Beginning October 1, 2012, the Muskegon County Prosecutor’s Office Child Support Division was moved to the Family Court and became the Muskegon County Family Court Establishment Division. The change was done to address funding issues and to assist with establishing parenting time and custody, along with child support, at the onset of a case.
The focus of the Muskegon County Family Court's Establishment Division is to ensure that every child is supported by his or her parents. Our goal is to seek and obtain child support orders, obtain repayment of Medicaid disbursements, promote responsibility, and assist single parent families in obtaining financial independence.
Any resident of Muskegon County who is a parent or guardian and who has custody of a child is eligible for assistance from the Family Court regardless of income. Services are available for families who do not receive assistance and families receiving public assistance. In cases where a person is not receiving any type of public assistance, we will represent that individual and child in court to obtain child support payments and no fees will be charged. This approach to recovering unpaid child support ensures that all parents fulfill their financial responsibilities to their children.
The Family Court's Establishment Division will also establish paternity for children whose parents were not married at the time of the child’s birth. Sophisticated DNA testing is used to identify the biological father of a child. The Family Court's Establishment Division then goes to court to obtain a court order legally establishing paternity and ordering child support payments. In addition, the Family Court's Establishment Division will locate and obtain child support orders against parents who live in different states. In many cases, we are able to do this even if the absent parent lives in a foreign country.
In 2011, the Child Support Division of the Muskegon County Prosecutor’s Office (now the Muskegon County Family Court Establishment Division) filed 717 cases in the Muskegon County Circuit Court seeking child support. Last year the Child Support Division was successful in obtaining child support orders that amounted to over $1,006,000.00 per year for children in Muskegon County. Another important mission of the Family Court's Establishment Division is to make sure that taxpayers, through Medicaid, do not pay for the birth of children born to families with an absent parent who has the ability to pay. The Establishment Division actively seeks out these parents and obtains recoupment orders, ordering absent parents to repay Medicaid for the hospital bills for their children. This forces accountability on the part of an absent parent and relieves the taxpayer of this expense.
While the Muskegon County Family Court's Establishment Division establishes paternity and child support orders, it is the job of Friend of the Court to enforce all child support orders in Muskegon County. When a parent refuses to pay their child support, Friend of the Court enforces child support orders through the use of a contempt proceeding before a judge. Friend of the Court may also seek income and tax refund withholding orders to ensure support is paid. If contempt orders are ignored and income withholding orders are unsuccessful, Friend of the Court can contact the Prosecutor’s Office and request a case be reviewed for felony non-support prosecution.
HELPFUL INFORMATION:
How can I start a case?
How do I contact DHS to begin?
What happens at my appointment?
How is the absent parent notified of the case?
What if the absent parent does not cooperate?
What is a paternity case?
What about DNA testing?
What is a child support case?
How is the amount of child support determined?
What if a husband is not the biological father of a child?
What will the court order include?
What if the absent parent lives outside of Michigan?
How is child support collected?
Custody and visitation issues.
How can I start a case?
You must first contact the Department of Human Services (DHS) to apply for services provided by the Family Court's Establishment Division. A Child Support Specialist will assist you with the application. Your case will then be referred to the Family Court's Establishment Division and an appointment will be scheduled for you.
How do I contact the Department of Human Services?
You must contact a Child Support Specialist at DHS to begin the referral procedure at 1-866-540-0008.
What happens at my appointment?
You will be notified of an appointment at the Family Court's Establishment Division. You should bring to that appointment all the necessary documents, such as your child’s birth certificate, a copy of any prior acknowledgment of paternity, your marriage certificate if you were married, any government issued I.D., and if divorced, the prior judgment of divorce.
At your appointment you will meet with a legal assistant for an interview. Legal documents will also be prepared for your review and signature. Your case will then be filed with the court.
How is the absent parent notified?
Once the case is filed, we will schedule an appointment with the absent parent. The issues will be explained. A final Order, resolving the case by consent, may be signed at that time.
