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Common Questions about Divorce with Children
Contents
These are common questions about divorce with children.
Questions about Filing a Divorce
You or your spouse must have lived in Michigan for at least the last 180 days before you can file for divorce.
To file for divorce in Michigan, you or your spouse must have lived in Michigan for at least the last 180 days. In general, your divorce must be filed in the circuit court in the county where you or your spouse has lived for at least the last ten days. Most people file where they live, but you don’t have to. You can file where your spouse lives.
There is one exception to the ten day requirement. You can file in any Michigan county without meeting the ten day requirement if all of the following are true and you include them in your complaint for divorce:
- The Defendant (your spouse) was born in a country other than the United States or is a citizen of another country;
- You and your spouse have a minor child or children; and
- There is a risk that the Defendant will take the minor child or children out of the United States to a different country and keep them there, and there is information that would allow the judge to conclude this.
To get a divorce in Michigan, only one spouse must live here. However, if you or your spouse has never lived in Michigan, the court may only have limited jurisdiction in your case. Limited jurisdiction means the court can divorce you, but might not be able to do other things like:
- Make custody and parenting time decisions
- Order child support
- Divide your property
If you think Michigan has limited jurisdiction in your case, consider talking to a lawyer. Use the Guide to Legal Help to look for a lawyer or legal services in your area.
Before you can file a new divorce case, all prior divorce cases must be dismissed. You must tell the court about all other court cases between you and your spouse. If a prior case is still active, the court might not have jurisdiction in a new case. If you have a prior divorce case that might be active, you should talk to a lawyer.
Yes. You can get divorced in Michigan if:
- Your marriage is valid in the place where you were married; and
- You or your spouse has lived in Michigan for at least six months.
Yes. Neither spouse is required to be a U.S. citizen to get a divorce in Michigan. You can get a divorce here as long as one of you has lived in Michigan for at least six months. But if your right to live in the United States depends on your marriage, divorce may affect that right.
If you are in this situation you should consider talking to a lawyer. If you need a lawyer and have low income, you may qualify for free legal help. Use the Guide to Legal Help to find a lawyer or legal services in your area.
No, unless both parents and the minor children live on a reservation. Then, you must file your case in tribal court.
Yes. Separate maintenance is like divorce, but you stay married at the end of the case. The court will still divide your property and make custody, parenting time, and child support orders. You might decide to file for separate maintenance because of your religion or if you want to stay married for other reasons. But, if you file a separate maintenance case and your spouse files a counterclaim for divorce, the court must treat the case as a divorce.
To learn more, read Alternatives to Divorce: Separate Maintenance and Annulment.
Maybe. An annulment is a court decision that your marriage is not valid. You can only get an annulment in certain situations. Reasons for annulment are:
- Bigamy
- Incompetence
- You or your spouse were too young for marriage
- You and your spouse are close relatives
- Your spouse used force or fraud to get your agreement to marry
To learn more, read Alternatives to Divorce: Separate Maintenance and Annulment.
A Michigan court can grant you a divorce if you have a valid common law marriage. A common law marriage is an agreement between a man and woman to live together as husband and wife without being formally married. Only a few states recognize common law marriage today. Michigan has not allowed common law marriage since January 1, 1957. Michigan only recognizes common law marriages that:
- Were entered into in Michigan before January 1, 1957, or
- Were entered into in another state that recognizes common law marriage
If you think you have a common law marriage and want a divorce, consider talking to a lawyer. If you have low income, you may qualify for free legal services. Whether you have low income or not you can use the Guide to Legal Help to find lawyers in your area.
No. Michigan is a “no-fault” divorce state. This means you don’t have to prove cheating, abandonment, cruelty, abuse, or anything else to get a divorce.
The only reason for divorce in Michigan is that “there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.” This means there has been a serious, permanent, marital breakdown. It means it is very unlikely you and your spouse can work things out.
Representing yourself in a divorce case is not easy. Consider talking with a lawyer about your rights and options even if you decide not to hire one.
The more complicated the issues in your divorce are, the more important it may be to have a lawyer. Consider talking to a lawyer if:
- You own real estate;
- You have a pension or retirement account;
- You have children that were born while you were married, but one spouse is not the parent;
- You need spousal support (alimony);
- Your spouse has been emotionally, verbally or physically abusive;
- You and your spouse disagree on one or more major issues in your divorce.
Use the Guide to Legal Help to find a lawyer or legal services in your area.
Your divorce is uncontested if you and your spouse agree on all of the divorce issues or if your spouse doesn’t participate. Usually you can handle an uncontested divorce yourself, but you might need a lawyer if the issues in your case are complicated. A contested divorce means you and your spouse disagree about some of the major issues in your divorce. This could include things like:
- Property or debt division
- Custody or parenting time
- Child support
- Spousal support
If you have a contested divorce, consider talking to a lawyer. If you have low income, you may qualify for free legal services. Use the Guide to Legal Help to find a lawyer or legal services in your area.
No. You don’t have to be separated or living apart to get a divorce.
