| Chief of Paternity / Child Support: | Joe Mancini |
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This department of the Prosecutor’s Office is funded by the federal, state, and county governments to obtain jurisdiction over absent parents, and to establish paternity and support obligations against them. We are located at 10 North Main Street on the 3rd floor in Mount Clemens, MI. Please note that appointments are necessary to speak with our Paternity / Child Support specialist. To make an appointment call (586) 469-7332.
The Paternity Act provides authority and procedures to establish paternity for children born out of wedlock. When paternity is in dispute, Court orders for genetic DNA testing are obtained and that paternity testing is completed. After paternity is legally established, an appropriate support order is entered.
The Family Support Act is used to obtain a support order for children whose parentage has previously been established, either through acknowledgement by the parents or the marital status of the parents.
The Uniform Interstate Family Support Act is used in situations where the minor child and absent parent live in different states or countries. In some of these cases the child is a Michigan resident; in others, another state's court requests our efforts in locating a Michigan absent parent for their state's resident. Orders for paternity and for support can be obtained under UIFSA.
Although most custodians who file cases are parents, the Prosecutor's Office also represents guardians and children in the Foster Care program to obtain paternity and support orders.
Contact the Michigan Department of Human Services at 866-661-0005 to request a referral to this office to start a case.
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PATERNITY
What is the Prosecutor's role in establishing paternity in Michigan? After a referral from the Macomb County office of the Michigan Department of Human Services ("DHS") [formerly known as the Family Independence Agency, or FIA, and before that the Department of Social Services, or DSS], the Prosecuting Attorney's office interviews the custodial parent and files a complaint in Circuit Court. The non-custodial parent is served with a copy of the complaint, and notice of a hearing date in Circuit Court. The Prosecuting Attorney's office schedules court appearances and arranges for blood draws from the parties. Finally, if paternity is established, the Prosecuting Attorney will prepare the Order for Paternity that is entered in Circuit Court.
Whom do I contact at the Macomb County Prosecutor's Office? Please call a Paternity and Child Support Specialist at (586) 469-7332.
What is paternity? Paternity means "fatherhood". The term "establishing paternity" means making the biological father of a child born out of wedlock the legal father as well.
Why is it important to establish paternity? The parents and the child have the right to have a parent-child relationship. Establishing paternity gives a child born outside of marriage the same legal rights as a child born to married parents. Other reasons include:
- Identity: It is important to know who we are. Children who know both parents develop a sense of "belonging". Children may also benefit by knowing their family’s biological, cultural, and medical history. Money: The law requires both parents to support their children, even if the pregnancy was unplanned. Children supported by just one parent often do not have enough money for their needs. Benefits: The child has the right to its parents' benefits (social security, insurance, inheritance, veterans', etc.).
- Medical: The child may need a complete medical history from the families of both parents, including inherited health problems.
How is legal paternity established?
- If the mother is married when the baby is born, her husband is considered by law to be the father, unless a court says otherwise. If the mother has been divorced or widowed for less than ten months, her husband at the time of conception is considered by law to be the father. If the mother is married at the time of conception or birth, but her husband is not the biological father of the child, a voluntary Affidavit of Parentage is not allowed unless a court has already determined that the husband is not the biological father.
- If the mother is not married at the time of conception or birth, paternity can be established by (i) both parents signing a voluntary Affidavit of Parentage that is filed with the Michigan Department of Community Health's Office of the State Registrar, or (ii) a judge can declare that a man is the legal father after a hearing or default.
Both parents must sign papers acknowledging paternity. The Affidavit of Parentage must be notarized and filed with the Michigan Department of Community Health's Office of the State Registrar. Before signing the form in the presence of a notary public, the father must provide pictured identification and his social security number (plus other identification, if necessary).
Is there a fee for filing the Affidavit of Parentage? No. However, certified copies of the Affidavit of Parentage are available from the Central Registry for $13.00 (additional copies are $4.00 each).
What if the father refuses to acknowledge paternity? The mother (or the Michigan Department of Human Services, if the child is receiving public assistance such as Aid to Dependent Children) may bring a paternity suit to have the matter resolved in court. The alleged father is entitled to a hearing in Circuit Court to prove whether he is the father. [NOTE: DHS used to be called the Family Independence Agency, or "FIA", and before that was called the Department of Social Services, or "DSS".]
