The Friend of the Court enforces court orders pertaining to custody, parenting time and child support. Both parents are obligated to follow the court orders as they are written. If a court order must be changed because of a change in circumstances, please refer to the custody, parenting time, and child support section on this site. Court orders remain in effect until the entry of a new court order.
When should I see my attorney, and when should I see the Friend of the Court for enforcement?
Before taking the Judgment of Divorce, your own attorney may wish to handle enforcing the custody, parenting time, and child support provisions of any temporary orders entered in your case.
After the judgment is filed, you have the option of going to your attorney or filing a complaint with the Friend of the Court. You must notify the Friend of the Court of any children who marry, enter the Armed Services, or die before turning 18.
The enforcement process for custody and parenting time can begin by:
The filing of a complaint by either parent about a violation of a custody or parenting time order. All complaints must be in writing, dated, and signed.
In your complaint, be sure to include the parties' names, addresses, telephone numbers, case number, name of judge, and your signature. You can obtain a complaint form at the Friend of the Court or you may mail a letter to:
Oakland County Friend of the Court
PO Box 436012
Pontiac, Michigan, USA, 48343-6012
If you wish to meet with the family counselor assigned to your case, an appointment arranged in advance of the meeting is necessary.
The enforcement process for child support can begin by:
A statutory review by the Friend of the Court.
The filing of a complaint by a payee of support. All complaints must be in writing, dated, and signed. In your complaint, be sure to include the parties' names, addresses, case number, name of judge, and your signature. You can obtain a complaint form at the Friend of the Court or you may mail a letter to:
Oakland County Friend of the Court
PO Box 436012
Pontiac, Michigan, USA, 48343-6012
A complaint filed by telephone using the payment inquiry line of 248-858-1565 or 800-357-4507.
Complaints are screened
The Friend of the Court staff reviews all complaints to determine what action to take. Parents are encouraged to work out parenting time problems themselves. However, if they cannot, the Friend of the Court assists parents through correspondence, consultations, joint meetings, mediation and court actions, if needed, to ensure the children will have contact with the noncustodial parent.
When child support is the issue, the Friend of the Court may send a delinquency notice or personalized correspondence to the payer, or the matter may be scheduled for court. The Friend of the Court may decide to take no action because a substantial payment may have been received since the filing of the complaint, the payer may be in jail or have contacted the Friend of the Court with an explanation, etc. If the Friend of the Court takes no action and the complaining party is dissatisfied, he or she may retain a private attorney to bring the matter to court.
If the Friend of the Court determines that a parenting time or child support matter should go before the court, the Friend of the Court petitions the Circuit Court for an Order to Show Cause. The Order to Show Cause commands the parties to appear before the court or the Friend of the Court at a specified time. The parties must demonstrate why one or both of them should not be found in contempt of court for failure to comply with the court order. Contempt is punishable by a sentence of up to 90 days in the Oakland County Jail, and court costs may be imposed.
Both parties MUST be at the contempt hearing
Both parties are required to be at the show cause hearing. If the alleged violator of a parenting time order fails to appear, an arrest warrant can be issued. If both parties reach an agreement about the parenting time, an order to show cause is dismissed.
Likewise, if the parent paying support fails to appear, an arrest warrant can be issued. As a rule, an Order to Show Cause is dismissed when full payment is made before the court date and the party makes arrangements with the Friend of the Court referee so that future delinquencies will not occur. The custodial party must appear at the show cause hearing to assist the Friend of the Court in identifying and locating the payer. The results of the hearing often depend on the custodial parent's testimony. Failure of the custodial parent to appear can seriously affect the efforts to collect support.
Some contempt hearings are settled by the Friend of the Court Referee
At the time set for the Order to Show Cause hearing, the parties are called before the Friend of the Court referee. The referee may attempt to settle the matter without either party appearing before the judge. For child support, settlements are reached by substantial payments on the arrearages, signing a consent wage assignment (i.e., support is mailed directly to the Friend of the Court by the employer) or other arrangements to comply with the court order.
For parenting time issues, the parties may agree to a more workable schedule, a determination may be made that there was no violation of the court order, both parties were to blame for the alleged violation of the court order, etc.
For either parenting time or child support show cause hearings, parties may ask their attorneys to accompany them to the show cause hearing. If either party is dissatisfied with the outcome of the hearing before the referee, that party may request a hearing before the judge.
You can go to jail for contempt of court
If a settlement about parenting time or child support is not reached, the Friend of the Court referee will take the parties before the judge and ask to have one or both of them found in contempt. Non-payment of child support or failure to allow court-ordered parenting time may mean a jail sentence for contempt of court. A recommendation can be made for immediate incarceration or for specific actions to be taken within a certain time.
If a party is jailed, a condition on the jail sentence is included. By complying with the condition, the party will be released from jail.
Other remedies can be applied for violation of court orders
Legislation allows the Friend of the Court to petition the court for revocation of driver's licenses and professional licenses to ensure the child support is paid or that parenting time occurs. Parents should be aware that these enforcement tools can be utilized by the court to ensure that court orders are followed.
The Friend of the Court is required to advise credit reporting agencies of arrearages in child support. Notification of these arrearages can affect the payer's ability to secure credit. It is important that all payers keep their accounts current to avoid the necessity of contacting credit reporting agencies and indicating the delinquencies in child support.
Credit checks help enforce child support efforts
The Friend of the Court is now able to obtain a credit check to help determine a payer's ability to pay child support. This information has, at times, proven most helpful in enforcement efforts.
Information obtained in a credit check may not be released to the payee of child support. If you want a credit check run, you should send a written request to the Friend of the Court. The credit bureau will be requested to supply the Friend of the Court with detailed information on the payer's financial status.
The Warrants Unit may become involved
The Friend of the Court Warrants Unit is comprised of deputies employed by the Circuit Court, as well as clerical support staff. Each deputy is certified by the Michigan Coalition on Law Enforcement Standards and is highly trained and skilled in investigative techniques, locating, and various other means of satisfying Circuit Court orders regarding child support and parenting time matters. These deputies are plainclothes and are very low profile, whenever possible, in executing the orders of the Court.
Deputies are assigned to transport subjects arrested on Circuit Court Bench Warrants regarding child support or parenting time matters.
The clerical staff incorporated within the Warrants Unit has the responsibility of actually processing information to acquire a Bench Warrant, determining the location of the wanted individuals and canceling the Bench Warrants when they have been resolved. The clerical staff has the ability to locate individuals by the use of various tools at their disposal.
Providing information to help us in our endeavors to locate wanted individuals is extremely important to our operation. Pictures, employment information, and other relevant data should be forwarded to the Warrants Unit, or contact their office at 248-858-0444 between 8:30 a.m. and 4:30 p.m.