If the absent parent lives far away or out of state, we will send them notice of the case by mail. They may then contact us by telephone or mail. At times, it is necessary to arrange for papers to be served by an outside agency if the other party does not respond.
What if the absent parent does not cooperate?
Once the papers are served, the other party has 21 or 28 days to respond. If they fail to respond, we will set the case for a Court hearing and ask the Judge to enter an Order establishing paternity and/or child support. You will receive a copy of that Order. Payments will be collected and obligations enforced by the Friend of the Court.
What is a paternity case?
We will file a paternity case if you have a child who was conceived and born when you were not married and paternity has not been established. Paternity may be voluntarily acknowledged when both parties sign a legal document witnessed by a notary public. The form is then filed with the Michigan Department of Community Health. Otherwise, paternity may be established by DNA testing and/or a court Order.
What about DNA testing?
DNA testing may be arranged in a paternity case filed by our office. All parties are notified of the date and time of their appointment approximately one week in advance. DNA testing no longer requires blood tests and, instead, the Family Court's Establishment Division has adopted a less painful method using a cotton swab to obtain samples of an individual’s cheek cells.
The DNA results are sent to our office in about 4 weeks. Copies are then mailed to the parties immediately and also provided to the Court. The DNA testing will either determine that there is no possibility of paternity or that the probability of paternity is at least 99%. If the results show that the alleged father is not the biological father, the case is dismissed. If the results are positive, a hearing is set by the Court to resolve the case. If a party is ordered to appear for DNA testing and does not, the Court may enter an Order which establishes legal paternity and orders child support.
What is a child support case?
We will file a case for child support if a child was born during the marriage of the parties or paternity was previously legally acknowledged.
How is the amount of child support determined?
Child support is determined in accordance with the Michigan Child Support Guidelines. Calculations are based on the net monthly income of both parties and consider factors such as other children in the home or for whom child support has been previously ordered. A contribution toward childcare costs may also be ordered in addition to child support. Additionally, if the child's birth was paid for by Medicaid, those costs will be ordered paid by the father in accordance with Michigan laws.
What if a husband is not the biological father of a child?
If a mother is married when a child is conceived or born, her husband is presumed to be the legal father unless a court order's otherwise. This is true even if a child is born within 10 months of a divorce.
If the husband is not the biological father of the child, a court may enter an Order finding that the husband is not the legal father but such Orders are rare and depend on the circumstances in each case.
What will the court order include?
The final court order will include a child support obligation, to be paid by income withholding, a child care contribution, responsibility for medical insurance or uninsured medical expenses, the responsibility to report certain changes in circumstances or coverage to the Friend of the Court, reimbursement for childbirth expenses and, if the parties agree, visitation/parenting time and legal custody.
What if the absent parent lives outside of Michigan?
We can file a case for paternity and/or child support even if the absent parent lives in another state. In some cases, when that party is a former Michigan resident or other factors exist, we may still be able to file a case in our county.
If there are not sufficient ties to the state of Michigan, an action is filed under the Uniform Interstate Family Support Act (UIFSA). The papers are prepared in our office, filed with our court and forwarded to the state where the absent parent resides. The final court Order must be obtained in the other state.
Although we file these cases immediately, we must depend on the other state to file and process our case when it is received. We cannot control the time it takes another state to obtain an Order. We will monitor the other state’s efforts on a regular basis and contact you if additional information is required.
How is child support collected?
Child support is withheld from the absent parent’s paycheck. If self-employed or unemployed, payment must be made personally. The Muskegon County Friend of the Court collects and enforces child support obligations once your court Order is obtained. For further information, you may contact them at (231) 724-6421.
Custody and visitation issues.
If the parties do not agree on the issues of custody or visitation, the Family Court's Establishment Division will not represent you in resolving the dispute. You will need to seek a private attorney at that time.
Related links:
Federal Office of Child Support Enforcement
Michigan Department of Human Services (formerly named the Family Independence Agency)
Muskegon County Friend of the Court
