OTHER MATTERS - Other types of a

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OTHER MATTERS - Other types of actions handled by the Friend of the Court (in addition to Divorce)

Paternity Actions

When a child is born to a mother who is not married to the child’s father, legal processes can be used to establish the father’s rights and responsibilities. If the child is born out of wedlock, the father and mother can sign an approved affidavit of parentage form to legally establish that the father has parental rights. Those forms are available through the Department of Human Services (formerly FIA), prosecuting attorney, and hospitals.

If both parents do not singe an acknowledgement of parentage form, either parent can file a paternity action to have the court determine the legal father of the child. The action can be filed any time before the child reaches the age of 18. The Department of Human Services or the child may also file this type of action.

Generally, paternity cases are started in the prosecuting attorney’s office by the Support Coordinator after a referral from the Michigan DHS, which makes referrals regardless of whether a person receives public assistance. A person may also file his/her own paternity action or contact a private attorney to file the action. You may find more information about establishing paternity by reading the pamphlet, “ What Every Parent Should Know About Establishing Paternity". The pamphlet is available through several sources, including the Michigan Office of Child Support (a part of the Department of Human Services).

Once paternity has been established, the Support Coordinator may seek a court order for custody, child support, repayment of the birth and delivery expenses of the child, and payment of on going health care expenses for the child. However, the prosecuting attorney’s office is not required to represent either party in deciding issues. If the parties cannot agree upon custody or parenting time issues, they may need to represent themselves or retain a private attorney. However, in some cases, the Support Coordinator may state in the Order that custody and parenting time will be determined by the Friend of the Court. In this situation, the parties will meet with the Friend of the Court to discuss and hopefully agree on these issues. If no resolution or stipulated agreement between the parties is drafted for judicial signature, the Friend of the Court will do a recommendation and present the same to the parties and the court. Parties will have 21 days to object to the recommendation and a hearing will be scheduled if an objection is filed.

Interstate Actions

Child support obligations remain in effect regardless of where you live, unless changed by a court order. There are serious legal consequences if orders are not followed, laws are complicated and vary from state to state.

If either party leaves the State of Michigan, it does not mean that the child support obligation ends. Both parents have a duty to keep the Friend of the Court advised of their residence and employment. The payer must continue to pay support through the Friend of the Court to assure the recipient continues to receive support. The Friend of the Court has a responsibility to continue enforcing the order of the court.

It is important to remember that a parent’s obligation to his/her children continues whether or not you reside in the same state. There are serious consequences for failure to abide by your court order.

If support payments are not timely, or stop altogether, there are laws between each state to assure that payments are made. Laws to enforce support include:

• Uniform Interstate Family Support Act (UIFSA)

UIFSA assists states in dealing with cases where a party or source of income is in another state. It replaces other interstate child support laws. Under UIFSA, only one state has the right to establish or modify support. This right can be given to another state only if certain conditions are met (such as both parents and the child moving from the state that entered the original order),

This act became effective in Michigan on June 1, 1996. If you know that the payer of support in your case has moved to another state, contact the Friend of the Court to determine whether you can obtain assistance under UIFSA.

Some of the procedures available under UIFSA:

Interstate Income Withholding

The Friend of the Court is allowed send a Michigan court order directly to an employer in another state, requiring that employer to deduct child support and send it to the MiSDU (Michigan State Disbursement Unit).

• Registration of the Michigan Court Order for Enforcement

If an employer fails to withhold the support, the Friend of the Court will register this case in the other state for enforcement. Registering this case allows the other state to take the Michigan order and enforce the full amount of support as if it were that state’s own, original order.

• Registration for Modification

When Michigan or another state no longer have jurisdiction to modi& the support order, (e.g., neither party nor the child reside in the state that issued the order), and the order needs modification, the order may be registered in the state where the other party resides.

• Assistance with Discovery in Another State

UIFSA provides some assistance in obtaining information needed for support hearings if one

of the parties lives in another state.

