Frequently Asked Questions

Support payments should be paid to the Michigan State Disbursement Unit (MiSDU). 

Payment options are available on the MISDU website

When sending a payment to MiSDU, please include your full name, case number and your social security number. Checks and/or money orders should be made payable and sent to:

MiSDU

PO Box 30351

Lansing, MI 48909-7851

If the FOC has the payer's employment information, a Notice of Withholding will be sent to the payer's employer. The employer will send payments to MiSDU. The payer is responsible for making support payments on their own, through the MiSDU, until support payments are deducted from the payer's wages.

Direct payments after the support order is entered are considered a gift.

If you are a custodial party who is receiving cash assistance from the Department of Health and Human Services (DHHS), some or all of your child support may be sent (assigned) to the state to pay back some of the money the state provides to you and the child(ren). If the total support collected is more than your cash benefits for at least two months, DHHS may close your cash assistance case so you can receive the child support payments directly. 

If you are a custodial party who is receiving food stamps and/or child care, the support payments will be sent to you.

Medical support payments for children receiving Medicaid benefits will be sent (assigned) to the Michigan Department of Community Health.

In Michigan, the amount of child support is determined using the Michigan Child Support Formula.  In some cases, the court may deviate from the Michigan Child Support Formula.

For more information, see the Michigan Child Support Formula Manual available from the State Court Administrative Office (SCAO), or on the SCAO website.

Under Michigan law (MCL 552.517), you have a right to request a child support review every 36 months.

If you wish to request a support review, please send your request in writing, to the following address:

Support Modification

220 W Ellsworth St 4th Floor

Midland, MI 48640

If you are not eligible for an administrative review, you may file a Motion Regarding Support with the court. You may contact the Office of Friend of the Court to request a motion form.

The FOC will provide one (1) free statement of your account per year upon request. Additional printouts throughout the year will be provided upon request, at the rate of $1.00 per page. 

To request a statement of account or payment history, call or write:

Office of the Midland County Friend of the Court

220 W Ellsowrth Street, 4th Floor

Midland MI 48640

(989) 832-6801

If you have questions or believe there is a mistake, you should write your comments on the printout. Please describe the mistake and where you think it was made. You can return the printout (or a copy) to the FOC. We will review the account and make every effort to correct any mistakes.

If you think your employer is not sending in your payments, or if they have missed sending a payment, you should contact your payroll department first. 

The FOC's enforcement system (MiCSES) will automatically begin enforcement to collect support. 

The FOC has many options available to enforce support orders. These options include:

• Income Withholding
• Credit Reporting
• License Suspension
• Court Hearings
• Liens
• Tax Offset
• Passport Denial
• Felony Warrant

Physical custody is where the child(ren) live. Physical custody can be awarded to one parent (called sole physical custody), or to both parents (called joint physical custody) when parenting time is shared.

Legal custody gives a parent the court-ordered right to have a say in the decision-making when raising a child. Issues that commonly arise include: medical treatment, school enrollment, counseling, religious instruction, change of domicile, and participation in extracurricular activities. Sole legal custody means only the parent court-ordered to have sole legal custody can make the decisions. Joint legal custody means both parents have a right to join in on the decision-making process of raising a child.

The FOC can assist in changing custody orders. If parties agree to a change of custody and submit a written agreement that is signed by both parents, the FOC office will prepare a legal agreement (called a stipulation or consent order) for a change in custody.

Once a custody order has been entered, the court retains jurisdiction until the child reaches the age of 18. A parent may file a motion for custody at any time. If a motion is filed, the court will order if there is clear and convincing evidence that a change of custody is in the best interests of the child.  

For additional information about how to file a motion to change a child custody order please contact your family evaluator at the FOC.

Typically in cases where there is joint legal custody, a parent cannot change a child’s legal residence to a location that is more than 100 miles without approval from the Court.

A parent does not have to ask a judge approve moving over 100 miles if:

• The other parent agrees to the move.
• The parents were already living 100 miles apart when the complaint was filed.
• The move brings the child(ren) closer to both parents homes before the move.

If the custodial parent wants to move the child to another state, even if it is closer than 100 miles from the other parent’s residence, the judge must approve the move.  If the parents agree, the FOC, or an attorney can prepare an order.

The order should state:

• The address where the child will reside.
• Any changes in parenting time or transportation made necessary by the move.

If the parents don’t agree, the parent who wants to move must file a motion, asking the judge to approve the move. The motion should state the reason why the parent is asking to move and how the move would be in the child’s best interests. The judge may ask the FOC to evaluate the request and make a recommendation. If the parties do not agree to the recommendation, they may request a hearing on the issue.

