Enforcement
Action for enforcement by the FOC may begin with a complaint from either party or automatically through the FOC. Child support activities are initiated automatically by the FOC Child Support Enforcement System. This begins with a letter or notice that an arrearage has been identified and that this outstanding balance requires action. A failure to respond to this request brings further action with an appointment set to address the issue. If this is unsuccessful in resolution, the case may be referred to a Judge or Referee for a formal hearing.
The enforcement of parenting time is only through the written complaint of those involved. This issue can only be followed to the extent that it is set up through the original order. Arrangements outside of this order, such as written or verbal agreements are not the business of the FOC. Additionally, the office cannot initiate enforcement action on parent/child issues such as haircuts, curfew, etc. Those issues, along with joint-legal custody provisions, must be resolved by both parties on their own. If no mutual resolution is reached, these issues must be petitioned directly to the Circuit Court.
Enforcement Hearings
Case managers present cases scheduled for enforcement before a Judge or Referee for an enforcement hearing. The FOC does not directly represent either party in such a proceeding. A case manager may meet with the parties involved prior to a hearing to gather information and/or to resolve the non-compliance. The case manager presents information from FOC records and may make a recommendation at the hearing. The Judge or Referee will make the actual decision as to the disposition.
A bench warrant may be requested for non-appearance at a court-ordered hearing or for non-compliance with an enforcement hearing disposition. Once a bench warrant is issued, the case is then transferred to the bench warrant department for all case management and enforcement functions. That department is then responsible for the case until the bench warrant is dismissed when the case is, in turn, returned to the assigned case manager.
Parenting Time Enforcement
The FOC is required by law to enforce parenting time ordered by the court until the child is 18 years old. Parenting time (previously called visitation) is usually addressed in a particular provision of your Judgment/Order. The arrangement or schedule in the Judgment/Order provides the basic rules on how parenting time is to occur. When one of these rules is not followed by one of the parents, and enforcement is wanted, the other parent must file a written complaint with the FOC Office within 56 days of the alleged violation. Click here to view the complaint form. You are encouraged to use the available form for many reasons:
1. The form is identifiable and will be directed to the Parenting Time Unit for processing more quickly,
2. The form identifies all the information that is required to process the complaint, and
3. The form serves to neutralize the complaint and is easy to copy for mailing to the other person for response.
Specific Parenting Time Orders
The best parenting time provision is one that creates a very specific structure of parenting time that can be relied upon when the parents cannot reach agreement. The court order should be seen as the foundation for parenting after separation or divorce. You are encouraged to be cooperative with one another and allow some flexibility to meet your children’s needs. However, the FOC can only enforce the order and not your private agreements. Anytime there is not an agreement, you must practice what the order of the court says.
There are some areas of parenting time that are not always specifically addressed in the parenting time order. In the absense of a specific order addressing these areas, the FOC will enforce the following:
• Transportation- All transportation will be provided by the person exercising parenting time unless otherwise provided for in the order. He or she will be responsible for providing transportation to and from the primary residence of the children unless the order provides for an alternate transfer location.
• Physical Attempt- The parent exercising parenting time must be at the court ordered location, at the court ordered time, on the court ordered day, to attempt access at the onset of parenting time.
• Tardiness- There is 30 minutes flexibility after the specified exchange time, on occasion, for good reason. This should not be abused.
• Week- A week is 7 (seven) consecutive days to encompass the regularly scheduled weekend of the parent exercising parenting time, beginning and ending on the same day of the week.
• Holidays (if you have a provision for alternate holidays)- The holidays are identified as New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Eve and Christmas Day. Holidays take priority over all other parenting time. Your court order may specifically address the holidays and the FOC will enforce the court order before application of policy.
• Extended Summer Parenting Time- This access must be exercised during the months of June, July and August. Summer parenting time should commence no earlier than the day after school is recessed, and must conclude one week prior to school resuming.
• School Breaks- Parenting time during Spring Break and Christmas Break will not encompass the other parent’s weekend unless agreed to by the parties, or unless otherwise defined in your order.
• Weekend Rotation- The weekend schedule should not change even though it may be interrupted by holidays or extended parenting time.
Non-Specific Parenting Time Orders
If you are having problems obtaining your parenting time and you have a non-specific order, you are encouraged to take action to modify the order. You can:
1. Request Mediation through the FOC- The request must be in writing. Upon receipt of the request, the FOC will mail a form to both parties asking for consent to mediate. Once both parties have submitted the form, mediation will be scheduled.
2. Consult an attorney- You can consult a private attorney to obtain legal advice.
3. File a Pro Per Petition- The forms and instructions are available on-line at this site. This is a process where you represent yourself in front of the court.
Enforcement of the Order
After a written complaint is received, the order is checked to make sure that there has been a possible violation under the order. If identified as a possible valid complaint, the complaint is mailed to the other party for his or her response within 21 days. At the end of this time period, depending upon what the outcome is, the FOC may do one of the following:
• Apply a make-up parenting time policy –or-
• Conduct joint meetings-or-
• Commence contempt proceedings –or-
• Initiate modification of parenting time
The FOC will not invoke one of these actions if the parties can resolve their dispute through joint meeting or mediation.
More information is available from the State
of Michigan.
Health Care Enforcement
The FOC is mandated to enforce orders for health care coverage; similar to the way the office enforces orders for Child Support. The FOC follows the language of the Health Care provisions in each Order.