• Revised Uniform Reciprocal Enforcement of Support Action (RURESA)

RURESA preceded UIFSA. If a RURESA order was established in your case, it will continue to be enforced; however, if a modification should occur after 1996 your order it will follow the UIFSA rules for enforcement.

Parent Locator

The federal government has established the federal parent locating service and corresponding state agencies. The service can be used to:

• Locate a parent for purposes of securing child support

• Locate a parent for purposes of making or enforcing a child custody determination and in cases of parental kidnapping

The Friend of the Court is one of the agencies that can request the utilization of these services. The full name, date of birth, and social security number of the person to be located is required when using this service.

Step-Parent Adoption

Adoption can be handled by your attorney or by the Chippewa County Probate Court, Juvenile Division. A parent who marries or remarries with minor children may wish the new spouse to adopt the children, In so doing, the adopting family should contact the Probate Court in your county of residence. If an adoption does occur it is imperative that the parents contact the Friend of the Court to stop current support from charging. Any support charged prior to the adopting will continue to be enforced or the parties may agree to abolish all unpaid support unless the arrearage is owed to the State of Michigan.

Reconciliation of the Parties

Not every Complaint for Divorce that is filed ends in a Judgment of Divorce. Parties may reconcile their differences and drop the divorce action. A Notice of Reconciliation or Order of Dismissal must be filed with the County Clerk’s Office and a copy to the Friend of the Court. If the children have received public assistance, arrangements must be made with the Friend of the Court to pay any child support arrearages that accrued while the children were on public assistance and any fees owing to the Friend of the Court must be paid. Please contact the Friend of the Court office for instructions regarding this issue.

Family Support Cases that Reconcile

Family support cases begin at the Prosecutor’s Office and if the parties reconcile prior to a Judgment of Support being entered should contact the Family Support Division of this office and have an Order of Dismissal filed. Telling the Department of Human Services that you intend to reconcile is not going to stop the judgment process, you must contact the Support Coordinator in writing of your intentions.

Grievance Procedure

If you should have a complaint involving an employee or procedure of the Friend of the Court office, you may file a grievance with the Friend of the Court either by (a) requesting a grievance form from this office, or (b) writing your complaint in a letter clearly indicating it as a grievance.

If you are not satisfied with the disposition of your complaint by the Friend of the Court, you may file an additional complaint with the Chief Judge. Forms for this procedure are available at the Friend of the Court Office.

Forms:

Grievance

Minor Child Seeking an Emancipation

Emancipation of Minor Child - MCL 722.4 and MCL 722.4a

A hearing will be scheduled before the court without a jury. This hearing can be scheduled before the judge or referee, unless the minor requests that the hearing be held before the judge.

The court shall issue an emancipation order if it determined that emancipation is in the best interest of the minor and the minor establishes all of the following:

• That the minor’s parent or guardian does not object to the petition; or if a parent or guardian objects to the petition, that the objecting parent or guardian is not providing the minor with support

• That the minor is at least 16 years of age

• That the minor is a resident of the State of Michigan

• That the minor has demonstrated the ability to manage his/her financial affairs, including proof of employment or other means of support. “Other means of support” does not include general assistance or aid to families with dependent children administered under the social welfare act, ACT No. 280 of the Public Acts of 1939, being section 400.1 to 400.21 of the Michigan Compiled Laws

• That the minor has the ability to manage his/her personal and social affairs, including, but not limited to, proof of housing.

• That the minor understands his/her rights and responsibilities under this act as an emancipated minor.

The minor who petitions the court for emancipation shall have the burden of showing by a preponderance of evidence that emancipation should he ordered.

If the court issues an emancipation order, the court shall retain a copy of the order until the emancipated minor becomes 25 years of age.

An emancipation obtained by fraud will be null and void. Voiding such an order does not affect an obligation, responsible, right, or interest that arose during the period of time the order was in effect.

The minor or parent or guardian of the minor may file an appeal from the court’s grant or denial of an emancipation petition. The appeal shall be filed in the court of appeals.

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