The FOC enforces orders for legal custody, physical custody, and orders for parenting time. If you are requesting enforcement or your order, you must write to your family evaluator and state why you think there is a violation of your order. In most instances, the FOC will then schedule a hearing. The hearing may be in front of the referee or the court.

A divorce action is started by filing a Summons and Complaint. Though hiring an attorney is usually advisable, you may represent yourself in a divorce action.

The county clerk's office has forms available that will let you file for a divorce on your own. 

In cases where the parents are not married, but a child has been acknowledged, either parent may seek to establish a family support order. In cases where the parties are not married, and a child has not been acknowledged, a parent may seek to establish a paternity order. Generally, family support and paternity actions are referred by the Department of Human Services to the Prosecuting Attorney’s office. This occurs regardless of whether or not a parent receives public assistance. If parents wish to file an action on their own, they may do so. Usually one or both parents are represented by an attorney. 

It does not make a difference if you or your children receive public assistance, anyone may ask the state to open a child support case on their behalf. You can apply for child support services through the Department of Human Services (DHS). You can print, complete and mail the IV-D Child Support Services Application/Referral - DHS-1201 form.  

Note: The child support program does NOT provide legal advice. Consult a private attorney or legal source to obtain these services.

If you or your children currently receive public assistance or have received assistance in the past, you should already have a child support case. If you have not received a letter from the Office of Child Support within three months of your public assistance case opening, please call 1-866-540-0008.

Once DHS has collected all the information necessary, they will send a referral to the Prosecuting Attorney's Office (PAO) to start a case. The issues of custody and parenting time will be addressed at the initial child support hearing.

Uniform Interstate Family Support Act (UIFSA)

UIFSA assists states in dealing with cases where a party or source of income is in another state. 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 (such as both parents and the children move out of the state that entered the original order). 

If you know that the support payer in your case has moved to another state, contact the FOC to determine whether you can obtain assistance under UIFSA. Some of the procedures available under UIFSA follow:

Interstate Income Withholding

This process allows the FOC to send a notice directly to an employer in another state, requiring the employer to deduct child support and send it to the FOC. If the employer fails to withhold the support, the income withholding order can be registered in the other state. The other state can then assist in getting the employer to withhold the support.

Registration of the Michigan Court Order for Enforcement

Registration for enforcement allows another state to take the Michigan order and enforce the full amount of support as if it were that state's own order.

Registration for Modification

When Michigan or another state no longer has jurisdiction to modify the support order (e.g., neither party or the child lives in the state that issued the order), and the order needs modification, the order may be registered in the state where the other party lives.

If you receive public assistance in Michigan, a referral will be sent to the FOC to request a redirection of your support from the other state to Michigan. 

The other state will send payments to the Michigan State Disbursement Unit (MISDU) to be forwarded on to you.

If you have a support order in another state and want it enforced, you can ask the FOC for help. The FOC can request the other state to enforce their order and redirect the payments to Michigan through the Michigan State Disbursement Unit (MISDU). You will need to obtain three certified copies of your order(s) and a financial history from the other state. You must also complete a General Testimony, a Uniform Support Petition and a request for IV-D services. 

UIFSA law does not cover parenting time or custody issues. These issues fall under the Uniform Child Custody Jurisidiction and Enforcement Act (UCCJEA). The FOC cannot assist parties will these issues. You may wish to contact an attorney.

When an order is registered in another state for enforcement, that state will enforce collection of support through all remedies available to them. If a hearing is required because payments are not being made, it would be scheduled in that state. 

The other state will communicate with the FOC Interstate worker regarding enforcement matters. You may contact the FOC if you have questions about the status of enforcement.

If neither party resides in the State of Michigan, the Office of Friend of the Court cannot jurisdictionally proceed with a review unless we receive a letter of consent signed by both parties stipulating that we may proceed.

If consent cannot be obtained, you may contact the IV-D child support agency in your State of residence and request a review of child support. They will process your request to the child support agency where the other parent resides, and a review will take place there. 

If you have a support order in another state and would like it modified, you will need to complete the General Testimony and Uniform Support Petition. The FOC will send your request for modification to the state in which the other party resides. The modification will take place in the state of the non-requesting party. 

Medical includes necessary treatment for services, equipment, medicine, and/or preventive care for a child. Typical medical expenses include such things as visual exams, glasses, dental bills (including braces), counseling, psychological treatment, and visits to a doctor.

Medical expenses also include co-payments and deductibles, and uninsured medical-related costs for all children as listed in the support order.