- Who has to carry Health Care Insurance?
- Depending on the Order, some may specifically state which party must carry health insurance. Others like Paternity and Support Judgements, which are usually the same, may require both parties to carry health care insurance. These Orders are enforced as written.
- The other party is not following the court Order and is not carrying health care insurance. What can I do?
- You must first get in contact with the Health Care Enforcement Unit at the FOC and request, by written letter, enforcement of the Health care provision in your Order. After checking the language of your Order, a notice of noncompliance will be sent to the other party, requesting proof of Health Care Insurance coverage for the child(ren). You will also receive a copy of the notice. If the other party does not respond to the notice, you will need to request further enforcement. You and the other party will be given an appointment date to appear at the FOC, again to try to verify proof of health care insurance coverage for the child(ren). If the other party does not show up for the appointment, an Order to Show cause Hearing will be requested. This is a hearing where the party in noncompliance will have to show just cause why she/he should not be found in contempt of court.
- I have an agreement with the other party that is different from our health care provision in the Order. Is this legal?
- No, but it can be made into an Order. If both parties have come to an agreement, this can become an order, through the process of Stipulation and Order. An appointment will be made for both parties to come to the FOC and put their agreement in writing. The document will be signed by both parties and entered as an Order with the Court.
- I think that my health care insurance is too expensive. Do I still have to provide it?
- In this case, the FOC will check the language of the Order. If it states that you must obtain and maintain health care insurance at a reasonable cost, we will ask for your income information and the cost for you to carry health care insurance for you and for your child(ren). The Michigan Child Support Formula will be used to determine reasonable cost of carrying health care insurance.
- What if my employer does not offer health care insurance?
- The language in your Order will be reviewed. If it states that you must obtain and maintain health care insurance as benefit of employment and your employer does not offer this benefit, you will be asked to submit proof from your employer for filing.
- Please note: The FOC does not have the authority to enforce any Order that states health care insurance must be obtained through employment if the employer does not provide this benefit or if the party ordered to carry it is unemployed.
Modifications to Income
Withholding Orders (IWOs) due to Health Care Expenses If support is paid under an Income Withholding order (IWO) and if a demand for medical payment form has been filed through the FOC, then the arrears are added to your account. The amount you are responsible for is based on your court Order for health care. The extra amount deducted will be applied to health care arrearages created when the bill was submitted to this office.
- Does the extra money go directly to the doctor (or dentist, or other health care provider)?
- No. The money is sent to the other parent/custodian. They are responsible for paying the money to the care provider.
- When will my deduction be lowered again?
- When all health care arrearages on your account are paid in full, as long as there are no other arrearages due or owing, the deduction will be modified. For example, if there are other arrears due to the state or for alimony, childcare or fees, the extra deduction would not be stopped, but the money will be applied there until all arrears are paid.
- I want to pay this directly to the care provider myself and not go through your office.
- That is not possible. Once the bills have been submitted to the FOC and applied to your account, your payments must come through the Friend of the Court Office.
- The address is:
Friend of the Court
82 Ionia NW
PO Box 351
Grand Rapids, MI 49501-0351 - I already paid this bill on my own to the care provider!
- Please provide written documentation of this from the care provider and your account will be adjusted.
- I want to pay this directly to the other parent myself and not go through your office.
- That will probably not be possible. The Court discourages direct payments between the parties. If you wish a direct pay order, you will have to go back to Court for a specific Order. Be advised, however, that the Court does not usually grant these Orders.
Qualified Medical Child Support Orders
The Qualified Medical Child Support Order (QMCSO) is a special type of Domestic Relations Order that requires an insurance company to deal with both parents equally. Many insurance companies will only communicate with the parent that holds the policy (the subscriber), whether they pay for it themselves, or if their employer pays for it. In cases where the parents do not communicate easily (or at all) it is difficult for the non-subscribing parent to secure information from the insurance company. By entering a QMCSO against the insurance company, the Court is directing that insurance company to provide information to the non-subscribing parent about the children covered by the Domestic Relations Order currently being enforced by the FOC. The parent may get Explanation of Benefit Forms (EOBs) or qualify for direct reimbursement of out-of-pocket expenses if not sent to the health care provider directly.
- Why would I want a QMCSO?
- It may help you to get information about treatment provided for your children. In addition, if there is another insurance company involved, the EOBs from the first company are often needed for you to apply for secondary reimbursement (sometimes called coordinated benefits).
- Will the other parent get information about my medical care?
- No. The QMCSO only gives access to information about the children in the case enforced by FOC. It will not (for instance) give you access to information about the other parent, or other children they may have.
- Are there any penalties for not cooperating with the Friend of the Court?
- There can be. If you are requested to provide information, or to cooperate with the process of securing the QMCSO, the Court (not the Friend of the Court) may assess penalties and/or court costs of up to $250.
- What are my alternatives?
- In some cases, the insurance company or the employer might ask you to give up your tax deduction to the other parent if you do not have the QMCSO. This tends to be true with many of the automobile manufacturing companies that require their employees to have the child as a tax deduction for providing insurance benefits. A QMCSO removes the need for the employee to have the child as a tax deduction.
- Do I have to go through the Friend of the Court to get a QMCSO?
- No. Your attorney will certainly assist you in securing an Order. You may also choose to represent yourself in court, however, the FOC cannot help you prepare your case, nor appear for you in Court.
