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Rule 3.208 – Friend of the Court

May 13, 2021 | Family Law, Michigan

(A) General. The friend of the court has the powers and duties prescribed by statute, including those duties in the Friend of the Court Act, MCL 552.501et seq., and the Support and Parenting Time Enforcement Act, MCL 552.601et seq.
(B) Enforcement. The friend of the court is responsible for initiating proceedings to enforce an order or judgment for support, parenting time or custody. The procedures in this subrule govern contempt proceedings under the Support and Parenting Time Enforcement Act. MCR 3.606 governs contempt proceedings under MCL 600.1701.

(1) If a party has failed to comply with an order or judgment, the friend of the court may move for an order to show cause why the party should not be held in contempt. Alternatively, in nonpayment of support cases and as allowed by the court, the friend of the court may schedule a hearing before a judge or referee for the party to show cause why the party should not be held in contempt.
(2) The order to show cause or the notice of the show cause hearing must be served personally, by ordinary mail at the party’s last known address, or in another manner permitted by MCR 3.203.
(3) The notice of the show cause hearing shall comply with requirements for the form of a subpoena under MCR 2.506(D).

(a) For the purpose of this subrule, an authorized signature is one that comports with MCR 1.109(E).
(b) A notice under this subrule must state the amount past due and the source of information regarding the past due amount and act or failure to act that constitutes a violation of the court order. The state court administrator shall develop and approve a show cause hearing and notice form for statewide use. The show cause hearing and notice form may be combined in a single document.
(c) A person must comply with the notice unless relieved by order of the court or written direction of the person who executed the notice.
(4) The show cause hearing may be held no sooner than seven days after the order or notice is served on the party. If service is by ordinary mail, the hearing may be held no sooner than nine days after the order or notice is mailed.
(5) The court may hold the show cause hearing without the friend of the court unless a party presents evidence that requires the court to receive further information from the friend of the court’s records before making a decision. If the party fails to appear at the show cause hearing, the court may issue an order for arrest.
(6) The relief available under this rule is in addition to any other relief available by statute.
(7) The friend of the court may petition for an order of arrest at any time, if immediate action is necessary.
(C) Allocation and Distribution of Payments.

(1) Except as otherwise provided in this subrule, all payments shall be allocated and distributed as required by the guidelines established by the office of child support for that purpose.
(2) If the court determines that following the guidelines established by the office of child support would produce an unjust result in a particular case, the court may order that payments be made in a different manner. The order must include specific findings of fact that set forth the basis for the court’s decision, and must direct the payer to designate with each payment the name of the payer and the payee, the case number, the amount, and the date of the order that allows the special payment.
(3) If a payer with multiple cases makes a payment directly to the friend of the court rather than through income withholding, the payment shall be allocated among all the cases unless the payer requests a different allocation in writing at the time of payment and provides the following information about each case for which payment is intended:

(a) the name of the payer,
(b) the name of the payee,
(c) the case number, and
(d) the amount designated for that case.
(D) Exceptions to Friend of the Court Enforcement.

The friend of the court may inactivate its case and is not required to perform activities under the Friend of the Court Act, MCL 552.501 et seq., and the Support and Parenting Time Enforcement Act, MCL 552.601 et seq. when the case is no longer eligible for federal funding because a party fails or refuses to take action to allow the friend of the court’s activities to receive federal funding or because the federal child support case is closed pursuant to Title IV, Part D of the Social Security Act, 42 USC 651 et seq.

Mich. Ct. R. 3.208

Amended December 20, 2017, effective January 1, 2018; amended August 30, 2018, effective September 1, 2018.

Staff Comment: The amendment of MCR 3.208 implements 2014 PA 378 permitting alternate procedures to set contempt proceedings to reduce the steps necessary to schedule a hearing. The amendments also clarify when the friend of the court must participate in a contempt hearing. In addition, the amendments implement 2014 PA 381 making the Office of Child Support responsible for determining allocation and distribution of child support payments, and allow the friend of the court to refrain from enforcing child support orders in situations in which it is inappropriate or unproductive for the friend of the court to continue to enforce child support orders.

The staff comment is not an authoritative construction by the Court. In addition, adoption of a new rule or amendment in no way reflects a substantive determination by this Court.