Spousal Support
Spousal Support
MCR 3.206(A)(5) states that party who requests spousal support in an action for divorce, separate maintenance, annulment, affirmation of marriage, or spousal support, must allege facts sufficient to show a need for such support and that the other party is able to pay. In addition, MCR 3.206(C)(1) states that a verified statement must be provided to the Friend of the Court in any matter in which spousal support is requested.
FOC Recommendation
If spousal support is requested in an action for divorce, separate maintenance, annulment, affirmation of marriage, or spousal support, the Circuit Court Judge may refer the matter to the FOC for a hearing and recommendation. MCL 552.507 allows a FOC Referee to hear all motions in a domestic relations matter, except motions pertaining to an increase or decrease in spouse support, referred to the referee by the court.
Case by Case Basis
Every spousal support case is different and, unlike child support, there is no specific formula for spousal support. There are specific factors that the Court looks at when making a decision regarding spousal support. This is not a simple matter. If you believe that spousal support should be awarded to you, or if the other party has filed a complaint for spousal support, you may wish to contact an attorney for legal advice.
Uniform Orders
Any order regarding spousal support must be prepared on a Uniform Support Order (FOC 10b or FOC 10c). This order must accompany any judgment and both must be signed by the judge on your case. Personal information concerning a party must be provided to the FOC in a Judgment Information Form (FOC 100), which is not a public document. MCR 3.211(F)(2).
Payable Through MiSDU or Directly
Spousal support may be payable through the Michigan State Disbursement Unit (MiSDU) or it may be payable directly from the Payer to the Payee of support. Friend of the Court services are available when form FOC 10b is used. No FOC services are available when FOC 10c is used and the parties will be responsible for their own account management.
FOC Enforcement of Spousal Support
When spousal support is ordered through FOCB and FOC services are used, the FOC is responsible for the enforcement of spousal support.
The FOC will not initiate enforcement under MCL 552.511(1)(a) if the support order was entered ex parte and the office has not received a copy of proof of service of the order. Michigan law permits the FOC to "assess the payer the actual reasonable expense of the friend of the court in bringing any enforcement action for noncompliance" in spousal support cases. This does not apply if child support is also ordered in the case.