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I think that my child is being abused/neglected during parenting time spent with the other parent. What should I do?
The Friend of the Court office has no authority to investigate abuse and neglect allegations. These types of concerns should be reported to Child Protective Services for investigation. Only Child Protective Services has the authority to remove a child from the home of a person who commits or allows mistreatment.
The other party and I are in agreement regarding child support, parenting time and custody. Do we have to utilize the Friend of the Court services?
No, you may choose to Opt Out of our services. Parties who “opt out” must assume all responsibility for administering and enforcing the court’s orders. Even after a FOC case is opened, parties may choose to “opt out” by filing the proper motion with the county clerk’s office. There are several circumstances that may prevent parties from opting out, refer to the Jackson County Friend of the Court handbook for these situations.
How do I get a child support case started?
You can start a support and/or paternity case, free of charge, by contacting the Office of Child Support at 866-540-0008. They will assist you and guide you in what you need to do. You can also file a complaint that includes a request that the court enter a child support order with the county clerk’s office. You can do this on your own (in pro-per) or through an attorney.
Do I have to have an attorney to file a Motion Regarding Parenting Time, Support or Custody?
No, you may pick up the forms and instructions at the FOC office and file the motions yourself at the County Clerk’s office. There is a $100 fee for the Motions Regarding Parenting Time and Custody and a $60 fee for the Motion Regarding Support. The FOC can not file a motion, provide an attorney or complete the paperwork for you.
My order states that I have “reasonable” parenting time. What does that mean?
An order that grants “reasonable’ parenting time assumes that you and the other parent will agree to a parenting time schedule that is convenient for both of you and in the best interest of the child(ren). If, as parents, you can not agree you may file a Motion Regarding Parenting Time, contact an attorney or ask to participate in mediation at the FOC office. Jackson County’s 4th Judicial Circuit Court defines “reasonable” parenting time and publishes it in the Friend of the Court Parenting Time Handbook which are available at the FOC office and on our website.
The non-custodial parent is not paying support as ordered. Can I withhold parenting time?
No. You must follow the parenting time order. These are two separate issues.
The other party is not following our parenting time provisions. What can I do?
File a Parenting Time Complaint at the FOC office within 56 days of the incident. This form is also found on the FOC website The FOC starts enforcement by sending a copy of the written complaint to the accused party within 14 days after the FOC office receives the complaint. If the FOC office determines that the order has been violated, “make up parenting time” may be suggested, or action started that requires the party to show cause why the court should not find the party in contempt. You also have the option of filing a Motion Regarding Parenting Time requesting a change in your parenting time provisions.
The other party never returns clothing or other personal items after parenting time. What can I do?
The FOC can only enforce the court’s written order, therefore, if your order does not mention return of personal items we can not enforce it. We encourage you to contact the other party directly and try to work these situations out. You may also file a Motion Regarding Parenting Time asking the court to modify the order.
The other party never exercises his/her parenting time. Can you enforce that he/she see the child(ren)?
No. The FOC office can not force a parent to see his/her children. To promote a positive relationship with the children and the other parent, you may wish to consider counseling, mediation or file a motion tochange the parenting time order.
My children do not want to visit with the other parent. Do I have to make them go?
You must obey the court order regardless of the child’s age and preferences. Each parent must try to promote a positive loving environment for the child(ren) and the other parent. You may want to try counseling for you, the child and/or the other parent; talk to the other parent to see if other arrangements can be made; or file a Motion Regarding Parenting Time. I believe the other party is using drugs and/or under the influence of alcohol. Do I have to allow the children to go with parent for scheduled parenting time?
That is your decision as a parent. If you violate the court order, you may be held responsible to explain your decision to the court for the denial of parenting time for the other party, if there is a complaint filed. A show cause hearing will be held to determine whether or not you should be held in contempt of court for violating the parenting time order. That will be your opportunity to explain why your decision was in the best interest of the children.
Who has to provide medical coverage for the minor child (ren)?
Your court order will reflect which parent is ordered to provide insurance. A copy of your order can be obtained at the County Clerk’s Office.
My employer is deducting insurance premiums from my paycheck and I cannot afford it.
