How to Apply for Child Support Services

Child support services are automatically provided to individuals who are receiving or have received Family Independence Program (FIP) benefits and/or Medical Assistance (Medicaid). Individuals complete the IV-D Child Support Services Application/Referral form (DHS-1201) when receiving Food Assistance Program (FAP) or Child Development and Care (CDC) benefits. Your Department of Human Service's caseworker will refer you to your Child Support Specialist at the Office of Child Support.

If you do not receive FIP, FAP, CDC or Medicaid benefits, you can apply for child support services by filling out an application. The IV-D Child Support Services Application/Referral form (DHS-1201) is located at: http://www.michigan.gov/documents/DHS-1201_136519_7.pdf .

If you have questions about the application process, contact the Office of Child Support toll-free at 1-866-540-0008.

If you already have a court order for child support and wish to apply for child support services, you may contact your local Friend of the Court. County Friend of the Court telephone numbers are located at: http://www.michigan.gov/documents/FIA-IVR-Phone-Numbers_94093_7.pdf.

Your Rights and Responsibilities

When you apply for child support services, you have the right to:

• Receive fair and nondiscriminatory treatment.
• Have all private data treated as confidential
• Be notified of every important action concerning your case
• Have the opportunity to participate in any court action involving your case
• Ask for reviews and adjustments of your support order.

• You or the other parent has a change of address
• You or the other parent has a new phone number or a new job
• The number of children living with you changes
• You have new information that might help locate the other parent
• You apply for FIP or Medical Assistance
• You are involved in other court actions (e.g., divorce action) regarding support payments.

The Change of Information form is at http://courts.michigan.gov/scao/
courtforms/domesticrelations/focgeneral/foc108.pdf.

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How To Locate Absent Parents

To obtain assistance with locating an absent parent, you will work with the agency that is currently handling your case.

To assist the child support office with locating a parent, the most important information you can provide is his or her social security number and employer's name and address. The following checklist may be helpful when gathering information about the absent parent:

• Name/s and nicknames
• Social security number
• Date and place of birth
• Last known home address
• Last known employer
• Photograph
• Relatives' names and addresses
• Military record
• Assets (home, business, cars, boats, etc.)
• Favorite "hangouts," hobbies, memberships, etc.

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How to Establish Paternity (put name of father on the birth certificate)

Establishing paternity by including the father on the birth certificate gives a child born outside of marriage the same legal rights as a child born to married parents.

Children with legal fathers are entitled to benefits through their fathers. These include Social Security benefits, veteran's benefits, and inheritance rights. Children may also benefit by knowing the family's biological, cultural, and medical history.

When a married couple has a child, the law automatically recognizes the husband as the child's legal father so paternity does not need to be determined.

When an unmarried woman has a child, an official act is needed to establish the legal father of the child. This is called the establishment of paternity.

Child support offices may assist either parent in establishing paternity for a child who does not have a legal father. Paternity must be established before the court can order child support.

Paternity can be established in the following ways:

• If a child is born to an unmarried mother, she and the alleged father can sign an Affidavit of Parentage form at http://www.michigan.gov/mdch/0,1607,7-132-2939-18708--,00.htmlto legally establish the father's legal rights (sometimes referred to as paternity acknowledgment), or
• The mother and the alleged father can ask the court to determine the legal father of the child. The prosecuting attorney's office in each county is responsible for filing and prosecuting actions to establish paternity.

• the man is not the biological father of the child, or
• a greater than 99% likelihood that the man is the father of the child.

• For questions on paternity establishment contact a DHS support specialist toll-free at 1-866-540-0008.

Assistance with Support Cases Involving Other States (Interstate)

You may still receive child support services even if one of the parties in the case lives in another state. You simply follow the directions above in applying for child support services if you do not already have a case. Your worker will let you know if your case can be handled solely by Michigan or if it is an interstate case.

Once a case is established as an interstate case it is handled through the interstate process mandated by the federal government. All states must provide child support services regardless of where the other parent lives. The Uniform Interstate Family Support Act (UIFSA) requires states to work together to establish and enforce a child support order.

If you know the state to which the non-custodial parent has moved, your Department of Human Services' support specialist or Friend of the Court worker (which ever one you are working with) can contact the child support enforcement agency in the other state and confirm this. If there is a confirmation, the case can be handled through a cooperative effort between the states.

