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40 N. Main Street
Mt. Clemens, MI 48043-8606
24 HOUR INTERACTIVE VOICE RESPONSE SYSTEM
(586) 469-7618
OFFICE HOURS
Monday through Friday
8:00 a.m. to 5:00 p.m.
TELEPHONE HOURS
Monday through Friday
8:00 a.m. to 12 noon
1:00 p.m. to 5:00 p.m.
OPERATOR ASSISTANCE
(586) 469-5160
FAX
(586) 469-7941
FriendoftheCourt@macombcountymi.gov
Mission
The mission of the Macomb County Friend of the Court is to fairly and efficiently enforce court orders relating to child support, health care, spousal support, parenting time and custody and to investigate, evaluate and submit recommendations to the court on any contested domestic relation matter, as well as provide alternative dispute resolution opportunities for litigants and the court.
We’re looking for ways to update and improve our website to better meet the needs of the public. If you have any ideas of what we could add or expand upon in this website please email your thoughts to FriendoftheCourt@macombcountymi.gov.
You may now contact the Friend of the Court by email. You may send your email to FriendoftheCourt@macombcountymi.gov and it will be routed to the proper Macomb County Friend of the Court employee. Please remember your email will be processed in the same manner and time frame as our regular mail. Emails will not receive priority over correspondence received through regular mail. If a reply is necessary it will be in the form of a letter, through regular mail. We will not respond via email. If you have an emergency or an issue you feel needs immediate attention please either contact our office by phone or appear in person during regular office hours.
We will not accept a change of address for a custodial party through email. You may download the change of address form from our website and mail the signed form to our office. We will accept a change of address for a non-custodial party via email. Emails must include identifying information including your name, case number, Judge and who your mail is addressed to. Failure to provide proper case identification could result in your email being returned.
Friend of the Court Handbook (updated 5/8/08)
This handbook is published by the Michigan Supreme Court’s, State Court Administrative Office. It was modified to reflect appropriate Macomb County information by Friend of the Court Lynn Davidson. It provides information on Friend of the Court procedures.
Friend of the Court Grievance Procedure
In the event a person has a grievance with some internal office procedure involving the Friend of the Court, this procedure can be utilized for the Friend of the Court to review the grievance. The grievance must be filed with the Friend of the Court.
Filings
All court pleadings must be filed with the Clerk of the Court, 40 N. Main, Mt. Clemens, MI 48043.
Correspondence with the Friend of the Court does not constitute a Court filing. The Friend of the Court maintains separate files and records.
Access to Friend of the Court Records
Access to Friend of the Court records is governed by Michigan Court Rule 3.218, statute and Local Administrative Order 2003-4. A person wishing to access Friend of the Court records shall mail or deliver form FOC 72, Request to Access Friend of the Court Records and Decision or written request with sufficient information, with the Friend of the Court. The Friend of the Court has 5 working days to review and determine if the request will be granted or denied, if full or part.
Friend of the Court Recommendations and Judgment Entry Fee
The Macomb County Circuit Court requires that the Friend of the Court submit recommendations on the questions of custody, support, parenting time, health care and child care in all divorce cases involving minor children prior to the entry of a judgment of divorce.
State law requires the payment of a judgment entry fee on or before the date of the entry of the judgment of divorce. This is sometimes referred to as the ‘Friend of the Court Investigation Fee.’ It is collected at the time of Judgment. The fee is $80.00
Fees for Post Judgement Motions Regarding Custody Support or Parenting Time
When a party files a post-judgment motion relating to custody, parenting time or support, the fee must be paid at the time of filing the motion in addition to the $20 motion fee. A motion seeking any order modifying custody, parenting time or support must pay a fee. It is $80 unless the only issue is support. If the only issue is support, it is $40.
