Friend of the Court

Support Review

A support review is a review of the monthly child support and child care obligation that charges on our case, via application of the Michigan Child Support Formula.

FOC will review the support obligation on cases in the following situations:

  1. Upon written request of either party, not more than every 3 years.
  2. Upon receiving a Court Order from the Judge.
  3. Every 3 years when the recipient of the support receives public assistance (TANF or FIP).
  4. Upon the FOC staff initiative where certain restrictive conditions are met.

Support Review Questions and Answers

I am not eligible for a support review through FOC but my circumstances have changed and I believe support should be modified what should I do?
You may either (1) hire an attorney and file a petition with Circuit Court to request the Judge modify support, or order FOC review the case or (2) file an IN PRO PER petition (without an attorney). The FOC can provide the IN PRO PER forms, which the petitioner must then file with the appropriate court fee.
Does the FOC review and investigate the IN PRO PER petitions?
The Referee's Department of the Circuit Court handles these petitions; questions pertaining to status of said petitions should be directed (in writing) to that department.
Will support be made retroactive to the date I ask the FOC for a support review?
Not unless a court order specifies it or a petition was filed with the Circuit Court.
Does writing a letter to the FOC requesting a review qualify as the filing of a petition?
No, the filing of a petition is a formal court action.
My case was referred by the Judge in a Court Order for a support review. When it is completed, will support automatically be modified by the FOC?
Support will not be modified until a new order is entered. The FOC will not prepare the order following a court ordered review. You may need to contact your attorney.
I reached an agreement with the other party to modify support; will the FOC prepare an order based on our agreement without conducting a support review?
The FOC is bound by statute to notify you of the amount of child support that is recommend by the Michigan Child Support Formula; this must happen BEFORE the support is modified. If you choose to not apply the Formula recommendation, you must tell the FOC why the Formula amount would be unjust or inappropriate. This must happen before the FOC can prepare an order for you.
Does the FOC review and make recommendations regarding alimony?
Not usually.
My child is within 6 months of no longer being eligible for child support. Can I ask the FOC to review the case at this time?
Due to the high volume of cases the FOC reviews, it usually takes 3-6 months to complete the process. You can file a petition with Circuit Court if the child for whom you are seeking a support modification is within 6 months of going off the order.
I pay child support and I voluntarily reduced my income. Will my support be reduced?
Case law states that child support will not be reduced based on a voluntary reduction in income.
I pay child support and I recently acquired new family or support obligations. Will my support be reduced?
Case law states that a pre-existing child support obligation will not be reduced due to new family or support obligations.
When making a recommendation for child support, does the FOC take into account my bills such as car payment, rent, utilities, or credit card debt?
The Michigan Child Support Formula already assumes all persons have certain living expenses. The FOC cannot deduct those bills before calculating support and making a recommendation.