Routine remedial care costs for children (e.g., first-aid supplies, cough syrup, and vitamins) do not qualify as medical expenses.

Under the Michigan Child Support Formula, it is presumed that a custodial parent will spend a minimal amount per year on out of pocket medical expenses. When support is calculated, this amount is apportioned between the parents and the payer of support is ordered to pay a monthly amount of medical support. 

If the child(ren) receive Medicaid from the Michigan Department of Human Services, the medical support collected will be sent to the State of Michigan.

Ordinary medical expenses (OME) are of out-of-pocket expenses. Your order will show the yearly amount set as OME. This is the amount the custodial parent must pay out of pocket every year before asking the FOC to enforce on medical bills.

Extraordinary medical expenses are out-of-pocket medical bills that are greater than the yearly ordinary medical expenses ordered. 

A party to a case that has extraordinary out-of-pocket medical bills may request reimbursement of the bills based on the court-ordered percentages.

The child support order shows each parent’s percentage.

Before asking for reimbursement of out of pocket medical bills, the custodian must provide proof they have spent more than the ordered annual ordinary medical (OME). The person that pays medical support does not have to provide proof of spending any yearly amounts. 

When a party to the case requests reimbursement of out of pocket medical bills, they must first notify the other person by sending them the completed and signed Request for Health Care Expense (FOC 13) form and provide copies of all bills and all explanation of benefits received by the insurance company.

All bills must have the following information:

• the name of the child(ren) receiving service;
• the name and address of the health care provider;
• the date service;
• the nature of the service(s) provided;
• the cost of the service.

Original bills or copies of the bills must be submitted. Statements and/or creditor notices cannot be used. If the child(ren) is covered by insurance, a copy of the explanation of benefits from the insurance company must also be attached.

Request for payment must first be sent to the other party within 28 days of either:

• receipt of the explanation of benefits from the insurance company 
• or if no insurance, within 28 days from the date of service

Keep a copy of the completed form and all the papers sent to the other party for your records. 

The other parent must send the payment directly to you within 30 days from the date of your request or arrange a direct payment plan with you.

If they do not respond to you after 30 days, you may ask the FOC to enforce reimbursement.

When asking the FOC to enforce, you must fill out the Complaint for Enforcement of Health Care Expenses Payment (FOC13a) form. You must also include a copy of the form and all the copies you sent to the other parent.

The FOC will review the forms and the bills. If they are not correct or are incomplete, the FOC will return them to you.

The FOC cannot enforce medical bills that are older than one (1) year from the original date of service.

The FOC will determine how the bills will be repaid and send notice to the parties.  If a party does not agree with the FOC determination, they may file an objection. Objections must be sent to the FOC within 21 days.

One or both parents may have to provide insurance for the child(ren). Your court order will state who is to carry the health care insurance. It must be available at a reasonable cost.

Reasonable cost for each parent is stated in the child support order. Reasonable cost is not to be more than 5% of gross income.

A National Medical Support Notice may be sent to your employer asking if insurance is available at a reasonable cost. If your employer offers insurance at a reasonable cost they are to enroll the child(ren). If you have insurance for the child(ren) not through your employer, you must send a photocopy of the insurance card with coverage information to FOC.

Michigan law requires the FOC to open and maintain a case for each domestic relations matter, unless the parties opt out of the FOC system. When parties opt out, they assume full responsibility for the administration and enforcement of the court's orders, and the FOC may no longer be involved.

Midland County Friend of the Court Opt Out Policy

For New Cases (and cases less than twelve months old):

Following MCL 552.505a, if both parties wish to refuse or opt out of Friend of the Court (FOC) services, a motion must be filed with an attached Advice of Rights form (SCAO FOC form 101) that is signed by both parties. Motions will be reviewed by the FOC office. If they meet the criteria, they will be automatically approved and an opt-out order will be entered by the FOC without necessity of a hearing. If the criteria is not met, or if more information is needed, the FOC will schedule a hearing before the referee. Under MCL 552.505a, the request to opt out will be denied if: (1) either party has ever received public assistance, (2) there is domestic violence or an unequal bargaining position, or (3) the court finds that declining FOC services is not in the best interests of the child.

