General FAQ


FOC FAQ

How do I start a Friend of the Court case?

All individuals not married or fully divorced, must contact the Family Independence Agency (FIA). Their number is 1-866-540-0008.  They will take the necessary information and make a referral to the Friend of the Court (FOC) to start a support case.

If you’re going through a divorce, your Judgment of Divorce (JOD) should cover support.  Once your divorce is final, you or your attorney may forward a copy of your JOD to the FOC.

If you have a temporary order for support, before your divorce is final, that calls for support. You or your attorney may forward the temporary order to the FOC.  If you have a temporary order, you must also include a proof of service for that order. Proof of service shows that you have served the other party with a copy of the order.

All orders can be mailed to our office or faxed to 313-237-9290, Attn: Order Entry Unit.

What’s the main fax number to FOC?

The main fax number is 313-237-9290.

How do I update my personal information with the FOC?

All the above items, except Address Updates, may be mailed or faxed to FOC. The address is,  FOC 645 Griswold, Detroit MI 48226, or you may fax your information to 313-237-9290.  Make sure that you include your account number on all documentations submitted to the court.

Address Updates must be submitted to MiSDU , P.O. Box 30354 Lansing, MI 48909, Attn: Address Update; or can be faxed to 1-517-372-9270.

Failure to provide the proper documentation, will result in your request not being processed.


How do I provide new information on the other parent?

If you have new information on the other parent, you may provide that information via mail, email, or fax. The address is,  FOC 645 Griswold, Detroit MI 48226, Attn: Enforcement Unit or you may fax your information to 313-237-9290, Attn: Enforcement Unit or email through our feedback page.

If an address is being provided for the other parent, a note will be entered onto your account.  The address will not be updated until verified.


The other parent and myself, have agreed to deal with support without the FOC… How do we close our case?

If  both parties agree, you can file a motion to have your support case closed.  The motion, Motion to Change Support Order, can be found under “FOC IPPM Forms”. Since this will be an agreement between both parties, you both should sign the motion form.


How do I file for a increase/decrease in my support?

To file for a increase or decrease in your support, you must file a motion.  The motion, Motion to Change Support, can be found under “FOC IPPM Forms”. There is a $20.00 filing and $40.00 judgment fee (total $60.00) payable at filing.

Custodial parents may request a increase every 24 months.

Non-Custodial parents may request a decrease whenever their income changes.


What is the process of a modification request, once I submit to the court?

Once completed and submitted to the court, a copy of the motion will go to the other party.  The court will then review your request and make a recommendation.  The recommendation will be mailed to both parties.  Once received, if either party objects to the recommendation, they must submit written objections to the court within 21 days of receiving the recommendation.  If no objections are received, then the court will adopted the recommendation and make the recommendation and court order.  Both parties will received a copy of the order.  If one or both parties object to the court’s recommendation, then a court hearing will be scheduled for both parties to attend and then the referee or judge  will make a decision on the motion.


How long does it take for an increase/decrease to take effect, once my motion has been granted?

Once your motion has been, the court’s recommendation needs to drafted into an court order.  If you filed a IPPM( In Pro Per Motion- on your own), the FOC attorney assigned to you case for that motion, will be responsible for drafting the order and presenting it to the judge for their signature. The order is then forwarded to our Order Entry Unit to be entered.  Entry of your order may take up to 30 days.

If you filed a motion, through a private attorney, your attorney is responsible for drafting the order and obtaining the judge’s signature. Once the order is signed by the judge, it’s your attorney’s responsibility to forward a copy of the order to the FOC.  Please be advised that a Data Entry Form must be completed and submitted along with the court order.  The Data Entry Form can be found on this web under “FOC IPPM Forms“  Your attorney may then forward the court order to our Order Entry Unit, via mail at FOC, Attn: Order Entry Unit  645 Griswold, Detroit MI 48226, or by fax to 313-237-9290, Attn: Order Entry Unit.

How do I file for custody of my child?

