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This article is about how to get a child support order if you do not have one yet. It is right for you if:

You do not have a family court case (divorce, custody, paternity, etc) and you need to get a child support order,
You already have a family court case with a final order, but you don’t have a child support order,
You already had a family court case and a child support order, but child support was set to zero or your support case was closed, OR
You already have a family court case and a child support order, but child support is hard to enforce because you opted out of Friend of the Court services.

If you already have a child support order and want to change it, read Changing a Child Support Order.

This article refers to the plaintiff and defendant(s) in a child support case as parties. In most cases the parties are both parents, but in some cases one of the parties is a non-parent custodian. Where this article uses the word parent specifically, those statements apply only to parents.

How Is Child Support Calculated?

Michigan law says the judge has to order child support using the Michigan Child Support Formula amount. Lawyers and Friend of the Court (FOC) workers calculate child support with software that uses the Formula. Sometimes the Friend of the Court can calculate child support for parents who don’t have a lawyer. But if the FOC can’t do this in your case, you can use the MiChildSupport Calculator for free to calculate support using the Child Support Formula.

If you want to ask for a support amount that is different from the Child Support Formula amount, the court process may be more challenging. The judge would have to decide that the Formula amount is unfair or inappropriate in your case before they can approve a different amount.

Learn more about calculating support in the sections below.

How to Get Child Support If You Do Not Have a Family Court Case

File a Divorce or Custody Case and Apply for Child Support Services

Important information about paternity/parentage

The mother or birthing parent is automatically a legal parent.
If the mother is married, their spouse is presumed to be the legal parent of any child born or conceived during the marriage. If a child of both parties was born before the marriage, paternity/parentage must be established before there can be a support order for that child.
If the mother was not married when the child was born or conceived, either parent can file a custody case. But before that can happen, the paternity/parentage of the non-birthing parent must be established by Affidavit of Parentage.
If the parents were not married at the time of the child’s birth or conception, and paternity/parentage was not established by Affidavit of Parentage, read the section below titled "Start a Case by Applying for Child Support Services (No Divorce or Custody Case).”

One way to get a child support order is in a divorce case or a custody case. The Complaint for Divorce with Minor Children or Complaint for Custody that you file to start a case should ask for child support. If you use Michigan Legal Help’s Do-It-Yourself tools, these forms will include a request for child support. Two other forms you will need to file are the Application for IV-D Child Support Services and the Verified Statement, so that the Friend of the Court in your county can provide child support services in your case. You will get all these forms, along with other forms you will need in the case, if you use the Do-It-Yourself Divorce or the Do-It-Yourself Custody Case (Unmarried Parents), whichever applies to you. For more information, follow the step-by-step instructions in Filing for Divorce with Children or Filing a Custody Case (Unmarried Parents).

After you file a divorce or custody case, the next steps for getting a child support order will depend on the court where you filed your case. Some courts will schedule your case for a meeting with the Friend of the Court and the other party, and the FOC will calculate child support and prepare a recommended Uniform Child Support Order. Other counties will send a questionnaire to each party, and the FOC will calculate support and make a recommended order based on the information the parties provide. Some other counties may refer you to a Friend of the Court referee for a support calculation and recommendation.

If you do not receive a questionnaire or a notice of a meeting or hearing with the Friend of the Court, you may need to do one of the following:

Calculate child support yourself using the MiChildSupport Calculator, and prepare your own Uniform Child Support Order, or
Ask the judge to refer you to the FOC for a support calculation and recommendation, or
Find a lawyer to calculate support and prepare a support order for you. You can use the Guide to Legal Help to find lawyers in your area.

How to Calculate Support on Your Own

It may be a good idea to calculate support and make a proposed Uniform Child Support Order on your own, instead of getting a referral to the FOC, if you and the other party can agree on the amount that you calculate. If you can agree, make your proposed order, and follow the steps to get your proposed order signed by the judge, you should be able to get a support order in place faster than if you went through the FOC.

