Can a court order us to share expenses after our child is out of high school?
Michigan courts cannot require parents to pay child support or share any child-related expenses after the child reaches the age of majority, but parents can agree to do so. Thus, if both parents agree to share post-majority expenses—such as college costs or other support—their agreement can be entered as a court order and enforced.
Can parents waive child support in Michigan?
Not exactly. Child support is the child’s right, so Michigan courts don’t allow parents to simply agree to waive it. Parents may propose creative approaches—offsets, direct payment of expenses, or a lower amount if justified—but any deviation from the guidelines must be reviewed and approved by the court.
Do I have to use the Friend of the Court?
Most families are automatically placed under FOC supervision when a case is filed. However, in some situations, parents can agree to “opt out” of FOC services with court approval, provided they are both handling their responsibilities without issues.
How is child support calculated in Michigan?
Michigan uses a formula that considers both parents’ incomes, the number of overnights each parent has, and costs like healthcare and childcare. That formula produces a guideline amount, but accuracy depends on the information used. Courts can sometimes deviate from the formula if there’s a good reason.
How long does child support last?
Typically until the child turns 18, or up to 19½ if the child is still in high school and lives with a parent. Support may end earlier if the child is emancipated. Michigan courts cannot order parents to pay college or post-majority expenses unless the parents agree to it.
What does the Friend of the Court do?
- Investigations and recommendations. The FOC may investigate custody, parenting time, or support issues and make recommendations to the judge. Judges often rely on these recommendations, though they are not binding.
- Enforcement. If a parent isn’t following a custody, parenting time, or child support order, the FOC can take steps to enforce compliance.
- Support services. The FOC helps process child support payments through the Michigan State Disbursement Unit (MiSDU). They also help track parenting time complaints and facilitate alternative dispute resolution in some counties.
What if the other parent doesn’t pay child support?
Payments are tracked through the Michigan State Disbursement Unit (MiSDU). If a parent falls behind, enforcement tools include income withholding, tax refund interception, license suspension, and even contempt proceedings. An attorney can help you pursue enforcement quickly.
If the other parent isn’t paying, do not withhold parenting time or use self-help; use the enforcement tools available through the court or Friend of the Court.
What is the Friend of the Court in Michigan?
The Friend of the Court (“FOC”) is a part of the family division of the circuit court in Michigan. Its role is to help the court handle cases involving child custody, parenting time, and child support. Many people assume the FOC is a “friend” to one parent, but it’s not—it’s a neutral office that works for the court.
Why does the Friend of the Court matter in my case?
Because the FOC plays such a big role in custody and support matters, it’s important to understand how the office works and how to interact with it. An experienced family law attorney can help you navigate FOC investigations, challenge recommendations when necessary, and ensure that your rights and your child’s best interests are fully protected.