If it has been three years or more since the most recent child support order, you may request, in writing, a child support review by the Friend of the Court. The Friend of the Court will conduct an investigation and make a recommendation for an order based upon the Michigan Child Support Formula. If it has been less than three years, you will need to file a motion for modification of support (forms and instructions are available at the Friend of the Court office or on this website underForms page.
If I have been paying my child support and the custodial parent is not allowing parenting time as stated in my Court order, do I have to keep paying support?
Yes. Parenting time and support are separate parts of the Court order, with separate enforcement actions. Please advise the Friend of the Court, in writing, of the claimed parenting time violations so that enforcement action may be taken.
The non-custodial parent is not making regular child support payments. Do I have to allow him/her to have parenting time?
Yes. Parenting time and support are separate orders of the Court as explained above.
I paid my child support directly to my co-parent. Can I get credit?
No. If your order requires you to pay through the Friend of
the Court or MiSDU, you must do so. Support is paid through the Friend of the Court in order that an official record of payments is maintained. However, a one-time only basis, the Friend of the Court will extend credit to your account if your co-parent agrees to the credit, in writing.
We both want to pay direct. Can we do so?
Only if your Court order allows it. The Friend of the Court will not approve such an arrangement. However, you may seek an order from the Court which allows you to "opt out" of the Friend of the Court office (forms and instructions are available at the Friend of the Court office or on this website underForms page).
Do I have to pay child support after my child reaches 18?
In Michigan, child support continues past the age of 18 if certain conditions are met. Support may continue up to age 19 1/2 if the child is "regularly attending high school on a full-time basis with a reasonable expectation of completing sufficient credits to graduate from high school while residing on a full-time basis with the payee of support or at an institution." This means that current child support charges will continue until the child reaches the age of 18 or graduates from high school, whichever occurs later, not to exceed 19 1/2 years of age.
If I am receiving public assistance, do I still get child support?
No. The Friend of the Court must send any child support payments made while you are on public assistance to the State of Michigan.
Is the Friend of the Court responsible for making sure that child support money is being spent on the children?
No. The law does not give anyone the authority to specify how child support payments are to be spent.
I am in jail without work release. Do I have to pay child support?
Yes. However, under Michigan law, long-term incarceration -- coupled with an inability to pay during the incarceration -- will result in a suspension of charges during that time. You will need to provide verification of your "in date" and "out date."
How do I get an Income Withholding Order started to have the child support taken from my pay?
Contact the Friend of the Court office and provide the following information:
Name of employer,
Mailing address, and
FEIN (Federal Employer Identification Number) if possible.