 |
 Prosecuting Attorney |
|
|
Child Support Division
The Prosecutor’s Office, Child Support Division, in conjunction with
the Department of Human Services, establishes Paternity and/or child
support obligations for families in Calhoun County. The Prosecutor’s
Office represents the State of Michigan in these matters and not any
particular individual party.
In Michigan both parents owe a duty to support their children.
It doesn’t matter if the absent parent resides in the State of Michigan
or outside the State of Michigan.
We assist families, who receive public assistance and/or those who
request our services by filing a Non-Public Assistance Application (Form
#1201). Any person can obtain this form from the Department of
Human Services (Toeller Building) or the Calhoun County Friend of
the Court office.
Getting Started
The Prosecutor’s Office works from electronic referrals called cars
sent by a Support Specialist from the Department of Human Services. The
Support Specialist can assist in locating the absent parent and filling
out any necessary applications or forms. Your caseworker at the DHS
Office can assist you in contacting a Support Specialist or you may
contact them directly in Detroit at the OCS Southeast Regional office.
The toll-free number is (866) 661-0005.
Once the PA Office receives the referral we will schedule an initial
interview with the custodial parent or third party custodian.
 Initial
Interview
During the Interview, all information provided on the referral is
verified and all necessary court documents are generated for the
custodian’s signature. The custodian 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 third party custodian, proof of legal
custody, employed, four most recent pay stubs, and/or verification of
day care expense.
Paternity
Establishment
There are three primary methods in Michigan establishing paternity:
1. Both parties are married at the time of conception and/or birth
of the child;
2. Both parties voluntarily execute an affidavit of parentage by
completing the form and signing it in front of a notary public.
Hospitals, Support Specialists, County Clerk’s Office and/or the
Prosecutor’s Office, Child Support Division can assist parties in
obtaining and completing the Affidavit of Parentage. The Affidavit of
Parentage can be mailed to the Paternity Central Registry for filing
with the State at the following Address:
Central Paternity Registry
Division for Vital Records & Health Statistics
Michigan Department of Community Health
P.O. Box 30691
3423 North M.L. King Blvd
Lansing, Michigan 48909
There is no fee for filing the affidavit with the central paternity
registry. Once filed, the affidavit becomes a matter of public record.
Certified copies of the affidavit are available from the central
registry for $13.00 (additional copies are $4.00 each) and can be
requested at the time of filing;
3. by Order of the Court when one party files a paternity action
against the other party to determine whether the alleged father is or
is not the natural father of the subject minor child. The Court Order
called an Order of Filiation will address child support, custody and
parenting time.
Adding a Father
to the Birth Certificate
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.
Paternity Case
A paternity action is filed to determine whether or not the person
named as the alleged father is or is not the natural father of the
subject minor child. If the alleged father is found to be the natural
father, an Order of Filiation is entered naming the alleged father to be
the natural father of the minor child based on genetic test results
and/or testimony of the Petitioner. The Order also addresses child
support, custody and parenting time.
Child
Support Case
A Petition for child support is filed between legal parents to obtain
a court order requiring the absent parent to pay child support for
his/her minor child/ren. An absent parent is defined as any parent who
does not reside in the custodial home with the minor children. Petitions
for child support are filed on behalf of a third party custodian, who
has the physical care and custody of the minor child/ren, against the
absent parents. The parties are considered legal parents when a child is
either born during a marriage or paternity has been established.
Interstate Case
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.
Criminal Non
Support Case
It is a crime in the State of Michigan to not pay your child support.
The Calhoun County Friend of the Court refers certain cases that qualify
to the Prosecutor’s Office for criminal felony prosecution. If you have
questions regarding criminal non support prosecution, please contact the
Calhoun County Friend of the Court at (269) 969-6500.
Long Arm Jurisdiction
If the absent parent has had minimal contact pursuant to the statute,
the Prosecutor’s Office can file an action in the Michigan court and
serve the documents on the Absent Parent in another state.
Notification
to the Absent Parent
The Prosecutor’s Office according to the Court Rules must provide
proof to the Court that the Absent Parent has received a copy of the
court action and that he/she has knowledge of the case. From the date of
service the absent parent has a certain number of days to file a written
answer to the complaint. During this time a meeting can be scheduled
between the Assistant Prosecuting Attorney for Child Support and the
absent parent or both parties to discuss a resolution of the case.
Non Cooperation of the Absent Parent
If the absent parent 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
absent parent due to his/her failure to respond to the Plaintiff’s
action and/or a judgment which is given without the absent parent being
heard.
Genetic
Testing
In any paternity action filed by the Prosecutor’s Office, 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.
Genetic Testing If a Legal Father
Exists
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.
Husband is
Legal Father vs. Biological Father
If a child is conceived or born during a marriage, the husband is the
legal father but not always the biological father. The legal father may
participate in a court action to obtain a court order that may exclude
him as the legal father.
Scheduled Hearings
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.
Calculation
of Child Support
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 non custodial parent resides enters 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
the non custodial parents child support obligation.
Support Orders
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.
Addressing
Custody and Parenting Time
The Prosecutor’s office 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 Prosecutor’s Office 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.
In an Interstate child support case or paternity and child support
action, custody and visitation is not addressed.
Approval of Judgments of Divorce
All Final Judgments/court orders involving child support should be
submitted to the Prosecutor’s Office for their approval pursuant to
statute.
Related Links
Find Law
Michigan
Department of Human Services
Child
Support Calculator
Guide to
Child Support Agencies In Other States
|
Several photos included in this 