Start your divorce by filing a:
- Summons
- Complaint for Divorce with Children
- Confidential Case Inventory (if needed)
- Uniform Child Custody Jurisdiction Enforcement Act Affidavit
- Verified Statement
- Application for IV-D Child Support Services (form DHS-1201D)
- Record of Divorce or Annulment (depending on your county)
You must file your case in the circuit court in the county where either you or your spouse has lived for at least the last ten days. You can use the Do-It-Yourself Divorce tool to create the forms you need.
If you file for divorce, you are the Plaintiff and your spouse is the Defendant.
Yes, you can file for divorce if you are pregnant or your spouse is pregnant. You must tell the judge about the pregnancy in your Complaint for Divorce.
The judge may require you to wait for your divorce to become final until after the birth. A judge might do this to make sure the custody, parenting time, and child support provisions in the Judgment of Divorce are complete. Or the judge may sign the Judgment of Divorce but require you to return to court after the birth to add custody, parenting time, and child support provisions to the Judgment of Divorce.
Include all of the minor children that you and your spouse have together, whether biological or adopted. This includes stepchildren who were legally adopted by one spouse. If you or your spouse is expecting a child when the divorce is filed, include information about the pregnancy in your divorce complaint.
If you and your spouse are the opposite sex and a child was born during your marriage who is not the husband's biological child, that child must be included in the complaint for divorce unless there is already a court order revoking the husband's paternity. If there is no order revoking paternity, you can still use the Do-It-Yourself Divorce tool to prepare your divorce forms. You can also use our Do-It-Yourself Revoke Paternity Established by Marriage tool to prepare forms asking the court to revoke the husband's paternity. Revoking paternity can be complicated. Use the Guide to Legal Help to find lawyers and legal services in your area.
In your divorce, there will be decisions that affect children who have both you and your spouse as legal parents.
If you and your spouse are the opposite sex (female and male), children who are included in your divorce are:
- Minor children born or conceived during your marriage,
- Minor stepchildren who were legally adopted by the other spouse, and
- Minor children you and your spouse had together who were born before your marriage, as long as the husband's paternity was established by Affidavit of Parentage or court order
In Michigan, a husband is the legal father of any child born or conceived during the marriage. When a child has a different biological father, either spouse can ask the judge to revoke (undo) the husband's paternity so he is no longer the legal father. To learn more, use the I Need to Revoke Paternity Established by Marriage: Tools for the Mother toolkit or the I Need to Revoke Paternity Established by Marriage: Tools for the Legal/Presumed Father toolkit.
If you and your spouse are the same sex, read Separation and Divorce: an Overview for Same-sex Families to learn which children will be included in your divorce. There are several different ways that legal parentage may have been established in Michigan, depending on many factors discussed in the article. In addition, parentage may have been established in a state other than Michigan in ways that were not/are not available in Michigan.
To learn about serving divorce papers, read How to Serve Divorce Papers.
You must have your spouse served with the divorce papers to give your spouse legal notice that you filed for divorce. If the server has tried to serve your spouse several times without success, or if you can't find out your spouse's address after making real efforts, you can ask the judge for permission to complete service another way. To do this, file a Motion and Verification for Alternate Service.
If the judge allows alternate service, the judge will sign an Order for Alternate Service. Then you can follow the judge’s directions for serving the papers.
Having a spouse on active military duty can complicate your divorce case. It may be difficult to find and serve papers on a service member stationed overseas. There are also state and federal laws that give people on active duty extra protections in civil cases. For example, the court won’t enter a default judgment against an active-duty spouse without first appointing a lawyer for them.
If you are filing for divorce and your spouse is on active military duty, you should consider talking to a lawyer. If you have low income, you may qualify for free legal services. Whether you have low income or not, you can use the Guide to Legal Help to look for lawyers and legal services in your area.
Your spouse can’t stop you from getting a divorce. Michigan is a “no-fault” divorce state. This means you don’t have to prove cheating, abandonment, abuse, or anything else to get divorced.
Even if your spouse shows up in court and says “I don’t want a divorce,” you can get one. If your spouse doesn’t file an answer or participate in the case, you can still get a divorce.
Yes. To get your court fees waived, you must file a Fee Waiver Request. This form tells the court that you can't afford to pay the fees in your case, and it asks for a waiver. You can use the Do-It-Yourself Fee Waiver tool to complete the affidavit.
If your spouse already filed for divorce, go to the toolkit that applies to you: My Spouse Filed for Divorce, and We Have Minor Children or My Spouse Filed for Divorce, and We Do Not Have Minor Children. These toolkits have information about being the Defendant in a divorce case.
You can use the Do-It-Yourself Answer and Counterclaim for Divorce tool to prepare an Answer and Counterclaim.
Questions about What Will Happen During a Divorce Case
It depends. There is a 60 day waiting period if:
- There were no children born during your marriage and
- Neither you nor your spouse is pregnant
There is a six month waiting period if:
- There were children born during your marriage or
- You are pregnant or your spouse is pregnant
The waiting period starts when you file for divorce. The court will require you to wait until the end of the waiting period to enter your judgment of divorce. In a divorce with children, the judge can waive part of the waiting period if your case involves unusual hardship or a compelling need to shorten the waiting period. The judge cannot make the total waiting period less than 60 days. To learn more, read Introduction to Divorce with Minor Children.