For Post-judgment Cases (or cases over twelve months old):

If both parties wish to opt out of Friend of the Court (FOC) services, a motion must be filed with an attached Advice of Rights form (SCAO FOC form 101) that is signed by both parties. Motions will be reviewed by the FOC office. If they meet the criteria, the FOC will enter an opt-out order administratively. If the criteria is not met, or if more information is needed, the FOC will notice a referee hearing. Under MCL 552.505a, the motion to opt out will be denied if: (1) either party receives public assistance or requests FOC services, (2) there is domestic violence or an unequal bargaining position, (3) opting out would not be in the child’s best interests, (4) money is due to the governmental agency due to past public assistance, (5) that in the last 12 months there has been an arrearage or violation of custody or parenting time order, or (6) either party has re-opened a FOC case in the last 12 months.

Other Considerations

If there is a UCSO in an opt out case, the parties should file with the Court Clerk a FOC Form 10a/52a “Uniform Child Support Services No FOC Services.”

MOTION TO OPT OUT AND ADVICE OF RIGHTS FORM

Parties who have opted out of FOC services may change their minds. If either party requests services from the FOC, or applies for public assistance, the FOC is required to re-open the case.

Friend of the Court Policy - Opting Back into the FOC

Either party may opt back into the FOC by filing FOC form 104 “Request to Reopen FOC Case” or by submitting a letter requesting the same. The request must be sent to the FOC and a copy must be served on the other party. Additionally, the party making the request must complete an Application for IV-D Child Support Services and return it to the Midland County FOC Office. Once a FOC case is reopened, the FOC will enforce child support, custody, and parenting time orders from the date the parties opt back in. (Child support arrearages accrued during an opt out period will not be enforced by the FOC, nor will denied parenting time that occurred during an opt out be enforced.) Child support may be reviewed if the parties opt in without a Uniform Child Support Order (UCSO) on file, or if they opt in and the UCSO on file is an opt out UCSO.

Instructions for Opting Back into the FOC/Reopening a FOC case

The following must be completed to begin the process of reopening a closed Friend of the Court Case:

Request to Reopen Friend of the Court Case (SCAO form FOC 104)

Application for IV-D Child Support Services (DHS 1201D form) 

Steps for reopening a closed Friend of the Court Case:

1. Complete a Request to Reopen Friend of the Court Case form, or a letter requesting that your case be reopened, and file it with the Midland County Circuit Court Clerk. 
2. Complete the Application for IV-D Child Support Services and return it to the Midland County Friend of the Court. 
3. Serve the other party with your request to reopen your Friend of the Court case form. 
4. File a Certificate of Mailing or Proof of Service with the Midland County Circuit Court Clerk.

 -Upon completion of the above steps, the Friend of the Court case will be reopened. The Friend of the Court will immediately begin enforcing the terms of the last child support order. The Friend of the Court will NOT enforce past due support during the period of time that the parties opted out of the Friend of the Court services, unless specifically ordered to do so by the Court or otherwise required by the law. 

-The Friend of the Court may initiate a child support review if necessary.

-If either party believes a new child support order is necessary, either party may file a Motion with the Court. 

FOC 104 (Request to Reopen Friend of the Court Case)

DHS1201d (Application for IV-D Services) 

If there is a dispute about support payments made during the time the case was not an FOC case, the parties must ask the circuit court to resolve the dispute.

Please note, The Midland County Co-Parenting Plan was implemented in 1997 and has been revised through the years. Each court order has a specific parenting plan.

Quick links to the Midland County Parenting Plans are available below:

• Midland County Co-Parenting Plan rev 10-13
• Midland County Shared Holiday Parenting Plan rev 10-08
• Midland County Co-Parenting Plan rev 2-10
• Midland County Co-Parenting Plan rev 6-10
• Midland County Co-Parenting Plan rev 11-12

The parenting plan that applies to your case is based on your current parenting time order. If you do not see the parenting plan applicable to your case, please contact the Friend of the Court office.

If both parents agree to change their parenting-time arrangement, they may sign an agreement to that effect and submit it to the FOC. The FOC will prepare the agreement into an order for the judge to sign. Even though the parties have agreed to a change, the current order remains in effect until the judge signs a new order and it is filed with the court clerk.

If both parents do not agree to change the parenting-time arrangement, either party may file a motion to change the parenting-time order. The FOC office has printed forms and instructions for filing this type of motion. You will need to file a Motion Regarding Parenting Time FOC 65 or the Response to Motion Regarding Parenting Time FOC 66.

Parties may want to hire an attorney to assist with the motion.

The FOC will enforce parenting time orders. When parents cannot resolve problems regarding parenting time, the FOC office can help parents reach an agreement, and if appropriate, take action to enforce the court order.

If you are requesting enforcement of your order, you must write to your family evaluator and state why there is a violation of a parenting time order. The FOC office will schedule a hearing based on the written complaint.