What if the mother is not sure who her child's father is? The mother should call a DHS Support Specialist, toll-free at (866) 540-0008, who will help her to identify and locate (if necessary) the father free of charge. The mother does not have to be on public assistance to seek help from a DHS Support Specialist.
When is a blood test necessary? How is a paternity blood test done? A blood test is needed when the alleged father denies or questions paternity. If blood testing is ordered by the Circuit Court, the mother, child and alleged father will be scheduled for a joint blood drawing in the area. (In Macomb County, most cases do not involve withdrawal of actual blood samples. Rather, swabs are rubbed inside the mouth, which painlessly capture skin cells containing DNA.) The samples are taken from the mother, child and alleged father and are tested at a laboratory. The tests compare many different and complex details of the child's blood with similar details in the mother's and alleged father's blood.
What does paternity blood testing show? The tests can accurately show that a man is not the father of the child, or a percentage of likelihood that he is the father (e.g., 99.48% probability). Because of its accuracy, the blood test result generally settles the issue, so contested paternity trials are rare.
Who pays for the blood tests? The court will decide who pays. In many cases, the alleged father is ordered to pay.
What happens if the mother or father is not 18? In Michigan, the mother's or father's age is irrelevant.
How long after the child is born can paternity be established? Both Michigan and federal laws permit paternity actions to be started anytime before the child reaches the age of 18. But, you should not wait to establish paternity. Your child has the right to expect regular and continued emotional and financial support from both parents. Give your child the best possible chance in life by getting paternity established now!
When can the father's name be put on the birth certificate? If the mother is married, her husband's name will be recorded on the birth certificate. In other circumstances:
- if the mother has been divorced or widowed for less than ten months, her husband at the time of conception will be named on the birth certificate, or
- if the mother was not married at the time of conception or birth, the father's name can be placed on the birth certificate if an Affidavit of Parentage has been signed and notarized.
If the parents decide to voluntarily acknowledge paternity, what other steps must be taken? Beside filing the notarized Affidavit of Parentage with the Michigan Department of Community Health's Office of the State Registrar, the parents should try to agree on issues of child support, parenting time ("visitation") and custody. If the parents cannot agree, then they must get a court order.
In Macomb County, child custody and visitation issues are decided after the paternity order is entered. Other counties may handle the timing of custody and visitation orders differently.
SUPPORT
A support order means any order entered by the Circuit Court which requires the payment of money for child support, spousal support (alimony), medical, dental and other health care expenses, child care expenses, and educational expenses.
How do I get a court order for child support? A petition requesting an Order of Support must be filed in the Circuit Court. If both parties (and the Judge) agree on the amount, an order can be quickly entered. If the parties cannot agree, you can consult with a private lawyer, or contact the Family Independence Agency to talk to a Support Specialist for free help. (You do not have to be on public assistance to seek help from the Support Specialist.) The DHS can refer a support case to the Prosecuting Attorney, who can file an action in Circuit Court under the Family Support Act.
Lansing Department of Human Services
Office of Child Support Operations - Lansing
P.O. Box 30750
Lansing, MI 48909-8250
(866) 540-0008 (toll free number)
Detroit Department of Human Services
Office of Child Support Operations - Southeast
Box 02991
Detroit, MI 48202-2991
(866) 661-0005 (toll free number)
Contact one of these locations to inquire about child support services (i.e., establishing paternity, child support orders, etc). DHS no longer has contact persons in their local county offices.
Once the support order has been entered, if the parents get back together and decide to end the family support order, they must contact their private lawyer or the Friend of the Court to stop the support order. It is not sufficient to just notify a Department of Human Services case worker.
How is child support determined?
Child support is set by a formula in the
Michigan Child Support Guidelines. (You may want to download the
Michigan Child Support Guidelines Manual, a 250kb PDF file.) This formula considers both parents'
income, the number of children and their custodial arrangements. The baby's medical costs may also be
included in the child support order.
Will the Prosecutor help me collect child support? No. The Friend of the Court is responsible for enforcing payment orders and collecting delinquencies (although you may also hire a private attorney to file an enforcement action).