Ex Parte Interim Relief
Upon proper application, an ex parte interim order of support, custody, parenting time and attorney fees may be obtained immediately upon filing of a complaint in the discretion of the judge assigned to the case. A showing of need for this relief is required. Any other request for relief requires an appropriate motion which must be noticed for hearing according to State and local court rule. Motions are heard on Monday mornings. If a Monday is a legal holiday, motions are heard on Tuesday. The Michigan court rule requires a fee of $20 in order to file a motion.
Mediation and Alternate Dispute Resolution
The Friend of the Court staff provides informal mediation services to resolve custody and parenting time disputes. Informal mediation is conducted by custody investigators, judicial service officers, and referees. If you seek formal mediation, you may contract to have a private mediator resolve your custody and parenting time disputes. The Macomb County Circuit Court has adopted an alternative dispute resolution Plan which may be utilized by the judge assigned to your case, in his or her discretion. More information on the ADR Plan is provided on the Information Page of this site.
Child Support Adjustments
In all post-judgment cases where an order of support has been established, the support order may be modified if the payer becomes unemployed or disabled. The payer of child support must personally appear in the Friend of the Court Office and document the unemployment or disability and reduced earnings. At that time, a motion to adjust support arrearages may be filed on behalf of the payer, setting forth the existing financial circumstances and the reduced support amount. Copies of this motion will be mailed to both the payer and payee by the Friend of the Court Office. The payer shall notify the Friend of the Court when (s)he returns to employment. Upon receipt of this notification, the Friend of the Court will present to the Circuit Court an ex parte order adjusting the arrearages of the child support account based upon the unemployment/disability. A true copy of the ex parte order will be mailed to the payer and payee by the Friend of the Court. If the payee objects to the motion to temporarily reduce child support or the ex parte order, the Friend of the Court will schedule the matter for hearing before the Court.
Reasonable Rights of Parenting Time (formerly known as Visitation)
Under State law, the judge assigned to a domestic relations case with minor children will determine the “reasonable rights of parenting time” for the parents. In order to enforce parenting time, the parties must have a specific order specifying the parenting time. The Macomb County Circuit Court Family Division has utilized the following schedule for parenting time, in the absence of special circumstances:
Weekend Parenting Time – Every other weekend from 6:00 p.m. Friday until 7:00 p.m. Sunday (during the school year), and 8:00 p.m. Sunday (during the summer).
Weekday Parenting Time – One evening per week from 6:00 p.m. to 8:00 p.m. on a weekday to be determined by the parties. If unable to agree, it will be on Thursday. 9:00 p.m. extended return during the summer months.
Holidays
Father will have these specified holidays in all odd-numbered years, and mother will have these holidays in all even-numbered years:
Memorial Day Weekend from Friday at 6:00 p.m. until Memorial Day at 7:00 p.m.
Labor Day Weekend from Friday at 6:00 p.m. until Labor Day at 7:00 p.m.
Father will have the following holidays in all even-numbered years and mother will have these holidays in all odd-numbered years:
Fourth of July from July 3 rd at 6:00 p.m. until July 5 th at 7:00 pm.
Halloween from 4:00 p.m. until 8:00 p.m. on October 31.
Thanksgiving weekend from 6:00 p.m. the Wednesday evening before Thanksgiving until 7:00 p.m. Sunday.
Mother’s Day and Father’s Day – The child(ren) will be with the mother for the entire Mother’s Day weekend and with the father for the entire Father’s Day weekend from Friday at 6:00 p.m. until Sunday at 7:00 p.m. Normal parenting time schedule resumes after the Mother/Father’s Day weekend.
Christmas/Winter Break
In all odd-numbered years, father’s Christmas parenting time will be from 6:00 p.m. on the last day of the child(ren)’s school until 9:00 p.m. on December 24 th. Mother’s Christmas parenting time will be from 9:00 p.m. on December 24th until 7:00 p.m. the day before school resumes.
In all even-numbered years, mother’s Christmas parenting time will be from 6:00 p.m. on the last day of the child(ren)’s school until 9:00 p.m. on December 24 th . Father’s Christmas parenting time will be from 9:00 p.m. on December 24th until 7:00 p.m. the day before school resumes.