The waiting period is the minimum time your divorce will take. If you and your spouse disagree about major issues, it can take much longer than the waiting period to get divorced.
Some things that get decided in a divorce with minor children are:
- That your marriage is dissolved
- Custody, parenting time, and child support
- Division of your marital property and debt
- Whether one spouse should pay spousal support
Yes. You and your spouse can work out your own settlement.
In a divorce with children, the judge will also ask you questions at your final hearing to make sure that the custody and parenting time agreements are in your children’s best interests. For more information on how the court views the best interests of children, read the article The “Best Interests of the Child" Factors.
If you agree to a child support amount, the judge will decide whether to approve it. In general, child support is calculated using the Michigan Child Support Formula. The judge can approve a change from the formula amount only if they determine that applying the formula would be unjust or inappropriate given the facts of your case.
Domestic relations mediation is a process that the court can use to help resolve contested issues in a family law case. The mediator is a neutral person who helps you and the other party work out an agreement in your case. You could be referred to mediation if you agree to it or if the judge orders it. You and the other party will pay the mediator a fee.
Some cases are not appropriate for mediation. Your case might be excused from mediation for any of the following reasons:
- You or the other party have a personal protection order against the other
- Your children have been abused or neglected
- There has been domestic violence in your relationship, unless you both have attorneys at the mediation sessions
- You or the other party is unable to negotiate for themselves at the mediation, unless you both have attorneys at the mediation sessions
- There is reason to believe that the health or safety of one or both of you will be put at risk by mediation
Arbitration is an alternative to trial when the parties have an issue or issues in their case that they don't agree on. Arbitration is a voluntary process. This means that both parties have to agree to go to arbitration, and they must agree on what issue(s) the arbitrator will decide.
Arbitration is different from mediation because the arbitrator’s decisions are binding in the same way that a judge's decisions are binding. The arbitrator is a neutral third party who is trained in making these decisions. Their decisions become part of the final judgment in a court case. The parties pay the arbitrator a fee to hear and decide their case.
It is not against any law to date during your divorce. But, dating could affect some of the issues in your divorce, like custody and parenting time. The judge in your case could also order you and your spouse not to have someone you are dating around your children during your divorce.
You can file a form to dismiss your case any time before the Judgment of Divorce is entered. You can use the Do-It-Yourself Divorce Dismissal tool to prepare this form. However, your case cannot be dismissed if your spouse filed an answer or a motion in your divorce case, unless they agree to dismiss the case and sign the Stipulation to Dismiss on the Dismissal form.
If you dismiss your divorce case and later want to go through with it:
- You must file a new case;
- Your waiting period will start over; and
- Orders from the first case will no longer be valid.
If you are a woman and you changed your last name when you were married, you have the choice of keeping your married name or changing it in your divorce. Your Judgment of Divorce can restore your maiden name or the last name you used before your marriage. Or, the judge can allow you to take a different last name. However, you must not be asking for the name change to commit fraud or for another bad purpose. For example, you can’t change your name to avoid a creditor or hide a criminal record.
The law in Michigan doesn’t work the same way for men. Men aren’t able to change their name automatically when they divorce. Instead, they must go through the process of petitioning the court for a name change. To learn more, see the Name Change toolkit.
If you are a person with a disability and have to go to court, you can ask the court to provide you with an accommodation so you can fully participate in the court activity.
To make your request, use the Do-It-Yourself Request for Accommodations tool and mail or deliver the form to the court administrator in the court where the activity will take place.
You should mail or deliver your Request for Accommodations as early as possible so the court can consider it and arrange for the accommodation(s) if it grants your request. If you don’t file your request before the court activity starts, but the activity is on-going (like a hearing that lasts more than a day), file your request as soon as you can.
Examples of accommodations that may be available are:
- Interpreter for people who are deaf (such as a sign language interpreter)
- Assistive listening device
- Handicap accessibility (such as use of a service animal)
- Other accommodations depending on your need
Each court has an Americans with Disabilities Act (ADA) Coordinator. You can find your court’s ADA Coordinator using the Directories page of the Michigan Courts One Court of Justice website.
If you do not change your last name when you divorce, you may later decide to change your name. In that case, you must go through the process of petitioning the court for a name change. To learn more, see the Name Change toolkit.
You can change your mind about getting divorced, but a lot depends on where you are in the divorce process. Typically, the way to close a case is by filing a dismissal.
If you filed a complaint for divorce, and your spouse has not filed an answer or motion in the case, you can file a dismissal. You can do so without your spouse’s consent. If your spouse has already filed an answer or motion, you can only file a dismissal if your spouse agrees to dismiss the divorce. In that situation, your spouse also must sign the dismissal.
You can use our Do-It-Yourself Divorce Dismissal tool to prepare the form you need.
If you dismiss your divorce case and later want to go through with it:
- You must file a new case;
- Your waiting period will start over; and
- Orders from the first case will no longer be valid.