The parent responsible for paying support has stopped paying. What can be done? The Friend of the Court is responsible for enforcing payment orders and collecting delinquencies (although you may also hire a private attorney to file an enforcement action). There are several options: income withholding orders, show cause hearings (civil contempt hearings held with the Judge who issued the support order), tax refund intercepts, and liens on the payor's property are the most common methods used.
NOTE: Visitation and support orders are separate orders of the Court, with separate enforcement procedures. If you are not being paid the support monies to which you believe you are entitled, you may not withhold parenting time ("visitation") from the delinquent parent.
I cannot find the non-paying parent. Are there free Internet sites that may assist my search? Yes! The Michigan Department of Human Services' web site has a good list of parent locator services.
The parent responsible for paying support has moved to another state. What do I do? The parent responsible for paying child support must continue to pay support through the Friend of the Court, even if he or she leaves the State of Michigan. If child support payments stop, the parent who is owed the money has several options:
- Contact a private lawyer or the Family Independence Agency to request an action under the Uniform Interstate Family Support Act (UIFSA); a UIFSA order establishes a support order in the state where the non-custodial parent lives. Bring copies of all court orders involving the parents, plus the full name, date of birth, social security number, and last known address of the person who owes support money. The FIA will send a referral to the Prosecuting Attorney to start a UIFSA action. If the missing parent's whereabouts are unknown, the FIA or the Prosecuting Attorney may be able to help find him or her. Once the state in which the non-custodial parent lives enters its support order, authorities in that state are responsible for its enforcement. Each state has control within its own borders, and a support order established in the other state under UIFSA does not affect the amount owed under the Michigan order. A delinquent payor who returns to Michigan can be brought before a Michigan court for failure to pay under the Michigan order. Register the Michigan order in the other state where the paying parent lives. (The Friend of the Court or a private lawyer can help do this.) Once registered, it becomes an order of that state's court, and is enforced by that other state. [NOTE: In some states, registering the support order requires registering the custody and visitation orders, which will give the other state's court the power to change the terms of the support, custody or visitation orders, if asked.]
- Request the Friend of the Court to arrange for the Michigan court to send an interstate income withholding order, if the name and address of the payer's source of income are known. The FOC can then begin an interstate income withholding action.
Check out the Michigan Department of Human Services' Child Support page, You will find answers to common support questions, plus information on and links to the Michigan Child Support Guidelines and Child Support Formula Manual.
Are there other web sites with child support information?
Visit Michigan's Most Wanted Non-supporting Parents!
Check out the Federal Administration for Children and Families,
the Federal Office of Child Support Enforcement,
the Association for Children for Enforcement of Support,
the Mothers Against Fathers in Arrears,
and the International Child Support web sites.
Visit our Downloads page, too. We have posted some child support and parenting time documents.
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PARENTING TIME
("Visitation")
Are there different kinds of custody?
Yes. The most common types of custody are Joint Custody [where the child lives with one parent part of the time and with the other parent part of the time and/or parents both share in making decisions on important issues dealing with the child] and Sole Custody [where the child lives with one parent and that parent is responsible for making decisions on important issues dealing with the child].
What is the Prosecutor's role in issues of custody and parenting time ("visitation")? After a case is filed in Circuit Court and a temporary support order is signed by the Judge, the Prosecuting Attorney's office will refer the matter to the Friend of the Court's office for a formal recommendation on custody, support and parenting time ("visitation").
The Prosecuting Attorney does not appear in court on custody or parenting time ("visitation") issues or disputes. If you need help because you are being denied parenting time, you may contact the Friend of the Court for assistance once a judgment has been issued by a Circuit Court Judge, or you may seek the assistance of a private attorney who specializes in family law. If you believe that the other parent has "kidnapped" your child, contact the police. They will conduct an investigation and possibly refer the case to the Prosecuting Attorney to decide whether a crime has occurred requiring prosecution.
How do I get an order for custody?
A petition must be filed requesting the court to grant you custody of your child(ren). If both parties agree and sign an agreement (called a Stipulation and Consent Agreement), that will be entered as a custody order (if the Judge approves the terms, too).
How do I change an existing custody order?
A custody order can be changed by filing a petition to modify the custody order --- or the parents can sign a written agreement, which the Judge can approve and enter.
We can't agree on custody issues. Can the Court help us reach an agreement?
