Child Support
How support is determined
By Statute, the issue of support is not a subject for mediation. However, the Friend of the Court will not object to a support amount that has been agreed to by the parties provided public assistance is not involved and that the provisions of the Statute have been complied with. When the parties cannot agree on a child support amount, the Friend of the Court will conduct an investigation and make a recommendation based on the State of Michigan Child Support Manual and Schedules.
Michigan law requires that the child support formula be used by the Friend of the Court or Prosecuting Attorneys when recommending, and by judges when ordering, child support amounts. The Friend of the Court’s recommendation and the judge’s determination can only vary from the formula when there is clear reason, either in writing or on the court record, stating why use of the formula would be “unjust or inappropriate.”
In Michigan, the child support formula considers both parents’ incomes when establishing or changing support. To purchase a copy of the Michigan Child Support Formula Manual, select the link to go to the Michigan Supreme Court Website, or simply make a written request, along with a check or money order for $5.00 payable to the “State of Michigan” and send it to:
Department of Management and Budget
Office Services Division
Publications Section
P.O. Box 30026
Lansing, MI 48909
The Michigan Supreme Court Website also provides a downloadable copy of the Michigan Child Support Guideline Software Program.
Child support abatement due to extended Parenting Time
Effective May 1, 1987 a court order must specifically provide that a payor is to receive credit against his/her child support obligation for periods of parenting time in excess of six (6) consecutive overnights. In the absence of such a provision in the court order, the parties may consent to an abatement of the payor’s child support obligation for extended parenting time. The payee must provide the Friend of the Court with a letter saying that child support is to be abated. The letter must specify what dates the child was in the other parent’s possession.
For Judgments of Divorce and orders entered pre May 1, 1987 the previous Friend of the Court policy regarding parenting time abatement remains in effect. This policy is as follows: unless otherwise noted in your court order, a visiting parent will receive a fifty (50) percent abatement in his/her child support obligation for any period of parenting time in excess of five (5) overnight days. It is the responsibility of the visiting parent to notify the Friend of the Court Office of the dates of parenting time. Notification of dates must be submitted within one year after parenting time.
Payments through the Friend of the Court
In most cases, payments are ordered through the Friend of the Court Office. In this manner, all payments are recorded and disputes as to whether payments are current can be resolved quickly.
Support payments may be made by check, money order, or in cash.
DO NOT SEND CASH THROUGH THE MAIL.
All monies received as a payment for release from jail must be in cash. ALL payments must include the case number. Payors are encouraged to arrange for withholding from their paycheck or mail payments to the Michigan SDU at:
Michigan SDU
PO Box 30351
Lansing, MI 48909-7851
Payors are encouraged to arrange for withholding from their paycheck or mail payments to the Michigan SDU.
Because many names are similar, payments that do not include the case number will be returned. You must indicate if you wish a portion of the payment to be applied toward a specific court-ordered obligation that is to be paid through the Office of the Friend of the Court, such as payment to be applied toward medical bills, service fees, arrearages, spousal support, or educational expenses. In the absence of a notation, monies received will first be applied toward current child support and spousal support obligations and then toward outstanding fees, child support arrearages, medical and educational expenses, and any other ordered payments.
Income Withholding
The Law says that all support orders must have a statement requiring an Order of Income Withholding. Income Withholding is a court order requiring the payor’s (person required to pay support) employer (or anyone else who owes the payor money) to withhold child support from his/her check. This money is then forwarded to the Friend of the Court Office.
How the payments are handled
Child support, childcare, spousal support, dental, medical and educational payments paid to the Office of the Friend of the Court/Michigan SDU are received by the cashier and deposited. After payments are deposited, a check is written and mailed or electronically transferred to the appropriate person or the Department of Human Services (if the children are receiving public assistance), or divided between various custodians and public agencies. The checks are drawn on a Washtenaw County account from the funds deposited with the SDU by the individual required to pay support. Monies are usually forwarded to the custodial parent or appropriate agency within a two to three day period. Large checks may take longer to process since the monies are held in escrow to allow the check to clear the bank.
Payment of support with non-sufficient funds in your account could result in future payment only by cash, certified check, or money order.
Michigan law requires that the Office of the Friend of the Court charge a fee for services. The amount of the fee is established by the Michigan Legislature at the rate of $3.75 per month, chargeable January 2, and July 2, payable six months in advance. (The amount and terms are subject to legislative change). If service fees are delinquent they are deducted in increments until all are paid, however, this procedure may vary in some instances.
Public Act 141 of 1995 requires the Friend of the Court to levy an annual fee (surcharge) of “money judgment interest plus 1%” on all support payments that are past due as of January 1 and July 1 each year.