Questions about Alimony, Property, and Debt in a Divorce
In general, all the property and debt you and your spouse acquired during your marriage gets divided in a divorce. The property and debt division must be fair. This usually means a 50/50 split, where each spouse gets an equal share. But a fair division of property and debt does not always mean a 50/50 split. There may be reasons to divide the property and debt 60/40 or some other way.
During a divorce the parties normally try to reach an agreement on how to divide property and debt. If the parties can’t agree, a judge will decide on a fair division. To decide what is fair in your case, the judge may consider:
- The length of the marriage
- Contributions to the marital estate (Contributions include income and other contributions, like being the primary parent)
- How old each party is
- How each party's health is
- The parties' standard of living
- The needs of each party
- The ability of each party to earn money
- The conduct of the parties leading to the separation
- Fairness
Property one of you had before your marriage can also be divided in some cases to create a fair division. To learn more, read Divorce Basics: Dividing Your Property and Debt.
Separate property is usually not divided as part of a divorce. Separate property includes property that:
- One spouse owned before the marriage
- One spouse receives as an inheritance or gift
Separate property is normally kept by the owner. But, the court can divide separate property in your divorce if:
- The marital property is not enough to support the non-owner spouse and children; or
- The non-owner spouse contributed to getting the property, improving it, or growing it.
To learn more, read Divorce Basics: Dividing Your Property and Debt.
A prenuptial agreement can be enforced if:
- It is in writing and signed by you and your spouse;
- You signed it voluntarily and with full disclosure;
- There was no fraud, mistake, or bullying;
- It was fair when you signed it, and circumstances have not changed enough to make its enforcement unfair.
If you signed a prenuptial agreement and are filing for divorce, consider talking to a lawyer. If you need a lawyer and have low income, you may qualify for free legal help. You can use the Guide to Legal Help to find lawyers and legal services in your area.
Your marital home will be part of the property settlement in your divorce. The decision about ownership of the home will not be determined by who moves out. Instead, the decision will be made when all of the marital property and debts are divided.
Even if you and your spouse agree that you can stay in the home, your spouse will probably want to be paid for their share of the home. If you do stay in your marital home, you will have to figure out how to continue to pay your mortgage after your divorce. Usually when you are awarded property in a divorce, you also become responsible for the debt related to the property.
Sometimes the marital home must be sold because it is too expensive for one person.
Alimony (spousal support) is not common. You and your spouse can agree that you should get spousal support as part of your divorce. However, if you don’t agree, the judge must decide the issue in a trial. When deciding whether to order spousal support, the judge will consider:
- How the parties conducted their marriage and the conduct leading to the breakdown of the marriage
- The length of the marriage
- Whether each party can work
- How much property (and what kind of property) each party is getting in the divorce
- The ages of the parties
- Whether either party can pay spousal support
- The current living situation of the parties
- The needs of each party
- The health of each party
- The prior standard of living of the parties
- Whether either party has other people to support
- What each party has contributed to the joint estate
- Whether either party lives with someone else
- Fairness
To learn more, read Spousal Support (Alimony) in a Nutshell.
In general, the part of a pension or retirement plan that is accrued during a marriage is marital property. The nonemployee spouse is entitled to a share of that part. One way of dividing this asset is to give the nonemployee spouse different assets equal to their interest in the retirement benefit.
No. Although Michigan law requires parents to provide health insurance for their children, there are no such laws for a spouse. However, the court may require your spouse to maintain your health insurance during the divorce process.
Additionally, under COBRA (a federal law) your spouse's employer must allow you to be covered by its health insurer for three years after your divorce. However, you must pay the premiums, which will probably be more expensive than when you were covered as a spouse. Also, COBRA doesn’t apply to very small companies (those that have less than 20 employees).
No. Quitclaim deeds are used to transfer real property, such as houses and land. Cars and mobile homes are not real property.
Cars and mobile homes are properties that use titles to transfer ownership, not deeds. Neither your Judgment of Divorce nor the judge will transfer a title for you. You and your spouse must sign and file the paperwork with the Secretary of State to transfer title to a car or mobile home.
You need a new deed to transfer real estate after your divorce if your name and your ex-spouse’s name are both on the current deed. You also need a new deed if the current deed is not in the name of the person keeping the property.
It is possible for a Judgment of Divorce to transfer the property. After a divorce, ex-spouses usually use a deed to transfer property so that the Judgment of Divorce is not part of the property records that anyone can search. But if your ex-spouse does not complete their part of the quitclaim deed, you can transfer the property by recording your Judgment of Divorce at the Register of Deeds.
No. The judge will not change the names on a deed for you. You have to prepare and complete a quitclaim deed and record it with the Register of Deeds.
You can use a quitclaim deed or a warranty deed to transfer your property. Unlike warranty deeds, quitclaim deeds do not make any guarantees about the property title. With a quitclaim deed, the person selling or giving up the property is not responsible for any title defects.
It is common to use a quitclaim deed to transfer property after a divorce because people who have been married are likely to know about the property they are getting and if there is clear title. If you have concerns about title, you may want to consider using a warranty deed instead and doing a title search.