To file for custody, you must file a motion.  The motion, Motion to Change Custody, can be found under “FOC IPPM Forms”. There is a $20.00 filing fee and an $80.00 judgment fee (total $100.00) payable at filing.


How do I file for Parenting Time( Visitation) with my child?

To file for Parenting Time (Visitation), you must file a motion.  The motion, Motion for Parenting Time, can be found under “FOC IPPM Forms”. There is a $20.00 filing fee and an $80.00 judgment fee (total $100.00) payable at filing.


What is a Paternity case?

If a father is not listed on the birth certificate, the parents are not married and the parents have not signed an Acknowledgement of Parentage, a paternity action must be started.  Contact the Department of Human Services (DPS) at 1-866-540-0008, they will take all the necessary information and make a referral to the FOC.

What is a Family Support case?

Separated parents have an obligation to provide for the financial and medical needs of their children.  Family support cases may be started when the custodial parent has a minor child and is separated from the child’s other parent; the decision to divorce has not been made.  These cases also involve persons who never married one another, but had a child together; the father signed the child’s birth certificate or an Acknowledgement of Parentage form stating he is the father.

How do I disagree with my arrearage balance?

If you disagree with what the court shows that you owe or are owed, you must provide a written request for an Financial Review of your case.  Along with your written request, you must supply documentation supporting your claim of an error. You may submit your request and documentation to FOC 645 Griswold, Detroit MI 48226, Attn: Enforcement Unit or you may fax your information to 313-237-9290, Attn: Enforcement Unit.  For a list of acceptable documentation, please review our Financial Administrative Review Notice.  This notice my be found under ” FOC Misc Forms”.  Failure to provide documentation will result in your request being denied.

How do I report a new employer?

You may report a new employer via mail, email (our feedback page) or fax ( 313-237-9290).  Please include the employer full name, full address (including zip code) and telephone number.

I’m the current spouse, and I handle the family affairs… Can I get information regarding my current spouse’s support case?

No. Access to the FOC records and information is limited by state and federal statutes and rules. Generally, only the parties and their attorneys on the case can receive information or talk to FOC regarding the case absent a court order.

We’re married now… How do we stop our case?

You must file a motion to close your account based on marriage of  the parties.  The motion, Motion to Change Support Order, can be found under ” FOC IPPM Forms”. Along with the motion, provide a copy of your marriage certificate.

What is the FOC’s policy on return excess payment (overpayment) back to the non-custodial parent?

Excess payment is defined as funds received by the Court exceeding five (5) weeks of support obligation. Therefore, the non-custodial parent can request  funds, that exceed the five (5) weeks of support,  be returned to him/her. The non-custodial parent can request the refund, via U.S. Mail, by fax 313-237-9290 or by email through our feedback page.


What type of Enforcement can FOC use?

The FOC is required to begin enforcement action when past due support reaches an amount equal to one month of support.  This may be done without warning for a complaint or request for enforcement.

Enforcement actions available include:

Immediate Income Withholding

Income withholding directs the payer’s employer or other source of income to withhold support and send it to the Friend of the Court. Support orders entered or changed after December 31, 1990 must include a provision for immediate income withholding. In some limited cases, an order of income withholding will not take effect immediately if the Court finds that “good cause” exists based upon at least all of the following:

Contempt of Court (Show Cause) Hearing

If support is not paid on time, the Friend of the Court will begin a contempt action, known as a “show cause”, which orders a delinquent Non-Custodial Parent to appear in court to show cause as to why they have failed to meet their obligation. There is a court cost of $150 assessed at the hearing. If the Court finds the payer in contempt, the Court may require a payment toward child support or commit him or her to jail. If the Court is considering confining a non-custodial

parent to jail, it must appoint an attorney for a payer who cannot afford private counsel.

