Friend of the Court & the Child Support Enforcement Program

Enforcement

The Child Support Enforcement Program was created under Title IV-D (Four D) of the Social Security Act. In Michigan, this program is administered by the Office of Child Support in cooperation with Friend of the Court Offices. The Office of Child Support is part of the Family Independence Agency (formerly called the Department of Social Services), and has the responsibility to administer Federal child support program funds, coordinate location of absent parents, and manage the process for income tax intercepts. The Office of Child Support may also initiate actions to have support orders entered under the Paternity Act or the Family Support Act, and to have support enforcement actions taken in another state.

Income Withholding and 14 Day Notice

Enforcement will automatically begin when support arrearages exceed the standard established by law. The delinquent payor will be notified that the arrearages have exceeded the standard and that enforcement will begin, including income withholding. A hearing on the issue of income withholding may be requested in writing by the payor within fourteen (14) days of this notice if the existing order requires a hearing. If no hearing is requested, income withholding will begin. If a hearing is requested within the fourteen (14) days, it will be held before a referee within fourteen (14) days of the receipt of the request. At the hearing, the payor may contest the withholding, but only on the grounds of a mistake of fact concerning the amount of current or overdue support or the identity of the payor. Either party can appeal the referee’s decision to the circuit court within fourteen (14) days of the decision. However, the referee’s decision takes effect pending the appeal.

Show Cause Hearings

If income withholding is inappropriate or unsuccessful, an order to show cause hearing will be requested. At this hearing, the judge may be requested to find the delinquent payor in contempt of court for failure to obey the court’s order. If the judge finds the payor in contempt, conditions will be set to enable the payor to clear him/her self of contempt. If the delinquent payor is sentenced to jail, he/she will be released from custody immediately upon compliance with the conditions set by the judge, even though the term of the sentence may not have expired. Incarceration does not cancel accumulated arrearages — they must still be paid.The payor MUST be at the hearingBoth parties are encouraged to attend the show cause hearing. A warrant will be issued for the arrest of the parent paying support if he/she fails to appear. The custodial parent should appear to inform the Friend of the Court of the resources held by the paying parent and to assist in identifying and locating the paying parent. Little patience will be shown the custodial parent who fails to appear at the show cause hearing and then complains about the result.The custodial parent will receive a copy of all delinquency notices and hearing notices. Copies of notices will also be sent to the original attorneys of record prior to judgment. Either party may ask his/her attorney to accompany him/her to any hearing.If a payer does not appear for a “show cause” hearing, the judge may issue a bench warrant for the payer’s arrest, so that (s)he may be brought before the court. Effective January 1, 1997, in most cases the court should order the payer to pay costs associated with the issuance of the bench warrant, including those of the arrest and further proceedings.Once a bench warrant is issued, the duty to arrest usually lays with local law enforcement agencies. A bench warrant issued for failure to appear for a contempt of court hearing is only valid within the State of Michigan.

Federal and State Tax Refund Offset

The Friend of the Court may collect past due support from Federal and State income tax refunds in both FIA and non-FIA IV-D cases. There are current eligibility requirements that must be met for a case to be submitted for a tax offset. Based on the eligibility requirements, submission of arrearages is done automatically by the Friend of the Court.

License Suspension

For payers with an arrearage of six 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.

LIENS

A lien is a claim against real or personal property. Once a person holding property is informed of the lien, that person must not allow the property to be transferred until the lien is released.As of August 1998, Michigan law provides that a lien, for the past due support amount, exists against the support obligor’s real and personal property.

Fraudulent Conveyances

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

Medical and Dental Bills

Health care insuranceMichigan law provides that one or both parents shall obtain and maintain any health care coverage that is available to them at a reasonable cost, as the benefit of employment, for the benefit of the minor children of the parties. If a parent is self-employed and maintains health care coverage, the court must require the parent to obtain or maintain insurance coverage for the benefit of the minor children of the parties, if available at a reasonable cost.Medical and dental billsPayment of health care expenses will be apportioned between the parents based on the percentage ratio indicated in their court order. Read your judgment of divorce or current court order carefully so that it is clear to you, which portion of the medical and dental expense is your responsibility and which portion is the responsibility of the other parent.Discuss with, or at least inform, the payor of the medical or dental services that must be performed, and attempt to work out a payment plan with the physician.Regardless of how the initial portions of health care expenses are to be paid, the same procedure should be followed when submitting medical bills to the Friend of the Court Office.

1. The payee should request a bill from the physician or dentist that includes the amount charged, the name of the child for whom the services were performed, and the date and nature of the services performed. The provider name and address is required on all bills.
2. A copy of the bill should be provided to the non-custodial parent immediately after the service is rendered.
3. Use any medical insurance the child may have to keep medical costs to a minimum.
4. Request payment of outstanding medical or dental bills in a timely fashion. Submit only the uninsured portion to the Friend of the Court for reimbursement. Both an itemized bill and Explanation of Benefits is required if there is insurance coverage. The Friend of the Court Office will not accept bills that are more than six months old and have never before been submitted.
5. The Friend of the Court Office will enforce ordered payment of medical and dental expenses through income withholding and/or contempt proceedings.

Discuss medical and dental expenses with your ex-spouseThe custodial parent generally will make all decisions regarding medical care, such as choice of doctor, nature, and extent of care, and timing of non-emergency care. If possible, the non-custodial parent should be consulted on major decisions such as orthodontic work and major surgery. Specialized courses of treatment generally require a separate court order unless otherwise specified in the judgment. The custodial parent makes the decision as to the care. The judge will decide if it is reasonable. The judge and the doctor will not necessarily agree.

Educational Expenses

When educational expenses are ordered payable through the Office of the Friend of the Court, the Friend of the Court Office will enforce this obligation in the same manner as all other support enforcement.