If the child is not of school age, the school vacation schedule of the district where the child resides will be followed.
Easter/Spring Break and Mid-Winter Break
Father will have the Easter/Spring Break in even-numbered years and Mid-Winter Break in odd-numbered years. Mother will have the Easter/Spring Break in odd numbered years and Mid-Winter Break in even numbered years. Spring and Mid- Winter parenting time begins at 6:00 p.m. the day school recesses and concludes at 7:00 p.m. the evening before the school resumes.
Summer Parenting Time
Each parent will have a total of three (3) weeks (only 2 weeks consecutive):
The single week shall consist of seven (7) consecutive overnights to begin on a Sunday at 7:00 p.m. The custodial parent’s vacation week may not disrupt the non-custodial parent’s alternating weekend.
The two-week period shall consist of 14 consecutive overnights to begin on a Sunday at 7:00 p.m.
Both parties must agree to a schedule of these dates by May 1st.
Extra Curricular Activities
Each parent is responsible for taking the child(ren) to all extracurricular and sporting activities which are scheduled during their parenting time.
Relationship to Child Support
Note: Parenting time should continue whether or not support is being paid. Child support must be paid whether or not parenting time is occurring.
Parenting Time Abatement
It is the policy of the Friend of the Court to grant a 50% parenting time credit on the child support obligation of the non-custodial parent provided the period extends for a minimum of six consecutive overnights with his/her child(ren) unless the order or judgment specifies differently. Written verification will be requested of the custodial parent. If this credit is objected to, the Friend of the Court will schedule the matter for hearing before the Court. If your order or Judgment does not address the issue of parenting time abatement, you must file a motion to obtain a credit and modify the order or judgment.
Consent Orders
All agreements by the natural parents of a child(ren) involving custody, support, parenting time, removal of the minor child(ren) from the state of Michigan, and any other matter related to the child(ren) which is in the best interests of said child(ren), will be processed by the Friend of the Court upon request.
Processing Child and Spousal Support Payments
Several procedures have been established by the Macomb County Friend of the Court for the processing of child and spousal support payments. The more important are as follows:
1. The Friend of the Court Office will no longer accept personal checks upon receipt. Checks will be accepted and processed by the Michigan State Disbursement United (MiSDU). The Friend of the Court Office will accept cash at the Cashier counter.
2. The Friend of the Court/MiSDU collects and distributes support through the Michigan Child Support Enforcement System (MiCSES).
a. MiCSES is designed according to federal regulations. The federal government requires all support charges (e.g., child support, child care, spousal support, etc.) to be calculated based on a monthly charge cycle.
b. For cash, money orders, personal and out-of-state checks, the federal government requires current child support and spousal support for a given month to be paid first. Any additional amount can be used to pay overdue support arrearages or other types of obligations (e.g., service fees).
c. MiCSES does not allow for the automatic distribution of overpayments on an account. If a payer’s monthly payment exceeds the amount due for a month, and there are no other obligations to apply the money to, the additional monies are placed in a suspense account.
Unreimbursed Health Care Expenses
The custodial party or non-custodial party must submit their request for proportionate reimbursement to the other party within 28 days of the insurers’ final payment or denial of coverage.
If direct reimbursement is not received by the other party within 28 days after the demand, the request for payment of uninsured health care expenses may be submitted to the Friend of the Court.
It is the custodial party or non-custodial party’s duty to submit the reimbursement request to the Friend of the Court one year after the expense was incurred, six months after insurer’s final payment or denial of claim, or six months after a parent defaults in paying for a health care expense as required under written agreement. Expenses more than a year old, from date of payment, will not be accepted by the Friend of the Court for enforcement.
The Friend of the Court will then establish a medical assessed account and pursue reimbursement for the custodial party.
Any questions relating to these policies and procedures may be directed to the Friend of the Court medical program specialist during regular business hours.