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A referee’s recommendation will become a court order if neither party files a written objection
within specific time limits (or the court holds a hearing pursuant to an objection) and the judge signs
an order containing the recommendation.
Contact an attorney for more information on how to object to a referee’s recommendation and
request a hearing before a judge.
Reconciliations and Dismissals
Not every case ends with divorced or separated parents. If parties are trying to work out their
differences and wish to have enforcement of their order stopped, they may file a motion asking the
court not to enforce the order. Enforcement of a support obligation cannot be stopped except by
court order.
If parties wish to stop all further actions on a case, they must file an order of dismissal with the
court. The support payer may have to pay support while the case is pending or if any other debts
exist under the order before the case will be dismissed.
Orders Where One of the Parents Leaves Michigan
Child support continues regardless of where you live, unless changed by a court order. There are
serious legal consequences if orders are not followed.
Child support does not end when a parent leaves Michigan, even if the child lives in a different
state from the support payer. Both parents must tell the Friend of the Court whenever they change
where they live or work. The payer must continue to pay support through the Michigan State
Disbursement Unit (MiSDU), and the Friend of the Court continues to be responsible for enforcing the
court order.
If a support payer leaves Michigan and support payments are not timely, or stop altogether, there
are laws to assure that payments are made. Each state now has a law called the “Uniform Interstate
Family Support Act (UIFSA).”
UIFSA assists states in dealing with cases where a party or source of income is in another state. It
replaces other interstate child support laws. Under UIFSA, only one state has the right to establish or
modify support. This right can be given to another state only if certain conditions are met.
Some of the procedures available under UIFSA include interstate income withholding, registration
of the order in the other state for enforcement, registration of the order in the other state for
modification, and a request to have the other state assist with discovery.
Alternative Dispute Resolution (ADR)
If you are a party to an action and have a dispute that you cannot resolve with the other party or
parties, you are encouraged to participate in alternative dispute resolution (ADR) outside of the
court system. ADR may involve parents, grandparents, and even third parties. Parties often find this
rewarding because they make the decisions, instead of the court. The court must still enter an order,
but the court order will usually reflect the parties’ agreement.
Mediation is a common type of ADR. When parties go to court, decisions affecting their family
are made by the judge. The judge must decide based upon all available evidence and according to
law. Mediation places the responsibility for settling issues upon parties, without the direct involvement
of the court. Mediation provides parents the opportunity to communicate, cooperate, and, with the
assistance of a neutral third party, resolve disputes regarding custody or parenting-time. Parties often
find this rewarding, because they make the decisions instead of the court.
The following are types of alternative dispute resolution available in domestic relations
proceedings. You may contact an attorney or the Friend of the Court office to determine the types of
alternative dispute resolution methods available in your area.