Bench Warrants

If a payer does not appear for a “show cause” hearing, the judge may issue a bench warrant for the payer’s arrest so that he or she may be brought before the Court. When a bench warrant is issued, a bond is requested for at least $500 or 25% of the support arrearage, which ever is greater. Effective January 1, l997 and in most cases, the Court should order the payer to pay costs associated with the issuance of the bench warrant, including those of the arrest and further proceedings. Our minimum payment court cost for a bench warrant hearing is $250 with additional costs for transportation and other costs associated with the arrest.  Once a bench warrant is issued, the duty to arrest usually lies with the Wayne County Sheriff’s department, although other local law enforcement agencies may also make arrests. Since the bench warrant is registered with LEIN, the Law Enforcement Information Network, a payer may be arrested by police authority during a routine traffic stop. A bench warrant issued for failure to appear at a contempt of court hearing is only valid within the State of Michigan. If a payer wishes to make arrangements to dismiss a bench warrant, he or she must immediately report to 1907 of the Coleman A. Young Municipal Center between 8:30 a.m. and 10:30 a.m. Monday, Wednesday, and Thursday.

Income Tax Intercept

If support is overdue, the Friend of the Court must request an income tax intercept for cases that qualify. In such cases, a state and/or federal tax refund due the payer of support is sent to the Friend of the Court and applied to past due support of the minor children. If there is

any child support due to a state, a federal income tax intercept must be first applied to thisunpaid amount.

Passport Denial

A non-custodial parent who falls more than $5,000 behind in child support payments will be subject to the denial of his or her passport application.

License Suspension

For payers with an arrearage of six or more months of support, the Friend of the Court may initiate action to have occupational, sporting, recreational and/or driver’s licenses suspended. A payer can avoid a license suspension by showing that there is a mistake regarding the amount of the arrearage or by entering into an agreement accepted by the Court for the payment of the arrearage. A license may also be suspended as a result of a contempt of court hearing.

Consumer Reporting

The Friend of the Court must report to a consumer reporting agency the arrearage amount for each payer with two or more months of support arrearage. Lenders will often obtain a credit report from a consumer reporting agency when deciding whether to extend credit. If

the credit report shows a history of untimely support payments or a large arrearage, the report may result in a denial of a loan or other credit. The Friend of the Court may also make support information available to a consumer reporting agency if requested by the support payer.

Liens

A lien is a claim against real or personal property. As of August 1998, Michigan law provides that a lien in the amount of past due support exists against the payer’s real and personal property. Once a person holding property is informed of the lien, he or she must not allow the property to be transferred until the lien is released.

Bonds for Future Support

A cash bond is a payment of a specific amount of money to guarantee future support payments will be made. In some cases where there has been a pattern of non-payment and the payer has a large asset, the Friend of the Court may be able to obtain a cash bond.

Financial Institution Data Matching (FIDM)

New legislation allows the Friend of the Court to seize the funds of delinquent payers held by financial institutions for enforcement of past due support. To qualify, the Friend of the Court account must be more than one year behind.

Fraudulent Conveyances

If a support arrearage exists and there is reason to believe that the payer has transferred title or ownership of real or personal property without fair consideration, the Friend of the Court may obtain a settlement requiring payment of the arrearage or initiate proceedings to have the transfer set aside.

Criminal Enforcement of Support

Under federal and state law, failure to pay child support may be a felony. The Friend of the Court cannot bring felony charges. State charges are filed and prosecuted by the WayneCounty Prosecutor’s Office. Federal charges are filed and prosecuted by the United States

Attorney’s office. The federal government has established a special program to investigate and prosecute cases where the payer fails to pay support for a child.

Non-Custodial Parent Work Program (NCP)

All non-custodial parents who are unemployed or working fewer than 40 hours a week and who have been ordered to pay child support are eligible for the program. The NCP, sponsored by state and local funding, offers participants opportunities to develop or improve marketable job skills and to secure gainful employment through its extensive referral network. Parents who are directed to the program by the Court are required to attend an orientation. After attending the orientation and agreeing to enroll in the program, continued

participation is mandatory. The Friend of the Court then suspends enforcement activity for the eight weeks between the referral and job placement. For additional information, call (313) 224-7112.


