished by the State Court Administrative Office.

Reconciliation - When parties to a domestic rela-tions action work out their differences and decide toremain together as a family unit.

Show Cause Hearing - A court hearing at whicha person must respond to a charge that he or sheviolated a court order. Also known as a Contempt ofCourt hearing.

Spousal Support - Money paid to support a spouseor former spouse. Formerly known as alimony.

State Disbursement Unit - A state office that col-lects and distributes the support payments required bythe court orders.

Statute of Limitations - A statute that sets the timelimit for seeking relief from a court. Different types ofclaims are subject to different statutory deadlines forstarting a lawsuit.

TANF - Temporary Assistance for Needy Families, A joint federal-state program formerly known as Aid toFamilies with Dependent Children (AFDC or ADC).In Michigan, TANF is also known as the FinancialIndependence Program (FIP).

Testimony - The statements of a witness who hastaken an oath to tell the truth.

Transcript - A word-for-word record of, for example,a court hearing.

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Waive - To give up a right, claim, or privilege.

Witness - In court proceedings, someone who testi-

fies under oath about what he or she has seen, heardor otherwise observed.

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