Direct Deposit (also known as electronic funds transfer (EFT))
The Washtenaw County Friend of the Court/SDU can deposit support payments directly into your bank account. When a payment is posted to your support account, the FOC electronically tells your bank to credit your account. In most instances, the payments will be received at your bank within three business days after the FOC applies the payment to your account. An extra day must be allowed for the transfer of funds if a legal holiday falls between the date payment is processed to the FOC account and direct deposit into your account. You may call (734) 994-9261 to verify that a support payment was receipted to your account. A Direct Deposit Authorization Agreement must be completed in order to exercise this option. These forms are available at the FOC office.
Receiving Support Checks from the Friend of the Court
If you are the recipient of support checks, you must be sure to keep us advised in writing of your current address.
All recipients must arrange for automatic electronic fund transfer. This convenience will allow the Friend of the Court to deposit your support directly into your bank account. Electronic deposit saves the delay in mailing and assures you the most prompt and efficient service.
Debit Cards: All support recipients without direct deposits will be issued a debit card. Support payments will be deposited by the SDU into the debit card.
Pay support BEFORE you buy gifts. The child support provision defines the payor’s legal obligations. You can do more for your children, but you first must comply with the terms of the order. Make all payments through the Friend of the Court. There may occasionally be delays, but they can be reduced by proper care on your part, and all payments can be accounted for quickly if the payor and the payee use some simple bookkeeping to allow them to double-check on the Friend of the Court.
Thirty dollars worth of clothing given to the children is not a substitute for a thirty-dollar child support payment. If you wish to buy clothes, they will have to be in addition to child support.
The children should not be moved from parent to parent without court approval. The Friend of the Court must continue to charge support pursuant to the courts order until the court order is modified.
When should I see my attorney and when should I see the Friend of the Court for enforcement? When does support stop?
Prior to entry of the judgment of divorce, your own attorney may wish to handle the enforcement of the ex-parte order or you may request the assistance of the Friend of the Court. The Friend of the Court cannot enforce ex-parte or temporary orders until a proof of service has been received by our office. After the judgment of divorce, you have the same option of going to your own attorney; however, the Friend of the Court will automatically enforce all support orders unless a written agreement, signed by both parties not to enforce, has been received. In cases involving public assistance, the Friend of the Court will enforce all support orders.
The Friend of the Court attempts to automatically remove children from the child support account when they turn 18 years of age; however, it is advisable to bring this to the attention of your bookkeeper, in writing. The parties should notify the Friend of the Court of any children who marry, enter the armed services, graduate from high school, or die before turning 18. The Friend of the Court will continue to monitor and enforce any monies owed unless the arrearage is specifically waived in writing by the payee.
Post Judgment Child Support Modification
Child support orders may be increased or decreased to meet the parties changed financial conditions. However, recent legislation prohibits a retroactive decrease in child support. Either party may petition the court at any time, through private counsel or they may obtain a petition from the Friend of the Court Office to assist them in representing himself or herself in the request for an increase or decrease in support. The Friend of the Court will assign a referee to hear and decide petitions for modification when both parties represent themselves. The forms can be obtained from the Friend of the Court Office or from the SCAO website. A backlog usually exists of about four months. If you cannot wait, you should seek private counsel.
Please note that the Friend of the Court is not required to investigate more than one request from each party every three years. Such a request must be made in writing. The Office of the Friend of the Court will then investigate the case to determine if child support should be increased or decreased due to “changed financial conditions.”
“Changed financial conditions” means an increase or decrease in the resources available to either party. “Changed financial conditions” includes, but is not limited to, receipt of public assistance, unemployment compensation, or workers’ compensation. A change in the child support schedule does not constitute “changed financial conditions.”
The Office of the Friend of the Court may also investigate a case on its own motion to determine if child support should be increased or decreased due to the following: a temporary or permanent change in physical custody of a child which the court has not ordered, or increased need of a child. If warranted by the investigation, the Friend of the Court may file the appropriate petition with the court.
Non-Retroactive Modification of Support
Michigan law seldom allows for retroactive modification of child support. This means that once child support is ordered, it generally cannot be changed once it is due and payable.
If your financial situation changes, you should immediately file a motion for a change in the support amount. The court may adjust the support amount back to the date that notice was served on a petition. Simply notifying the Friend of the Court of a change in either party’s financial situation does not change the court order.
Effective January 1, 1997, Michigan law created an important exception to the rule that support cannot be retroactively modified. The court now may modify support retroactively where a party knowingly and intentionally fails to report, refuses to report, or knowingly misrepresents income that was required by the court to be reported to the Friend of the Court.