I’ve paid money to the custodial parent directly.  But, FOC is saying I still owe that money.  How do I get credit for those payments?

You must file a motion to receive credit for any payments you paid to the custodial directly.  The motion, Motion to Change Support Order, can be found under ” FOC IPPM Forms”.


The custodial parent and I agree that I should continue to pay support direct to them…  Can I do this?

No. If your court order requires you to pay through FOC, then all payments must be sent to FOC.  You may file a motion to have your court order modified to allow for support payments to be paid directly to the custodial parent.  The motion, Motion to Change Support Order, can be found under ” FOC IPPM Form”.

If you continue to pay payments directly to the custodial parent, without modifying your court order, you run the risk of having your account being fully enforced, because of non payment.


How can I request an enforcement court hearing?

You may request enforcement court hearing, also known as a Show Cause hearing,  through the Enforcement Unit of the FOC. Your request can be submitted by mail, email or fax.  The address is,  FOC 645 Griswold, Detroit MI 48226, Attn: Enforcement Unit or you may fax your information to 313-237-9290, attn: Enforcement Unit or email through our feedback page.  The Enforcement Unit will review your case and if your case meets the following qualifications:


I requested an Show Cause hearing, but the FOC sent out an Income Withholding Order to the non-custodial parent’s employer, instead… Why?

Part of the review process to initiate a Show Cause is to search for a possible employer for the non-custodial parent.  The FOC runs a social security match with a state database.  The database is made up of information submitted by employers.  When a employer hires a new employee, they should submit the employee’s name and social security number to the database.  If the FOC receives a match in the database, it’s the policy of the FOC to initiate an Income Withholding Order to that employer, prior to initiating a Show Cause hearing.


I requested a Show Cause hearing, but have not heard anything yet… It’s been more than 6 weeks.

Hearings are scheduled based on the availability of the judge’s docket that is assigned to your case.  Sometimes, the judge’s docket can been be full for several months, before your case can be scheduled.  All requests for Show Cause hearings are scheduled in the order they are received.  If you requested a Show Cause hearing and your case meets the qualifications, you will be scheduled as soon as possible.


How will I know that a Show Cause hearing has been scheduled?

A notice regarding the hearing are mailed out to both parties, about 2 weeks prior to the date of the hearing.


Do I have to attend the Show Cause hearing?

If  you are a custodial parent – You are not required to attend the hearing, however, the FOC strongly encourage you to attend. Not only should you stay informed as to what is happening on your case, if the court makes a decision that you feel is not in your best interest, you need to be at the hearing to object to that decision.

If you are a non-custodial parent – You are required to attend the hearing.  This hearing is for you to appear in court and explain why you should not be held in contempt for failure to pay support.  Failure to appear at the hearing, may result in a bench warrant be issued for your arrest.


I’m out of state… Do I still have to attend a Show Cause hearing?

If  you are a custodial parent – You are not required to attend the hearing, however, the FOC does strongly encourage you to attend if at all possible. Not only should you stay informed as to what is happening on your case, if the court makes a decision that you feel is not in your best interest, you need to be at the hearing to object to that decision.  If  you cannot attend the hearing, 7 days after the hearing date, you can contact the FOC and ask for the disposition (outcome) of the hearing.  Your request can be submitted by mail, email or fax.  The address is,  FOC 645 Griswold, Detroit MI 48226, Attn: Enforcement Unit or you may fax your information to 313-237-9290, attn: Enforcement Unit or email through our feedback page.

If you are a non-custodial parent - You are required to attend the hearing.  This hearing is for you to appear in court and explain why you should not be held in contempt for failure to pay support.  Failure to appear at the hearing, may result in a bench warrant be issued for your arrest.


Can a Show Cause Hearing be re-scheduled?

The only person able to re-schedule a Show Cause hearing is the FOC attorney assigned to the hearing.  To find out who the FOC attorney for your hearing, click here. Be advised that a hearing can only be re-scheduled with the consent of both parties.