The Friend of the Court will provide domestic relations "mediation" to help resolve disagreements over the terms of custody. Mediation is a voluntary process where a neutral third party assists in settling disputes. If the parties cannot agree on the terms of custody --- or if mediation does not resolve disputes --- the FOC will conduct an investigation and file a written report and recommendation with the Circuit Court based on factors listed in the Michigan Child Custody Act. The parents will get copies of the report and recommendation. A court hearing will follow before the Judge decides what to do about custody.
Do I need an attorney to get a custody order?
You do not have to have an attorney in order to file for a custody order, but it is a good idea because there are many complicated legal issues involved. Neither the Prosecuting Attorney nor the Friend of the Court can act as your legal counsel, or file a custody petition for you.
How do I get an order for parenting time ("visitation")?
File a petition requesting that the court grant you visitation time with your child(ren). If both parties (and the Judge) agree and sign an agreement, that will be entered as a visitation order. A visitation order can be changed by filing a petition to modify the order --- or the parents can sign a written agreement, which the Judge can approve and enter. The Friend of the Court will provide domestic relations "mediation" to help resolve disagreements over the terms of parenting time. If the parties cannot agree on the terms of parenting time --- or if mediation does not resolve disputes --- the Friend of the Court will conduct an investigation and file a written report and recommendation with the Circuit Court, based on factors listed in the Michigan Child Custody Act. The parents will get copies of the report and recommendation. A court hearing will follow before the Judge decides what to do about custody. The Child Custody Act states that visitation shall be granted in accordance with the "best interests of the children". A child has a right to parenting time with the non-custodial parent unless the Judge rules by clear and convincing evidence that the visitation would endanger the child's physical, mental or emotional health.
I am being denied visitation. What can be done?
First, contact your attorney (if you hired one to assist you getting the custody order). Otherwise, file a written complaint with your county's Friend of the Court, requesting that the FOC take action to enforce the order. Include specific facts, dates, times, etc., and the reasons given for the alleged denial of visitation. If the Friend of the Court has reason to believe that the Parenting Time order has been violated, the office may (1) meet with the parties to try to resolve the disagreements, (2) refer the dispute to a mediator, (3) apply the office's local make-up visitation policy, (4) begin a civil contempt proceeding with the Court by filing a petition for a show cause order, and/or (5) petition the Court to change the existing Parenting Time order.
Does the Prosecuting Attorney or the Friend of the Court have a responsibility to investigate alleged abuse and/or neglect of a child?
Allegations of child abuse or neglect should be reported to the Protective Services unit of your county's Michigan Department of Human Services (formerly known as the Family Independence Agency, or FIA). The DHS offices in Macomb County are located at:
| Macomb County DHS - Central Administration 19700 Hall Rd., Ste. A Clinton Township MI 48038-1478 (586) 412-6100 |
Macomb County DHS - Mt Clemens District 21885 Dunham Rd. Clinton Township MI 48036 (586) 469-7700 |
| Macomb County DHS - Sterling Heights District 44600 Delco Blvd. Sterling Heights MI 48313 (586) 254-1500 |
Macomb County DHS - Warren District 27690 Van Dyke Avenue Warren MI 48093 (586) 427-0600 |
If the FIA investigation determines that abuse or neglect has occurred, the Prosecuting Attorney may be asked to assist FIA in filing a neglect petition in the Family Division of Circuit Court. The Friend of the Court must conduct an investigation when a party files a visitation or custody petition; allegations of abuse or neglect should be communicated to the Friend of the Court during this investigation.
Are there other web sites with parenting time information?
- Visit Michigan's Friend of the Court / SCAO Bureau Parenting time web site
- Read the SCAO's Parenting Time Guideline Manual
FRIEND OF THE COURT
The Friend of the Court is a division of the Circuit Court; there is at least one office for each County. The Friend of the Court is not a division of the Prosecuting Attorney's office. The Friend of the Court Act (1982 PA 294) makes the office responsible for:
- investigating, reporting and making recommendations to the Circuit Court on custody, parenting time ("visitation") and the amount of child support providing mediation sessions to resolve child custody and parenting time disagreements collecting, recording and sending out all support payments ordered by the Court
- initiating enforcement of all custody, support and parenting time ("visitation") orders entered by the Court
40 N. Main Street
Mt. Clemens, MI 48043-8606
INTERACTIVE VOICE RESPONSE SYSTEM
(586) 469-7618