You may also want to calculate support and fill out your own support order if the Defendant has been defaulted. A default happens when the Defendant does not file an Answer on time, and the Plaintiff files a document called a Default Request and Entry (form MC 07), which the clerk then signs. You might not know the other party’s exact income if they are not participating in the case. If you are in this situation, use your best judgment when entering numbers in the MiChildSupport Calculator. It is ok to use what you knew about the other party’s income while you were together if this is the best information you have. If the judge signs your proposed order, the Defendant will have a chance to file an objection if they disagree.

You can use the MiChildSupport Calculator for free to calculate child support. Then fill out a Uniform Child Support Order using the results. This will be your proposed support order that you will need to submit to the judge, with the results page from the Calculator attached. The judge will want the results page so they can see what numbers you used and double-check your calculation. To learn when to submit your proposed order to the judge, read the step-by-step instructions on the resource page that applies to you: Filing for Divorce with Children or Filing a Custody Case (Unmarried Parents).

If you want to ask for a child support amount that is different from the Michigan Child Support Formula amount, it may be more challenging. You will have to show that the Formula amount is unfair or inappropriate in your case. To show this, you must do all of the following:

Provide a calculation of what child support would be using the Formula
Explain why that result is unfair/inappropriate
Explain how you want to deviate from the Formula amount, and how the different amount is in the best interests of the child.

You must complete and file these forms:

A proposed Uniform Child Support Order. Fill it out completely with the amounts you are asking the judge to approve.
A completed Uniform Child Support Order Deviation Addendum. Read more below.

How to Fill Out the Uniform Child Support Order Deviation Addendum

You will need to include the child support amounts calculated using the MiChildSupport Calculator on the first page of the Deviation Addendum. Then fill out the rest of the form, including the reasons why you are asking the judge to order child support that is different from the Formula amount. The Michigan Child Support Formula Manual lists 20 reasons why the Formula amount could be unfair or inappropriate. These reasons are called deviation factors. You can find them listed on pages 2-3 of the Manual. If any of these factors apply to your situation, list them in your Deviation Addendum and bring them up at your hearing.

To decide if there should be a deviation, the judge will also look at the following:

Whether the proposed deviation would leave the child with less support than they need
Whether the party getting support relies on public benefits to meet the child’s basic needs (for example: Medicaid, state child care assistance, food assistance) and the payer’s ability to pay for those basic needs.

It can be hard to prove there should be a deviation from the Child Support Formula, so you may want to find a lawyer to help you. 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.

How to Get Help Calculating Support from Friend of the Court

If the other party filed an Answer in your case and they do not agree with you about what support will be, you will need to file a motion asking for a referral order to the Friend of the Court for a support investigation. There is no specific motion form for this, but you can use a Notice of Hearing and Motion form to make your motion. Use this Referral Order as your proposed order. For more information, read How to Fill Out, Serve, and File Court Forms.

Start a Case by Applying for Child Support Services (No Divorce or Custody Case)

If you do not have a divorce or custody case, and you don’t have any other family case involving your minor child(ren), you can ask the state to start a child support case for you. To get started, apply for child support services on the Michigan Department of Health and Human Services website. After you apply, your information will go to the local prosecuting attorney's (PA) office or Friend of the Court (FOC). If your case goes to the the PA’s office, this does not mean that you or the other party are in trouble or being charged with a crime. The PA’s child support cases are not part of their criminal case work.

The PA or FOC will start by establishing paternity if one of the child’s parents is not yet a legal parent. The PA or FOC will ask the parties for information to help calculate child support. The parties must give the PA or FOC this information unless the judge decides that the party is not a legal parent. The PA or FOC will calculate support based on the Michigan Child Support Formula, and they will ask the judge to sign a child support order. You will get notice of any court hearings.

If you can’t afford to hire a lawyer and don’t want to file a case on your own, applying for child support services is a convenient way to get a child support order in place. You will not be responsible for preparing or filing any court forms, paying filing fees, or serving court forms.