As the non-custodial parent, I have a Parenting Time Order… The custodial parent is not allowing me to see the minor child as it states in the court order.  What can I do?

All parties must follow, all court orders in regards to your account.  If there is a Parenting Time Order, giving specific parenting times and the other parent is not abiding by that court order, you may submit a motion for enforcement of your parenting time order. The motion, Motion for Parenting Time Enforcement, can be found under “FOC IPPM Forms”.


I’m paying child support, but the custodial parent won’t let me see my child… What can I do?

Child support and parenting time (visitation) are two totally separate issues.  Just because you’re paying support, does not automatically give you parenting time with the minor child.  Just as, the custodial parent can not keep you from your court ordered parenting time, if you’re not paying support. If you have a Parenting Time Order and you are not being allowed to see the minor child, you can submit a motion for enforcement of your parenting time order. The motion, Motion for Parenting Time Enforcement, can be found under “FOC IPPM Forms”.  If you do not have a Parenting Time Order, the you must motion the court to establish some type of parenting time. The motion, Motion for Parenting Time, can be found under ” FOC IPPM Forms”.


The other parent has never visited their child.  Can the court make the other parent visit their child?

No. The FOC can not make any parent spend time with their child.


Per my court order, I’m to receive an abatement each time my child spends a specific number of days with me..  How do I report the days to the FOC?

Your request must include the begin and end dates, that the minor child spent with you.  You can submit your request via mail, email or fax. The address is,  FOC 645 Griswold, Detroit MI 48226, Attn: Enforcement Unit or you may fax your information to 313-237-9290, attn: Enforcement Unit or email through our feedback page. Once processed, your will receive a letter citing the amount of credit that is being applied to your account for your abatement.  A copy of this letter is also sent to the custodial parent.


What if I disagree with the number of days that the non-custodial parent says they had with the minor child?

When you receive your letter stating the number of days of abatement that is being applied to your account.. If you disagree you must contact the court within 21 days.  If an agreement between both parties can not be reached, a hearing will be set. The court will review the requested abatement and make a decision.


When I submit for an abatement, do I receive the funds back that I paid to the FOC for that period?

No.  The abatement will be applied to your account as a credit, which will reduce your arrearage balance.  If the applied abatement creates an overpayment on your account, the FOC will follow their policy regarding overpayments.


I received a letter from the court stating that I owe “x” amount of dollars and I have 21 days to  make a lump sum payment…  What do I do?

The notice() is generated when you are behind in support.  If you are currently not employed, you will need to pay the lump sum amount on your letter.  If you are currently employed you will need to provide your employment information to the court.  Please be advised, you may still be required to make some type of lump sum payment. When supply your employment information, you will need to supply the name of your employer, address, phone number and contact person in your payroll.  The court will verify your employer. After your employer has been verified,  that information will be updated on your account. The notice will be cancelled and a withholding order will be submitted to your employer.

If you do not have the lump sum payment or any employer information, you need do nothing…  At the end of 21 days, a Show Cause hearing will be scheduled.  You should receive a notice giving the time and courtroom, about 2 weeks before your hearing. At the hearing you will be required to explain to the court as to why you have not pay your support.


I received a letter stating that you are going to report my balance to my credit reporting agencies….What do I do?

The FOC can report your arrearage balance to any credit reporting… You have 21 days to object to the notice… To object, you must prove a Mistake of Fact on your account. To find out what is need to prove a Mistake of Fact, go back to our Enforcement Questions section. If no Mistake of Fact can be proven, the only way to remove your name from credit reporting, is to pay your support arrearage down to zero.


How do I prove a Mistake of Fact?
A mistake of fact means that the identity of the non-custodial parent is in question and/or the account status is in error. To amend the status of your account in MiCSES you must provide any of the following documentation:


How do I make a support payment?

If you are sending in payments on your own, you can mail your payments to FOC, 645 Griswold Detroit, MI 48226, Attn: Payment Processing.  You may also make payments is person at our office at the Cashier window on the 2nd floor. Mailed payments must be in the form of  Money Order or Cashiers Check.  Payments made in person at the Cashier window, can be in the form of Money Order, Cashiers Check or Cash.

