Enforcing Custody, Parenting Time, and Support Orders in Michigan

Start with the Friend of the Court

MCR 3.208(B) makes the Friend of the Court responsible for starting proceedings to enforce support, parenting time, and custody orders. If your case does not have an open FOC case, the parties carry full responsibility for enforcement themselves (MCL 552.505a(3)).

Custody and parenting time violations

1. Submit a written complaint to the FOC stating specific facts that make up the violation. If you have parenting time under the order, the office must help you prepare the complaint if you ask (MCL 552.511b(1)).
2. The FOC sends a copy to the person accused and every other party within 14 days (MCL 552.511b(2)).
3. The FOC chooses a response under MCL 552.641(1): apply the makeup parenting time policy, start civil contempt, move to modify parenting time, schedule mediation, or schedule a joint meeting.

Makeup parenting time

Each circuit has a makeup parenting time policy approved by the chief circuit judge. Under MCL 552.642(1), the policy must provide that:

• makeup time is at least the same type and duration as the time denied, such as weekend for weekend or holiday for holiday;
• it is taken within 1 year after the denied time;
• the wrongfully denied parent chooses when; and
• that parent gives the FOC and the other parent written notice at least 1 week ahead for weekend or weekday time, or at least 28 days ahead for holiday or summer time.

If the FOC sends a notice that it intends to apply the policy, a party who does not respond in writing within 21 days is treated as agreeing that parenting time was wrongfully denied (MCL 552.642(2) and (3)).

Civil contempt for parenting time violations

If other methods do not resolve the dispute, the FOC starts a civil contempt proceeding (MCL 552.644(1)). If the court finds a parent violated the order without good cause, which includes consideration of the safety of a child or party, the statute lists remedies the court may use, including:

• additional terms and conditions on parenting time;
• modifying parenting time in the child’s best interests, after notice and a hearing if requested;
• makeup parenting time;
• a fine of not more than $100;
• jail or an alternative, up to 45 days for a first finding and 90 days for later findings;
• suspension of an occupational, driver’s, or recreational license, conditioned on noncompliance with an order for makeup and ongoing parenting time; and
• supervision by the FOC with conditions such as a parenting program or counseling.

The court must state on the record its reason for not ordering a sanction (MCL 552.644(3)). A party found to have acted in bad faith in a parenting time dispute must pay the other party’s costs (MCL 552.644(8)).

Unpaid support

The FOC must start enforcement when the arrearage equals or exceeds one month of support under the order, with some exceptions, such as when income withholding is in effect and payments are being made (MCL 552.511(1)(a)). It must also act when a parent fails to obtain or keep ordered health care coverage (MCL 552.511(1)(b)).

If income withholding does not work, the recipient or the FOC can start a civil contempt proceeding (MCL 552.631(1)). Under MCR 3.208(B), the FOC can move for an order to show cause, or in nonpayment cases schedule a show cause hearing. The notice must state the amount past due and the source of that information, and the hearing cannot be held sooner than 7 days after service, or 9 days after mailing if served by ordinary mail (MCR 3.208(B)(3) and (4)).

Documenting a violation

• Write down each missed or denied exchange the same day: date, time, place, and what was said.
• Save the related texts or emails with dates visible.
• Keep a copy of every complaint you send to the FOC and every notice you receive.

Primary sources

Rules and forms change. Check the current version at the source before you file.

• MCL 552.511, support enforcement triggers
• MCL 552.511b, custody and parenting time complaints
• MCL 552.641, FOC responses to violations
• MCL 552.642, makeup parenting time
• MCL 552.644, parenting time contempt
• MCL 552.631, support contempt
• MCL 552.603, support as a judgment
• MCR 3.208(B), show cause procedure (Chapter 3)