If the non-custodial parent's employer is known, the Friend of the Court can use interstate income withholding to enforce a support order.

If you are not certain where the non-custodial parent has moved, your local child support worker can attempt to locate him or her using a variety of processes and databases. See Parent Locator Resourcesmore information on this process.

• For help with interstate child support, contact a DHS support specialist toll-free at 1-866-540-0008, or your local Friend of the Court (FOC). The listing of FOC numbers can be found at http://www.michigan.gov/documents/FIA-IVR-Phone-Numbers_94093_7.pdf.

Establishing a Court Order for Child Support, Medical Support and Childcare Support

The prosecuting attorney's office in each county is responsible for actions to establish support. If you do not already have an order for child support, you may contact an attorney, represent yourself, or contact a DHS support specialist toll-free at 1-866-540-0008. You must submit an applicationto the DHS support specialist and the support specialist can assist if needed. If all appropriate information is included, the support specialist will make a referral to the appropriate prosecuting attorney.

The support specialist may call for additional information if it is needed before making a referral to the prosecuting attorney. The prosecuting attorney will petition the court for a support order and may contact you for additional information if it is needed prior to that time. You may also be contacted by the Friend of the Court, who is responsible for making recommendations on support.

The court generally orders the non-custodial parent to provide support for a child living with the other parent. The court sets the amount of support a parent must provide. The support order may be a part of an interim, temporary, permanent, or modified court order in a divorce, paternity action, child custody action, or separate child support action. Note: Paternity must be established, either voluntarily or through court action, before the court can establish an order to pay child support.

Three types of support can be ordered:

• Child support
• Medical support
• Childcare support

In some cases, the court may decide not to use the income guidelines to determine the amount of child support. When parents have joint physical custody, shared custody, or split custody of a child, the determination of child support may not fit the formula. For more information on child support guidelines, see the Child Support Formula manual:
http://courts.michigan.gov/scao/services/focb/mcsf.htm.

Medical Support - Michigan law states: "The court shall require that one or both parents shall obtain or maintain any health care coverage that is available to them at a reasonable cost, as a benefit of employment." This means that if an employer offers health care coverage, the employee's child must be enrolled if it is available at a reasonable cost. One or both parents may also be ordered to pay medical expenses that aren't covered by insurance. This is determined on a case-by-case basis.

Childcare Support - When a parent incurs work-related childcare expenses, an additional order adjustment is required. Work-related childcare expenses include those that allow the parent to look for employment, retain paid employment, or to enroll in and attend an educational program that will improve employment opportunities. Using each party's income, the court decides the financial responsibility for this cost.

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Establishing a court order for custody and parenting time

Parents must contact their Friend of the Court to establish an order for custody and parenting time. The Friend of the Court will investigate and make a recommendation regarding custody and support. The listing of FOC numbers can be found at http://www.michigan.gov/documents/FIA-IVR-Phone-Numbers_94093_7.pdf.

For a copy of the Michigan Custody Guideline go to
www.courts.michigan.gov/scao/resources/
publications/manuals/focb/custodyguideline.pdf.

For a copy of the Michigan Parenting Time Guideline please go to
www.courts.michigan.gov/scao/resources/
publications/manuals/focb/pt_gdlns.pdf.

There is also a parenting timewebsite available.

There are also custody and parenting time formsavailable that can be used by parties in a custody and parenting time case.

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Modifying a court order for support

Modification of a support order can by done in two ways:

Friend of the Court automatic review every 36 months. Every 36 months the Friend of the Court does a review of child support orders. This review is automatic in public assistance cases, and upon written request in all other cases.

When reviewing support, the Friend of the Court office may request information from the parents' employer, including address, social security number, date of birth, wages earned, and dependent health care coverage available as a benefit of employment.

When directed by the judge, the Friend of the Court office will also conduct a financial investigation and make a written report and recommendation to the parties involved (or their attorneys) and the judge regarding child support.

Customers can send an Objection to Child Support Reviewform to their Friend of the Court if he or she receives a notice of a child support review (Form FOC 71) and he or she does not agree with the determination.

Requesting a support modification motion with the court. You may choose to file a motion to change the support order more often than every three years if there is a substantial change in income for either party.