If the cost to provide health care exceeds five (5%) the parent is not responsible for providing insurance. If the amount exceeds 5% of your gross income, you must provide the Friend of the Court a copy of your pay stub and proof of the cost of the health care coverage from the employer or insurance company. Once the information is received, our enforcement staff will review the information and determine whether or not you must take your employer’s health plan. If not, a letter will be sent to your employer canceling the National Medical Support Notice.
I pay child support and an amount toward ordinary medical each week. Why should I have to pay for annual ordinary medical through my employer?
The money withheld from your pay check is in addition to child support, it is for ordinary health care expenses. Ordinary health care expense include insurance co-payments, deductibles and other qualified uninsured health care expenses. Ordinary health care expenses are in addition to providing child support and health care coverage.
The other party and I agree that I will carry the insurance as it is available at a reasonable cost or no cost to me. Does the other party still have to carry insurance?
Yes, if your current court order states that each party must carry insurance. The FOC must enforce this order. You may, though, file a Motion Regarding Support at the County Clerk’s Office to change your order regarding this.
What can I do to pursue a felony warrant?
Under federal and Michigan Law, failing to pay child support may be a felony criminal offense. The FOC does not have the authority to bring felony charges. Federal charges are filed and prosecuted by the United States Attorney General’s Office. Their contact information is: G. Mennen Williams Bldg, 7th Floor, 525 W. Ottawa St., PO Box 30212, Lansing, MI 48909, 517-373-1110 or 877-765-8388.
My support is the same as it was when I divorced years ago. What can I do to have my support reviewed?
The FOC will review child support orders once every 36 months upon written request from one of the parties. The support review process can take between 4-6 months to complete. If you need an immediate review in the support amount due to a change in your income or the other parent’s income you should file a Motion Regarding Support.
Can I continue receiving support if my child goes to college?
No. Child support can continue up to age 19 ½ if the child attends high school on a full-time basis with a reasonable expectation of completing credits to graduate and the child continues to reside with the person who receives the support payments. If the child has graduated, support ends on the child’s 18th birthday.
I want to take my children and move out of state for a new job. What must I do?
File a Motion Regarding Custody asking for a change in domicile. You can not move more than 100 miles away from your residence, at the time of the court order, without approval from the court.
Can the Friend of the Court assist parties in reaching an agreement regarding custody?
Yes. The Friend of the Court provides domestic relations mediation when there is a custody dispute and both parties agree to participate in mediation. If both parties want to settle their dispute through mediation, they must submit a jointly signed statement requesting this voluntary service.
My court order says to pay support through the Michigan State Disbursement Unit. May I pay the other parent directly?
No, not unless your order specifically allows direct payments. If it does not, you might not receive credit for payments made directly to the other parent.
If I am receiving TANF or Department of Human Services public assistance, may I also receive child support?
No. The Michigan State Disbursement Unit must send any support payments that it receives from the other parent to the Department of Human Services to offset the public assistance that you receive from the Department of Human Services.
Will the Friend of the Court make sure that child support money is spent on the children?
No. The law does not authorize the Friend of the Court to verify how child support payments are spent by the custodial parent. However, the court may change the custody or support arrangements if you can show that the custodial parent has neglected the children’s needs by misusing your support payments.
Why won’t the Friend of the Court enforce what the judge said in court, even if it’s not in the written order?
The Friend of the Court’s authority is limited to enforcing WRITTEN court orders.
May I see my child’s school, medical and other records if my child lives with the other parent?
Michigan law gives both parents the right to see certain records regardless of the custody arrangement. That includes medical, dental, school and the day care records. In addition, both parents are entitled to receive advance notice of meetings that concern their child’s education.
However the Friend of the Court cannot enforce that law. You may wish to consult an attorney if you are denied any of these rights.
How do I file a complaint against the Friend of the Court?
The Friend of the Court Act includes a grievance process. You may use it to complain about a Friend of the Court office operation or employee. Depending on the subject of your grievance and when you file it, you will receive a response from the Friend of the Court or the Chief Judge. You can obtain a grievance form at the Friend of the Court office or at www.courts.mi.gov/.
Within 30 days, the Friend of the Court must investigate your grievance and respond in writing or explain why a response can not be provided within that time. If you are not satisfied with the Friend of the Court response, you may file the same grievance with the chief circuit court judge.
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