How to Get Child Support in an Existing Family Case

The information in this section may apply to you if you already have a family (domestic relations) case, and you have one of the following situations:

The judge signed the Judgment of Divorce or final custody order in your case but the judgment or order says that child support is “reserved,” and a child support order was never signed by the judge.
You had a child support order, but the Friend of the Court closed your case.
You have a child support order, but the amount was set to $0.
You have a child support order, but you opted out of Friend of the Court services. Now the payer is not paying, and you want to opt back in to Friend of the Court services so they can enforce support payments.

If any of these situations apply to you, keep reading to find out what you can do.

How to Get Child Support When Support Was “Reserved” in a Divorce or Custody Case

In most divorce cases and custody cases, the judge orders child support at the same time as the judgment of divorce or final custody order. If your judgment of divorce or final custody order was entered without a Uniform Child Support Order, support may have been “reserved” in your case.

You can check if child support was reserved by looking at your final custody order or judgment of divorce. If you do not have a copy of the final order or judgment, contact your court clerk. Go to the Courts and Agencies page and select your county to find contact information for your court.

If child support was reserved in the order and now you want to get a child support order, you can do one of the following

File a Uniform Child Support Order signed by you and the other party,
Ask the Friend of the Court for help getting child support, OR
File a motion for child support.

Learn about these three options below.

Filing a Child Support Order Signed by You and the Other Party

If you and the other party agree on child support, a judge will still review your proposed order and decide whether to sign it and make it legally enforceable. Either you or the Friend of the Court can make a proposed order using the Uniform Child Support Order form. A proposed order becomes a final court order if the judge signs it.

If you agree to an amount calculated using the Michigan Child Support Formula

Depending on your county, the Friend of the Court may be able to make your proposed order based on your agreement. Some FOC offices have a form to ask for their help with this. If your case is in a county where the FOC can help you, they will make sure your agreement follows the Michigan Child Support Formula. After they make your proposed order, both parties will need to sign it before filing it to ask for the judge’s signature.

In other courts, you will need to fill out a Uniform Child Support Order on your own. If you need to do this, first use the MiChildSupport Calculator to calculate support. Then get a blank Uniform Child Support Order. Put the numbers from the Calculator results page into the correct spaces on the order. If the other party agrees to the order, both of you should sign it on the last page. In many counties, the Friend of the Court will also need to review and approve the order before the judge can sign it. Contact the Friend of the Court to find out:

If they need to approve your support order, and if so,
How to submit the order for FOC review.

You can go to the Courts and Agencies page to get contact information for your county’s Friend of the Court office.

If you agree to an amount different from the Child Support Formula amount

If you and the other party want to set child support at an amount that is different from the Child Support Formula amount, you need to show the judge that the Formula amount is unfair or inappropriate. This is true even when both parties agree to a different amount. Some FOC offices might help you fill out the order, but in most courts, you need to file a motion in this situation. Contact your FOC office to ask how this works in your court. If you need to file a motion, read “Filing a Motion to Get Support” below.

Asking Friend of the Court for Help with Child Support

You can ask the Friend of the Court to help you and the other party calculate child support and ask the judge to sign a child support order. To do this, fill out and file these three forms at the FOC:

After the Friend of the Court gets your forms, they will send you notice of the next step, which will vary by county. In many counties, FOC sends a notice to the parties that the case is being reopened and will tell you to fill out and return questionnaires with updated information needed to calculate support. In other counties, parties may get an appointment to meet with the Friend of the Court to give information to calculate support. Sometimes both parties will meet together with FOC, and FOC will try to help the parties fill out a Uniform Child Support Order together.

If you and other party disagree on the support amount, the FOC will make a recommended Uniform Child Support Order. If you disagree with the recommendation, you can file an objection before the recommendation becomes a final order in your case.

Filing a Motion to Get Child Support

If you have a judgment of divorce or a final order in a custody case that didn’t include child support, you can file a motion to ask for a child support order.

Before you fill out your motion, use the MiChildSupport Calculator to calculate child support, and print a copy of the results page. You will need the numbers on the results page to fill out the motion and make a proposed order.

Use the Do-It-Yourself Motion to Change or Get Child Support to create your motion form. The DIY Motion tool will ask you what dollar amounts of child support you want the judge to order, including the monthly base support amount, ordinary medical amount, child care amount, and other amounts. Look at the results page from the Calculator to answer those questions. When you finish the questions in the DIY Motion tool, you can download your completed motion.