The office of the Friend of the Court can provide forms and instructions to file this type of motion. You may also contact an attorney to file a motion requesting a change in the amount of support.

If both parents agree to change the support order to the amount shown by the child support formula, they may sign an agreement. Once that agreement is put in the form of an order, signed by the judge, and filed with the county clerk, it will become a court order.

For assistance in modifying a support court order, contact your local Friend of the Court. The listing of FOC numbers can be found at http://www.michigan.gov/documents/FIA-IVR-Phone-Numbers_94093_7.pdf.

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Modifying an order for custody or parenting time

You may choose to file a motion to change a custody or parenting time order. You may contact the Friend of the Court to make this request for modification. See custody and parenting time formsthat can be used by parties to request a modification of an order for custody or parenting time. You may also contact an attorney to file a motion requesting a change in custody or parenting time. The listing of FOC numbers can be found at http://www.michigan.gov/documents/FIA-IVR-Phone-Numbers_94093_7.pdf.

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How to make support payments

All support in Michigan is collected and distributed by the Michigan State Disbursement Unit (MiSDU). The MiSDU receives support payments from employersthrough Income Withholding Orders (IWN) or directly from individual payers.

Individual payers can make payments:

• By check sent in the mail to:
  Michigan State Disbursement Unit
  P.O. Box 30351
  Lansing, Michigan 48909-7851
• Through the Internet
• By credit card.

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How support payments are received by the custodial party

The custodial party can receive payments:

• Through direct deposit into a personal checking/savings account.
• Through deposit to a child support debit card.

For additional information about the disbursement of child support payments see: www.michigan.gov/documents/dhs/Electronic_Disbursement_281274_7.pdf

For a list of Frequently Asked Questions about the disbursement of child support payments see: www.michigan.gov/documents/dhs/AT_2009-008_FAQs_281884_7.pdf

Who to contact if there is a problem with collection or distribution of support

The child support program is operated by the Office of Child Support, the Friends of the Court and prosecuting attorneys. For a listing of where concerns should be directed go to http://www.michigan.gov/dhs/0,1607,7-124-5453_5528_31133-94277--,00.html.

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How support will be enforced

Child support enforcement is handled by the Friend of the Court in the county (FOC) that has jurisdiction over the case. The listing of FOC numbers can be found at http://www.michigan.gov/documents/FIA-IVR-Phone-Numbers_94093_7.pdf. For a listing of enforcement remedies available, please see Enforcement of Supportat http://www.michigan.gov/dhs/0,1607,7-124-5453_5528_29251---,00.html.

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How to change your address

All parties in a child support case must, under law, keep their address current with the Friend of the Court. If you have moved, please send the FOC an updated address form. For a Change in Personal Information form go to http://courts.michigan.gov/scao/courtforms/
domesticrelations/focgeneral/foc108.pdf. Provide your changed information on the form and mail to your Friend of the Court. A listing of Friend of the Court addresses can be found at http://www.courts.michigan.gov/scao/services/dirs/trialdir.htm

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How to check if you have unclaimed support

Because some individuals do not keep their addresses updated, or do not cash child support checks that are sent to them, they have unclaimed child support. To check if you have unclaimed child support, go to our online lookup page at http://www.michigan.gov/dhs/0,1607,7-124-5453_5528-107523--,00.html.

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Payment Plans for Overdue Support (arrears & surcharge)

Pursuant to Michigan law (MCL 552.605e), a payer may file a motion with the circuit court for a payment planto pay arrearages and to discharge or abate arrearages. The law, which permits this, is targeted to individuals who do not have the ability now or in the foreseeable future to pay the total arrearage.

The law specifically prescribes the circumstances under which a payment plan can be approved. The Office of Child Support must receive a copy of the motion 56 days prior to the hearing date and may provide comments to the court on the arrears payment plan request.

If the plan is granted and, if during the payment plan, the payer's circumstances change and he or she now has the ability to pay all or more of the arrears, the payment plan may be modified or terminated.

The discharge or abatement of arrears occurs upon completion of the plan, based on the payer's compliance with the plan.

The payer has the responsibility to file a motion initiating the arrears payment plan. The payer also has the responsibility to request a hearing with the court upon completion of the plan to determine arrears payment plan compliance status and any abatement or discharge of the remaining arrears. The payer is still responsible to pay any current support obligations during the arrears payment plan.

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