If you have suffered a loss of income due to COVID-19, please contact your FOC investigator using one of the methods listed above (phone or MiChildSupport).
- Parenting time orders continue in full effect during the executive order | Spanish | Arabic
- Statement from the Michigan Supreme Court on Matters Concerning Children | Spanish
- FAQs Regarding Custody and Parenting Time During Covid-19 Outbreak
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Will a support payer's stimulus check be intercepted for child
support?
We have been advised by the Federal Office of Child Support that stimulus payments provided under the CARE (Coronavirus Aid, Relief, and Economic Security Act, Pub. L. 116-136) Act will be intercepted for child support (not spousal support) if the payer owes $150 in past-due support in TANF (Temporary Assistance to Needy Families) cases, or $500 in non-TANF cases. This is not a local Friend of the Court decision, and we are unable to exempt any cases. Pursuant to federal rules, the intercepted funds might need to be held for up to six (6) months before distribution. The FOC is not allowed to disclose the reason for a payment being held. If you owe past-due support and have filed jointly with a new spouse, your spouse will need to file an injured spouse form (IRS form 8379) to get back their share of the joint stimulus when the money is applied to a past-due obligation other the other spouse.
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My child is 18 and supposed to graduate in May. Now that the
Governor has ordered that schools cannot be physically open, does my support obligation end
now?
Some child support orders have a date-certain when support will end. If your order has a date-certain, the date in the order governs notwithstanding the circumstances may be have changed with Executive Order 2020-35. The EO offers school districts an array of methods to continue education even though buildings are physically closed. If your support order doesn't have a specific termination date, many continue support for a child age 18 or older (but not exceeding 19 ½) for so long as the child “is regularly attending high school on a full-time basis with a reasonable expectation of completing sufficient credits to graduate from high school while residing on a full-time basis with the recipient of support…” Although your child may not be physically in a classroom, it is up to the individual school districts to determine what still constitutes “attending.” Attendance may include virtual learning. Therefore, the FOC will continue to apply the 2019-2020 school calendar as though school is in normal session. If you child is 18 and is expected to graduate this year in May or June, child support will continue until the last day of the month of graduation. Parties may reach agreement on a termination date of child support but those agreements must be in writing and filed with the court to be enforced. If the parties disagree with the FOC's interpretation of their child support order termination date based on their case-specific circumstances, either party may file a motion with the court.
eFiling Waiver
If you wish to file a motion, but are unable to do so because you do not have the technology available to use the MiFile (e-filing) portal, please complete the motion (in the FOC FORMS section) and mail it with the request for exemption from e-filing form to the Ottawa County Clerk’s office. Motions are still being scheduled for hearing, however, those hearings are now being conducted by telephone /ZOOM. Please be sure to include telephone and email contacts in motion filings.