Then fill out a Uniform Child Support Order using the calculation results page. File the order along with your motion. Also file the results page from the Calculator as an attachment so the judge can see what numbers you used.

You will likely have a better and faster decision on your motion if you do all the things listed above.

If you want to ask for child support but you don’t have all the information you need to use the MiChildSupport Calculator, it’s ok to file a motion without asking for an exact amount. If you do this, the court process will likely take longer. The judge may send your motion to the Friend of the Court for a support calculation. The FOC may fill out a proposed Uniform Child Support Order for you.

Asking for a different amount of support

If you want to ask for a child support amount different from the Michigan Child Support Formula amount, it will likely be harder. For the judge to approve a different amount, you have to show that the Formula amount is unfair or inappropriate.

You must complete and file the following forms:

A Motion Regarding Support
A proposed Uniform Child Support Order. Fill it out completely with the amounts you are asking the judge to approve.
A completed Uniform Child Support Order Deviation Addendum. Read more below.

How to Fill Out the Uniform Child Support Order Deviation Addendum

Use the MiChildSupport Calculator results to fill out the Deviation Addendum.

There are two tables on the first page with spaces for information. In the first table, fill in the names of the people in your case. The payer is the person who will pay child support. The payee is the name of the person who will get child support. In the column on the left, write each child’s name on a separate line. Next to each name, write the number of nights that each child spends with the payer each year. In the “Overnights” column on the right, write the number of nights that each child spends with the payee each year.

In the second chart on the first page, fill out the child support amounts you calculated using the MiChildSupport Calculator. Then complete the rest of the form, including the reasons why you are asking for a different child support amount. The Michigan Child Support Formula Manual lists 20 reasons that the Formula amount could be unfair or inappropriate. These reasons are called deviation factors. You can find them listed on pages 2 and 3 of the Manual. If any of these factors apply to your situation, include them when you write why the amount would be unfair or inappropriate, and bring them up at your hearing.

To decide if there should be a deviation, the judge will also look at the following:

Whether the proposed deviation would leave the child with less support than they need
Whether the party getting support relies on public benefits to meet the child’s basic needs (for example: Medicaid, state child care assistance, food assistance) and the payer’s ability to pay for those basic needs.

It can be hard to prove there should be a deviation from the Child Support Formula, so you may want to find a lawyer to help you. 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.

How to Get Support in a Case that the FOC Closed or Set to Zero

Sometimes the Friend of the Court closes a case or sets the child support amount to zero. When FOC closes a case, this means the current obligation and the arrears go away. One reason FOC can close a child support case is if the parents begin living together in the same household.

When the FOC sets the support amount to $0, this is called abatement. Abatement makes the current support obligation stop, but it does not get rid of arrears or close the case. Abatement can happen if the support payer can’t pay because they are disabled or incarcerated.

If your case was closed or abated but the situation has changed and you want child support re-established, then you have to ask to reopen the case and give the FOC information about where the parties currently live.

To do this, fill out and file these three forms at the FOC:

If the parties no longer live in the county where they lived when the case was filed, the case may need to be transferred to a different court once it is reopened. Contact the Friend of the Court in the court where the case was filed to ask them to transfer it.

How to Reopen a Friend of the Court Case if You Opted Out of Child Support Services

It is possible that you are not getting child support in your case because you and the other party opted out of Friend of the Court services. If this happened in your case, you may have a Uniform Child Support Order with no FOC involvement. When you do not get FOC child support services, you are expected to enforce the child support order yourself by following the terms of the order. If the child support is not being paid, then either party may "opt in" to child support services. While it takes both parties signing an agreement to opt out of child support services, it only takes one party to opt in.

To opt in, fill out and file these three forms at the FOC:

If you and the other party disagree on the support amount, the FOC will make a recommended Uniform Child Support Order. If you disagree with the recommendation, you can file an objection before the recommendation becomes a final order in your case.

Getting a Child Support Order