The Friend of the Court works from electronic referrals sent by an MDHHS Support Specialist. The Support Specialist can assist in locating the other parent and filling out any necessary applications or forms to get the case started

Once the Friend of the Court receives the MDHHS referral, we will schedule an initial interview with the parent or third party custodian who was referred for child support.

During the Interview, you will be asked to speak to a Friend of the Court employee to verify that all information provided on the referral is correct and to review and sign all necessary court documents.

You will be asked to bring all documents requested in the appointment letter such as: a photograph of the defendant, birth certificates of your children or affidavits of parentage. If you are married, a copy of the marriage certificate. If you are divorced, a copy of the divorce decree and any modifications of the divorce decree.

If you are a non-parent guardian or custodian of the child in need of support, you will be asked to provide proof of your authority to have the child in your care such as a guardianship order or power of attorney from the child's parent(s).

If you are employed, we will ask you to provide four most recent pay stubs, and/or verification of day care expense.

How is paternity established?

Married parents: If parents are married to each other when a child is born or when the mother became pregnant, the mother’s husband is the child’s legal father whether or not he is the biological father. In order for a man other than the mother's husband to be acknowledged as the biological and legal father of the child, a court must enter an order revoking the legal paternity of the mother's husband.

Unmarried parents: Parents who are not married to each other must do something to establish paternity. There are two main ways parents can establish paternity when they are not married:

Unmarried parents can establish paternity voluntarily. This means they agree to name the father of the child using a document called an Affidavit of Parentage form;
or
Unmarried parents can ask the local family court to help establish paternity. This usually involves DNA paternity testing (also referred to as genetic testing). At the conclusion of a paternity case, the Court will enter an "Order of Filiation"  to address paternity as well as child support, custody, and parenting time. For cases referred to the Friend of the Court, we will file the lawsuit seeking the Order of Filiation. 

It's important to note that the father's name can go on the birth certificate only if paternity has been established.

Birth certificates are not automatically changed when an affidavit is filed, except when completed in the hospital at the time of birth and before the birth has been registered. Changes to registered birth records can be requested based upon a properly completed affidavit and/or certified copy of the Court order establishing paternity, but the birth record correction must be requested on a separate application to correct a certificate of birth. There are separate forms for correcting a certificate of birth and a form called adding a father to the birth certificate. There is a fee for each birth record change. Applications to correct a birth certificate and/or add a father to the birth certificate are available from the office of the county clerk at (269) 969-6908 and from the Division for Vital Records at the address listed above.

A paternity action is filed to determine whether or not the person named as the alleged father in the court case is or is not the biological father of the child. If the alleged father is found to be the biological father, an Order of Filiation is entered naming the alleged father to be the legal father of the minor child based on genetic test results and/or testimony of the Petitioner. The Order of Filiation will also address child support, custody and parenting time.

A Petition for child support is filed between legal parents to obtain a court order requiring one parent to pay child support for his/her minor child/ren to the other parent. Which parent has the responsibility to pay child support will depend on whether one parent is receiving public benefits (like Medicaid) for the child, how much income each parent has, and how much time each parent has the child in his or her care.

Petitions for child support can also be filed on behalf of a third party custodian, who has the physical care and custody of the minor child (including when the child is in foster care) against both of the child's parents. 

When the Absent parent either lives in another state or leaves the State of Michigan, their obligation to support the child does not end. An Interstate action is any one of the following:

1. An action filed between two states to request another state to enforce an already existing judgment/child support order and redirect support payments to the custodial parent.

2. An action filed between two states to establish paternity and child support.

3. An action filed between two states to establish child support when the parties are married but are living separate and apart or when paternity has already been established by an acknowledgment of paternity or court order.

4. An action filed between two states to register an out of state order in the state, where the absent parent resides {for enforcement only or modification and enforcement}, and redirect the child support payment to the custodial parent.

According to the Court Rules, Friend of the Court must provide proof to the Court that the Defendant has received a copy of the complaint and that he/she has knowledge of the case. Counting from the date of service, the Defendant has a certain number of days to file a written answer to the complaint. During this time a meeting can be scheduled between the Friend of the Court and the Defendant or both parties to discuss a resolution of the case.

If the Defendant refuses to cooperate or participate in the Court action, the Court Rules allows the petitioner to file an application for judgment by default. A default judgment is a judgment entered against an Defendant due to his/her failure to respond to the complaint and/or a judgment which is given without the Defendant being heard. After a default, the Defendant will be legally required to pay child support even though s/he was not present for any of the court proceedings.

In any paternity action filed by the Friend of the Court, genetic testing is available upon request of the parties. The sample collection is completed by buccel swabs. It is important, when appearing for a buccel swab collection the mother, alleged father and minor child, should not eat or drink anything at least 20 minutes before the scheduled appointment.

If a legal father exists, the Prosecutor’s Office cannot provide genetic testing under the IV-D contract. The legal parents may consult a private attorney and/or schedule their own genetic testing through a laboratory qualified to do genetic testing at his/her own expense.

If a child is conceived or born during a marriage, the husband is the legal father but not always the biological father. The husband may participate in a court action to obtain a court order that may exclude him as the legal father. Such a court action can be filed by either the mother of the child or the legal father (i.e. the husband) or the man who is believed to be the biological father of the child.

A hearing is scheduled, when the parties cannot agree on a final order to establish paternity and/or child support. The issues of custody and parenting time can be addressed this hearing. A Default Hearing is scheduled when the Defendant fails to answer the complaint filed against him/her. If a party lives out of state, that party may file a request to participate at the hearing by telephone.

In an Interstate case to establish paternity and/or child support, the custodial parent may or may not participate in scheduled hearings. If the custodial parent does participate, the parent as set forth in the Uniform Interstate Family Support Act may participate by telephone. The custodial party is not required to travel to the other state for a court hearing.

Child support is calculated using the Michigan Child Support Formula. Both parties gross incomes are used in the calculation of child support. Day care expense is a part of the calculation of child support as well as medical coverage for the subject minor children.

In an Interstate paternity and/or child support case, the state where the parent who will pay the child support resides is the State that will enter an order in the court granting the relief requested pursuant to the Uniform Interstate Family Support Act. The responding state uses their child support formula to establish that parent's child support obligation.

An order of filiation and/or an order for support specifically set forth the absent parents’ child support obligation including any day care expenses, medical coverage reimbursement, reimbursement of any birth expenses paid by the State of Michigan (if applicable), provisions for income withholding, and notification to the Calhoun County Friend of the Court of any address change or change of employment as specified by statute. Any address change or change of employment must be submitted to the Calhoun County Friend of the Court in writing.

The Friend of the Court does not represent either party in the resolution of custody and parenting time. The Paternity Act and the Family Support Act address these issues. The Attorney for the Friend of the Court will put consent agreements in their orders. If the parties disagree as to these issues, they may consult a private attorney to assist them in a resolution or they may represent themselves before the Court in any hearing about what custody and parenting time arrangement is best for the child.

In an Interstate child support case or paternity and child support action, custody and visitation is not addressed.

All Final Judgments/court orders involving child support should be submitted to the Friend of the Court for their approval pursuant to statute.