To learn more about the difference between quitclaim deeds and warranty deeds, read the article Quitclaim Deeds and Divorce.
If your ex-spouse does not sign the quitclaim deed or give it to you so you can record it, you have two options. You can file a motion asking the judge to enforce the Judgment of Divorce, and the judge can order your ex-spouse to prepare a quitclaim deed. Or you can file a motion to show cause. If you do this, the judge may find that your ex-spouse is in contempt of court and require them to pay a fine or spend time in jail for disobeying the judgment. To learn more, read Post-Divorce Judgment Issues – Property and Spousal Support.
If you don’t want to go back to court, you can take your Judgment of Divorce to the Register of Deeds and record it instead of the quitclaim deed. If you do this, anyone searching the title to the property will be able to see your entire Judgment of Divorce.
No. A quitclaim deed will not change who is responsible for the mortgage. The person keeping the property will need to refinance the mortgage in their name alone. However, this may not be possible if the property is worth less than the amount of the mortgage, if the person keeping the property has bad credit, or for other reasons.
If you are the person transferring your property to your ex-spouse, you must sign the quitclaim deed in front of a notary. Then give the deed to your ex-spouse. Your ex-spouse will need to sign the deed and take it to be recorded at the Register of Deeds.
A notary can usually be found at a bank or the court clerk's office.
If you or your ex-spouse prepared a quitclaim deed using the Do-It-Yourself Quitclaim Deed (after Divorce) tool, detailed instructions will print out with the deed.
No. Quitclaim deeds are used to transfer real property, such as houses and land. Cars and mobile homes are not real property.
Cars and mobile homes are properties that use titles to transfer ownership, not deeds. Neither your Judgment of Divorce nor the judge will transfer a title for you. You and your spouse must sign and file the paperwork with the Secretary of State to transfer title to a car or mobile home.
Questions about Custody, Child Support, and Parenting Time
If you have legal custody, you have the right to make important decisions about your children. If you have physical custody, your children will live with you at least some of the time. Sole custody means that only one parent has custody. Joint custody means the parents share custody.
Both legal and physical custody can be awarded to just one parent (sole custody) or to both parents (joint custody). If you and the other parent have joint legal custody, you must cooperate and agree on major decisions that affect your kids. If you and the other parent have joint physical custody, your children will live with each of you for set periods of time.
If there has never been a custody order for the child before and the parents don't agree on custody, the court will first decide whether an established custodial environment exists with either parent and determine the proper burden of proof. The burden of proof is applied to the Child Custody Act’s “best interests of the child” factors. The judge will look at all the facts in your case to make a decision. To learn more about child custody, read the articles Custody and Parenting Time and The “Best Interests of the Child” Factors.
Parenting time (visitation) may be given to a parent who doesn’t have physical custody of the child. A parenting time schedule may also be used to explain the child’s living arrangements for parents with joint physical custody.
If both parents agree on a parenting time schedule, the judge will normally approve the agreement. If the parents can’t agree, the court will award parenting time based on the “best interests of the child” factors.
In most cases it is in the best interests of a child to be close with both parents. A child also has the right to parenting time with a non-custodial parent, unless there is clear and convincing evidence that the parenting time would put the child's physical, mental, or emotional health in danger. The amount and type of parenting time must encourage a strong relationship between the child and parent.
Supervised parenting time is where children spend time with a parent, supervised by another adult. A judge may order supervised parenting time if a parent is not responsible or is a risk to the children.
The supervisor could be a grandparent, other relative, friend, or other court-appointed supervisor. If a parent is a threat or danger to the other parent but not to the children, a judge may still order supervised parenting time. Or, a judge may allow unsupervised parenting time but require that pick-up and drop-off be supervised or done by a third party.
You can use the MiChildSupport Calculator on the Michigan Department of Health and Human Services website to find out what the support amount might be in your case.
Every case is different. Child support includes a base support amount. It can also include money for health care and child care costs. The amount of support comes from the Michigan Child Support Formula (MCSF). The formula is based on factors such as:
- The parents’ incomes
- The number of children
- Child care costs
- Health care costs
- The number of parenting time overnights the children have with each parent
The court must follow the MCSF unless it would be unfair or inappropriate to follow it. For more information about child support, read Child Support in a Nutshell.
Maybe. The court may order support for a child who is between 18 and 19½ if:
- The child is a full-time high school student and regularly attends school;
- The child has a reasonable expectation of graduating;
- The child lives full-time with the person getting child support, or at an institution.
The child support order must include a specific end date for support, regardless of the child’s actual graduation date.
In Michigan, a husband is the legal father of any child conceived or born during the marriage. When a child has a different biological father, the husband and wife may agree that they want the husband to continue as the legal father after their divorce. However, one or both spouses may want to ask the judge to revoke (undo) the husband's paternity so he is no longer the legal father.
To ask the judge to revoke the husband's paternity, either the husband, wife, or biological father may file a Motion to Determine Child Born Out of Wedlock as part of the divorce case. You can use the Do-It-Yourself Revoke Paternity Established by Marriage tool to prepare the forms you need to do this.
