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A support order is any order entered by the family division that requires the payment of support.
Support may include:
- Child support
- Spousal support
- Payment of medical, dental, and other health care
- Payment of confinement expenses (these are the mother's costs related to the birth)
- Payment of childcare expenses
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Child Support Formula
Michigan law requires that the child support formula be used to determine child support amounts.
A different amount may be used if the judge or referee states the amount required by the formula and
a clear reason in writing or on the record why using the formula is "unjust or inappropriate."
The formula, and the guideline computer program for calculating support, may be found at
www.courts.michigan.gov/scao. |
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Support Payments
Unless otherwise ordered, the support is paid through the State Disbursement Unit (SDU).
More information on the SDU may be found at www.misdu.com.
When support received by the SDU sufficiently identifies to whom the support should be paid, it must be forwarded to the recipient
within two business days of receipt. Support is normally paid through income withholding. Do not send cash through
the mail. The Saginaw County Friend of the Court Office allows support payments to be made by credit
card. If you pay by credit card, you must call 1-888-604-7888 (toll free, 24 hours) to access this service instead of
charging the support at the Friend of the Court Office. A 5% fee will be charged to your credit card account for using this method of payment.
Persons who are entitled to receive support may have their checks deposited into their bank accounts
by completing an Electronic Funds Transfer (EFT) Application. This form is available by contacting the IVR and under the "Forms" section of this website. |
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Statutory Service Fees
Michigan law requires the Friend of the Court to charge the payer of support a fee for all support
cases. The current fee is $42 per year. |
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Surcharge on Overdue Support
For a Friend of the Court case, as of January 1st and July 1 of each year, a surcharge shall be added to support payments
that are past due as of those dates. The surcharge shall be calculated at a rate equal to the adjusted prime rate determined by
the Department of Treasury under section 23 of 1941 PA 122, MCL 205.23, at the time the surcharge is calculated. The amount shown
as due and owing on the records of the Friend of the Court as of January 1st and July 1st of each year shall be reduced by an amount
equal to 1 month's support for purposes of assessing the surcharge. A surcharge under this subsection shall not be added to support
ordered under the Paternity Act, 1956 PA 205, MCL 722.711 to 722.730, for the time period to the date of the support order. |
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Automatic Support Enforcement
The Friend of the Court will begin enforcement action when past due support reaches an amount equal
to 8 weeks of support. This may be done without waiting for a complaint or request for enforcement. If you believe that the support
on your case is 8 weeks behind, you may fill out a request for enforcement (see forms page) and send it to your Support
Specialist at the Friend of the Court. Your Support Specialist will then determine if your case is eligible for enforcement. If the case is
eligible, a settlement conference will be set which you will get notice of. If it is not eligible, you will receive a call or a letter from
your Support Specialist stating the reason enforcement cannot commence. |
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Enforcement of Support
The Friend of the Court has many options available to collect support, they include:
- Immediate Income Withholding
Support orders entered after December 31, 1990 must provide for immediate income withholding.
Income withholding tells the payer's employer or other source of income to withhold support
and send it to the State Disbursement Unit. In addition to current support, the notice will
also instruct that fees and an arrearage amount be withheld and sent. The Friend of the
Court may increase the amount to be collected for arrearage if a payer's arrearage
increases.
- Contempt of Court (Show Cause) Hearing
If support is not paid on time, the Friend of the Court or a party may begin a contempt
action by filing a petition and scheduling a show cause hearing. An appointment will first be
set with a Hearing Officer in the Friend of the Court Office to try and settle the case if possible
before going before the Judge. If the payer fails to appear, a bench warrant will be issued for his/her arrest. At a show cause hearing or
bench warrant arraignment, the payer may be sentenced to jail or Work Detail and usually is
required to make a lump sum payment.
- Income Tax Intercept
If support is overdue, the Friend of the Court must represent an income tax intercept for
the cases that qualify under the federal IV-D program.
In such cases, a tax refund due to the payer of support is sent to the Friend of the Court
and applied to past due support for minor children as required by law (support owed to the
State of Michigan must be paid first).
- Other Enforcement Remedies, Including Suspension of Drivers License
Several other enforcement remedies exist. If the payer's arrearage is sufficiently large,
the payer's driver's license may be suspended.
In addition, the Friend of the Court may be able to place a lien on the payer's real and
personal property, and have that property converted to a support payment.
- Medical Enforcement
Enforcement of health care insurance and uninsured health care expenses, as specified in
your support order, will be done by a medical team at the Saginaw County Friend of the Court
Office. This team is referred to as the Medical Enforcement Division. You may contact the
Medical Enforcement Division by submitting your questions or requests in writing. More
information and forms for medical enforcement are available in the second floor lobby of the
Friend of the Court office and under the "Forms" section of this website.
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Modifications of a Support Order
The Friend of the Court Office will review child support orders once every 24 months upon written
request.
- Support Modification Actions Started by Parties
A party may file his or her own petition to change a support order. Petitions and
instructions for changing support are located in the second floor lobby of the Friend of
Court Office and under the "Forms" section of this website. If both parties agree to change
the support order, the Friend of the Court will put the agreement in the form of an order to
be signed by the judge. Regardless of how the modification process is started, parties will
be expected to submit financial information and attend a referee hearing if no agreement can
be reached on a new support amount.
- Non-Retroactive Modification of Support
Once child support is ordered, it generally cannot be changed after it is due and payable.
If your financial situation changes, you should immediately file a petition to change the
support amount. The court may adjust the support amount back to the date that the petition
was filed. Simply notifying the Friend of the Court of a change in either party's financial
situation does not change the court order.
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| FREQUENTLY ASKED QUESTIONS REGARDING SUPPORT |
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- What happens if my support check was issued (mailed) but I never received it?
You must contact the MiSDU and they will investigate the matter.
- The other party is not paying support as ordered. What can I do?
Contact the Friend of the Court for enforcement. You may also contact an attorney to start
enforcement action.
- My court order states that I am to pay support through the Friend of the Court. Can I pay the
other parent directly?
No, not without a change in your court order. If you fail to get the order changed you may not
receive credit for the payment.
- If I am receiving public assistance (TANF or FIP) do I still get child support?
No, The Friend of the Court must send to the state any child support payments made while you are
on public assistance.
- 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 verify how child support payments are being
spent.
- If I have been paying my child support and the custodial parenting is not allowing parenting
time, do I have to keep paying support?
Yes. Parenting time and support are separate parts of a court order. Each has special enforcement
procedures which must be used when that part of the order is disobeyed.
- The other party has stopped paying support and has moved to another state. What can be done to
enforce my support order?
If a support payer leaves Michigan and support payments are not timely, or stop altogether, there
are laws to assure that payments are made. Each state now has a law called the "Uniform Interstate
Family Support Act (UIFSA)." UIFSA assists states in dealing with cases where a party or source
of income is in another state. It replaces other interstate child support laws. Under UIFSA,
only one state has the right to establish or modify support. This right can be given to another
state only if certain conditions are met. UIFSA became effective in Michigan on June 1, 1997.
Some of the procedures available under UIFSA include interstate income withholding, registration
of the order in the other state for enforcement, and registration of the order in the other state
for modification.
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