Payments made by an employer must be sent MiSDU.  Their address is MiSDU, P.O. Box 30350  Lansing, MI 48909-7850.


How long does it take for a support payment to be disbursed, once it has been posted?

Usually, payments are disbursed within 48 hours of being posted to your account.


Who sends out support payments?

Effective 9-1-02, MiSDU has taken over sending out all support checks.


I made a payment on my own and it doesn’t show as being posted to my account… What can I do?

If it has been at least 14 days, check with the financial institution where you obtained your form of payment and verify if the payment had been cashed. If the payment has not been cashed, follow the financial institution’s procedure for lost payments.  If the payment  has been cashed, obtain copy of the processed payment and forward to the MiSDU, P.O. Box 30350  Lansing, MI 48909-7850. Once received, the MiSDU will research the matter.


A payment from my employer was sent to MiSDU, but it has not been applied to my account.  What should I do?

If it has been at least 14 days, have your employer contact  MiSDU to have the matter researched.  The employer assistance line at MiSDU is 1-800-817-0805 .


A payment of $200.00 was paid to my account, but only $160.00 was disbursed to the custodial parent.  Why?

There could several reasons why the full amount of the payment was not disbursed. The following are some, but not all, possible reasons:


Payments are coming in different amounts and different times each week..  Why can’t each payment be the same amount each week?

The FOC now reflects support charges on a monthly bases.  Where as, you may receive support payments in different amounts each week, at the end of the month you should add all checks you received for the month.  This amount should equal your monthly obligation.  To calculate your monthly obligation, you take your weekly support amount and times it by the number of Mondays in the month.  ( i.e. Your weekly amount is $200.00.  A month with (4) Mondays, you should receive $800.00.  A month with (5) Mondays,  you should receive $1,.000.00 for the month)


The IVR says ” No payment is scheduled for this week”… Why?

The IVR will only report payments that have been posted on your account. If the IVR states that “No payment is scheduled”, this means that no payment has been posted to your account yet.  Please allow enough time for the employer to remit payments to the MiSDU and for processing.


The IVR states that a payment was disbursed to me , however I have not received the payment yet… What can I do?

If it has been 10 days since the disbursement date of the payment, you may report the check  lost or stolen. To report a check lost/stolen, you must complete and submit an Affidavit of Forged Endorsement on a Child Support Check Form.  This form can be found on this web under “FOC Miscellaneous Forms”.  The mailing address to return the form is located on the form.


Does MiSDU offer direct deposit?

Yes.  To sign up for Direct Deposit, you must complete a Direct Deposit Authorization Form. The form can be found on this web under “FOC Miscellaneous Forms”.  The form must be mailed directly to MiSDU at the address provided on the form.


How do I get a copy of my court order?

To receive a copy of any court order included in your case, you will need to submit a request in writing to FOC.  In your request you should include your name, other party’s name, and day-time telephone number.  You should state in your request who you are, ( i.e. party to case, guardian, or attorney of record for party), which order you are requesting( i.e. date of order or type of order( Judgment, Modification, Temporary)) and reason for the order.

Copies are $4.00 per order, fee can only be made via money order. .  If copy is requested in person, fee can be made at our Cashier Window, on the 2nd floor of the Penobscot Building. Once the fee has been paid, the order will mailed to you within 7 business days.  If you would like your order certified, there will be additional $10.00 fee and should be made via money order as well.  Payment and request should be mailed to Friend of the Court, 645 Griswold, Detroit, MI 48226, Attn: Record Room.

Once your request has been received by the court, you should received your order within 10 business days.


Copyright © 2009
This website is not in any way affiliated with the State of Michigan, any state agency, or any of Michigan's friends of the court or their offices. The information contained within this website is intended for educational purposes only and does not claim to represent the views or opinions of the State of Michigan, any state agency, or any of Michigan's friends of the court, their offices, or any other employee of the courts.