If no one files this motion, the husband will continue to be the legal father. This means the judge may award the husband custody or parenting time and may order him to pay child support. You can wait to file the motion until after the divorce is final, but the judge may be less likely to revoke paternity when the child is older. To learn more about revoking paternity, use the I Need to Revoke Paternity Established by Marriage: Tools for the Mother toolkit or the I Need to Revoke Paternity Established by Marriage: Tools for the Legal/Presumed Father toolkit.
The Friend of the Court (FOC) is part of the family division of the circuit court. The FOC helps the court in cases involving custody, parenting time, and child support. Some of the duties the FOC performs are:
- Investigating and issuing recommendations about custody, parenting time, and child support
- Helping the parties settle disputes during and after their case
- Providing enforcement services on existing custody, parenting time, and support orders
To learn more, read Friend of the Court Overview.
If a Friend of the Court (FOC) referee issues a recommendation in your case and you do not file an objection within 21 days after you are served, the recommendation can become an order. However, the judge is not bound by a FOC recommendation and can choose not to make it an order.
You may be able to opt out of FOC services in your case if both you and the other party agree to opt out.
To learn more, read Friend of the Court Overview.
Most likely. The court may order one or both parents to provide health insurance for the children. The court will also require each parent to keep the Friend of the Court informed of health care coverage that is available as a benefit of employment, or that either party buys directly from an insurer.
If you fear the other parent might take your children out of the country, file a motion asking the court to hold your children’s passports. If your children don’t have passports, contact the U.S. State Department to put an alert on your children’s names. If the other parent plans to get passports to travel out of the country with your children, the State Department will give you advanced warning.
Children with dual citizenship may be able to travel on a passport from the other country. The State Department can’t regulate passports from another country. Contact that country’s embassy or consulate to ask if they have a similar program.
But if the other parent has sole legal custody and has filed a motion asking the court for permission to move out of the country permanently, the court may grant that motion. See the article Responding to a Motion to Change Domicile for more information.
Child support is a parent’s court-ordered payment to help with the costs of raising a child. Child support can be orderd in any family court case involving minor children and their parents, such as a divorce case or a custody case. To learn more, read Child Support in a Nutshell.
Child support normally stops when a child turns 18. However, a court may order support for a child who is between 18 and 19 ½ if the child:
- Attends high school full-time,
- Has a reasonable expectation of graduating, and
- Lives full-time with the parent who gets child support or at an institution
Yes. Children have the legal right to be financially supported by both parents. A parent can’t avoid paying child support by giving up custody or parenting time rights.
Even if you voluntarily gave up your parental rights, or if your parental rights were involuntarily terminated, it is possible that you would still be required to pay child support.
No. Parenting time can't be limited to enforce child support.
A Uniform Child Support Order (UCSO) is a court order that shows how much child support a parent must pay. The UCSO requires the payer to pay a monthly amount for child support. The monthly amount can include:
- Base support,
- Medical costs, and
- Child care costs
To learn more, read Child Support in a Nutshell.
Every child support order should include an amount for ordinary medical expenses. Ordinary medical expenses are costs for things not covered by insurance. Examples of these expenses are co-pays for office visits or prescriptions. Ordinary medical expenses don’t include things like vitamins, first aid supplies, or over-the-counter medicine.
Uninsured health care expenses in a calendar year that exceed the ordinary medical amount are called additional medical expenses. The parent who receives child support must provide proof of both the ordinary and additional medical expenses to ask the other parent to pay their percentage of additional medical expenses. This percentage should be filled in on the second page of the Uniform Child Support Order.
A child support order states how additional medical expenses get paid. These are costs for some of the things not covered by insurance. They are costs that exceed the ordinary medical expenses in a calendar year.
Usually each parent is ordered to pay a percentage of the additional medical expenses. The percentages are based on income. The parent who gets paid child support must document the expenses. The other parent can then be asked to pay their share.
In general, the Michigan State Disbursement Unit (MiSDU) collects and pays out child support payments. In most cases, child support payments are automatically taken from the payer’s wages through income withholding. MiSDU then forwards the payments to the payee. Both the payer and the payee get a copy of the income withholding order if support is paid this way.
Sometimes income withholding is not possible because the payer is self-employed or for other reasons. Then the payer must make payments directly to MiSDU. Sometimes the parties agree to a different payment arrangement. However, if payments are not made through MiSDU, the payer won’t automatically get credit for the payments. The payee must let the Friend of the Court know they received the payments.
Child support orders can be enforced whether the order is ex parte, temporary, final, or a modification of a previous order. Enforcement methods include:
- Withholding income from a payer’s wages
- Placing liens on real or personal property
- Garnishing state and federal tax refunds
- Suspending driving, occupational, sporting, and recreational licenses
- Court proceedings to hold the payer in contempt of court
Some of these methods may only be used for collecting past due support payments.
If child support payments are not made, the other parent or the court can schedule a hearing to show cause. The Friend of the Court (FOC) starts most actions to enforce support. If the court finds that the payer could pay some or all of the amount owed, the payer can be held in contempt of court. Penalties for contempt include any of the enforcement methods listed above as well as fines and jail time.
Imputed income is an amount of money that a judge decides a parent can earn. It is not the amount the parent actually earns.
The judge may impute income if a parent is voluntarily unemployed or takes a voluntary pay cut. The amount of child support is then based on imputed rather than actual income.
Yes. When a custodial parent lives apart from the other parent, and the custodial parent and/or the child gets public assistance, the Michigan Department of Health and Human Services (MDHHS) will probably seek a child support order. The child support you pay may go to the state instead of the other parent to help reimburse the state for the public assistance. Child support can’t be waived by the custodial parent in these cases.
Maybe. If you receive SSD, your dependent children may be able to get SSD dependent benefits. Consider applying for SSD dependent benefits on behalf of your children. How much your children get depends on your earnings record. The court will count your children’s SSD benefits towards payment of your child support obligation. The court may also order you to pay some additional child support. Usually, you will only be ordered to pay additional money if the dependent benefit your children get is less than the amount of child support that should be paid.
If your children start getting dependent benefits after the initial child support order is entered, you can file a motion to change child support to make sure you are being credited for the benefits.
It depends. If your only income is SSI, you can’t be required to pay child support. The Michigan Child Support Formula specifically says that SSI is not counted as income. Tell the judge if you get SSI. Get a statement from the Social Security Administration stating that you get SSI and bring it to court. If you were ordered to pay child support before you started getting SSI, you can file a motion to have it changed. Use the Do-It-Yourself Motion to Change or Get Child Support tool to prepare a motion.
Yes. A child support order can normally be changed until the child turns 18 (or 19½ when child support is ordered to that age). There are two ways you can ask for a change in child support. You can ask the Friend of the Court (FOC) to review your child support order. If the Friend of the Court thinks there is a reason to change support, it will ask the judge to change the order. You can also file a motion asking the judge to change the order. You can use our Do-It-Yourself Motion to Change or Get Child Support tool to do this.
If your child gets public benefits, the Friend of the Court will automatically review your support order once every 36 months. You also have the right to ask for a review once every 36 months. But you can ask more often if you can show that either parents' income or costs have changed since the court issued the current support order.
Either parent can file a motion to ask the court to change an existing child support order. You can use the Do-It-Yourself Motion to Change or Get Child Support tool to prepare your motion. Examples of when you might file a motion are:
- When the parents informally change custody arrangements
- When either parent’s income changes
Child support isn’t automatically changed when parents change custody arrangements. The support amount is as stated in the most recent order until someone files a Motion Regarding Support and the judge signs an order changing the amount.
Past due child support amounts can't be retroactively modified. This means the court can’t change the amount of a child support payment after that payment is due. For this reason, it is important to file as quickly as possible if there is a reason to change child support.
To learn more about filing a motion to change child support, read Getting or Changing a Child Support Order.
Yes. A child custody order is not set in stone. If you want to change your custody order, you can file a Motion Regarding Custody.
Changing a custody order can be harder than getting the first custody order. The parent asking for the change must prove that there is a proper cause or change in circumstances for the judge to reconsider custody. Then, that parent must convince the judge that it is in the best interests of the child to change custody. To learn more, read Changing a Custody Order.
Convincing the judge to change custody can be hard to do, so you may want to talk to a lawyer. If you need a lawyer and have low income, you may qualify for free legal help. Use the Guide to Legal Help to find lawyers or legal services near you.
Yes, if you are moving out of Michigan. You also need the judge’s permission to move your child’s residence more than 100 miles from where the child lived at the start of your custody case, unless:
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You have sole legal custody;
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The other parent agrees to the move;
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You and the other parent already lived more than 100 miles apart when the case started; or
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Your proposed move will actually bring your home closer to where the other parent lives.
No. But if you are involved in a family law case and want to move, you should consider talking to a lawyer first. You may complicate your family law case if you move and disrupt the other parent’s ability to see your child, or if you move out of Michigan.
After there is a custody order, your child can’t be moved out of Michigan without the judge’s permission. A parent also needs the judge’s permission to move within Michigan if the move is more than 100 miles from where the child lived at the start of the family law case, unless:
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The moving parent has sole legal custody;
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You agree to the move;
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You and the other parent already live more than 100 miles apart; or
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The proposed move would bring your homes closer together.
The parent who wants to move the child’s residence must ask the judge’s permission before moving. This is true unless a parent needs to move to a safe place to get away from domestic violence. If that happens, the moving parent must get the judge’s permission for the move, but it can be done after moving.
No. If there is no custody order and you are worried the other parent may be planning to move, consider talking to a lawyer. You may want to get a custody and parenting time order so your ability to see your child doesn’t change. Your family law case may be more complicated if your child is moved from Michigan before it is finished.
When your child is born, you can file a Motion or Complaint to Determine Child Born Out of Wedlock. To ask the judge to revoke (undo) your husband’s status as legal father, either you, your husband, or the biological father must file this motion or complaint. Otherwise, your husband will be your child’s legal father, and the biological father will not have any parental rights or responsibilities.
You can use the Do-It-Yourself Revoke Paternity Established by Marriage tool to prepare the forms you need to ask the judge to revoke your husband's paternity.
If someone other than your husband is the father of your child, you may want to file a Motion or Complaint to Determine Child Born Out of Wedlock. To ask the judge to revoke (undo) your husband’s status as legal father, either you, your husband, or the biological father must file this motion or complaint. Otherwise, your husband will continue to be your child’s legal father, and the biological father will not have any parental rights or responsibilities.
You can use the Do-It-Yourself Revoke Paternity Established by Marriage tool to prepare the forms you need to ask the judge to revoke your husband's paternity.
Questions about Domestic Violence and Divorce
Domestic violence is serious and can impact the issues in your family law case. If the other party has been verbally, emotionally, or physically abusive, consider talking to a lawyer. If you have low income, you may qualify for free legal services. Whether you have low income or not, you can use the Guide to Legal Help to find lawyers in your area.
If the other party in your case has a court order giving them parenting time, you must follow the order. You must do this unless:
- The judge changes the order, or
- Another court order prohibits parenting time (such as a Personal Protection Order)
You can prepare a motion asking the judge to change parenting time using the Do-It-Yourself Motion to Change Parenting Time tool. You can prepare a Petition for Personal Protection Order using our Do-It-Yourself Personal Protection Order (PPO) tool.
Yes. Domestic violence is serious. It is one of 12 factors the judge must consider when making custody and parenting time decisions. However, the judge might not necessarily give special weight to the domestic violence factor.
If your child's other parent has abused you, it may be a good idea to hire a lawyer. If you have low income, you may qualify for free legal services. Whether you have low income or not, use the Guide to Legal Help to find lawyers and legal services in your area.
Yes. Domestic violence is one of 12 factors the judge must consider when making custody and parenting time decisions. This is true even if:
- The violence was not directed at the children; and
- The children did not witness the abuse.
Children can be harmed by domestic violence even if it’s not directed against them.
The court can consider domestic violence even if your children didn’t witness it.
It is possible for the judge to award joint custody if the other parent abused you. The judge must consider joint custody if either parent asks for it. There are 12 factors the judge must look at to decide what custody arrangement is in your child's best interests. Domestic violence is just one of those factors.
The judge must also decide whether you and the other parent can make parenting decisions together. If your spouse has been abusive, this may be harder to do.
If the other parent abused you, it may be a good idea to get help from a lawyer. If you have low income, you may qualify for free legal services. Whether or not you have low income, use the Guide to Legal Help to find lawyers and legal services in your area.
Your children most likely have a bond with their other parent. This may be true even if the other parent has been violent towards you. Think about what type of parenting time is best under all of the circumstances – not just based on how your children feel.
If there is a court order for unsupervised parenting time, you must follow it. You must do this unless the judge changes it or another court order prohibits it. If you think unsupervised visitation isn’t safe, consider talking to a lawyer.
If you need a lawyer and have low income, you may qualify for free legal help. You can use the Guide to Legal Help to look for legal help in your area. Your local domestic violence shelter may also be able to help you find a lawyer.
It depends. If you feel safe working out the parenting time schedule with the other parent, it’s probably okay to have a flexible schedule. Otherwise, you may need a specific schedule.
Consider asking for supervised parenting time if:
- You're worried about your safety;
- You're worried about your children’s safety; or
- The other parent has threatened to keep your children from you.
The court will appoint the supervisor, but you may want to provide ideas for possible supervisors. Examples include:
- A visitation center
- A domestic violence agency
- A grandparent
- Another relative
- A friend
Parenting time may also be safer for you if you exchange your children in a public place.
Under Michigan law, parental kidnapping is a felony. But it only applies to a parent who takes or keeps their child from the other parent in violation of a valid custody or parenting time order. It is not parental kidnapping for you to take your child with you to a domestic violence shelter if there is no custody order.
Even if there is a custody order, you can move to a safe place with your child to get away from the threat of domestic violence. However, you may need to get the judge's approval to change your child's residence. For more information, read the Articles and Common Questions in the I Need to Move with My Children toolkit.
It could. Michigan is a “no fault” divorce state, which means you don’t have to prove your spouse did something wrong to get a divorce. But the judge can consider fault to decide how to divide your property and debt.
It could. Michigan is a “no fault” divorce state, which means you don’t have to prove your spouse did something wrong to get a divorce. However, the judge can still consider fault to decide whether to award spousal support.
Mediation can be helpful when the parties have equal power. Both parties must be able to say what they want, without being afraid or pressured.
Threats and control are common in relationships where one person is abusive. If the abuser is used to being in charge and making all the decisions, mediation probably won’t work well.
Mediation may be even more of a problem if the other party abused you and you don’t have a lawyer. If you have low income, you may qualify for free legal services. Whether you have low income or not, you can use the Guide to Legal Help to find lawyers in your area.
No. A PPO can’t be used to award custody of children. In some situations your PPO can limit or prohibit contact between the abuser and your children. The judge may order this if they think it is important for your safety or your children’s safety.