Glossary

Arrearage – Money which is overdue and unpaid.

Bench Warrant – An order issued by the court from the bench for the arrest of a person, so that (s)he may be brought before the court.

Child Protective Services (CPS) – A branch of the Michigan Department of Health and Human Services that investigates allegations of child abuse or neglect.

Child Support – The court ordered payment of money for a child in a divorce, paternity, or family support act proceeding. Support may include health care expenses, and may include educational and childcare expenses, when the child is less than 12 years old.

Contempt of Court – Failure to do what the court orders without a reasonable cause. 

Defendant – The person against whom a lawsuit is started.

Disbursement – Paying out of collected child support funds.

Docket Number – The number given by a county to identify a specific court case.

Domicile – The permanent home to which a person, when absent, always intends to return. (See Residence).

Emancipation – The act by which one attains adulthood. Emancipation may occur when a child reaches the age of majority, marries, enters military service, or by court order.

Enforcement – Activity engaged by the Friend of the Court to bring an alleged violator of a court order into compliance.

Evidence – Proof allowed at a hearing. Evidence may be presented through testimony of witnesses and by documents, records and other material.

Ex Parte – An action of the court, made by the request of one party without prior notice to the other party.

Friend of the Court (FOC) – 1. An office of the family division of the Circuit Court; investigates and makes recommendations to the court in domestic relations actions involving minor children and enforces orders of the court. 2. A person; the director of the office.

Income Withholding Notice – Directs an employer, or source of income, to withhold a fixed amount and send that amount to the MISDU (Michigan State Disbursement Unit) Friend of the Court for purposes of support.

IV-D – Pronounced “4-D”, refers to Title IV-D of the Social Security Act and relates to all functions of the Friend of the Court office regarding the collection and disbursement of child support.

IV-D Number – The nine-digit number given by the state to identify a specific case involving children.

Jurisdiction – The power of the court to decide cases before it. This power depends on the type of case and how closely connected the parties are to the county where the court is located.

Legal Custody – A court ordered designation regarding the right to make important decisions about the children, such as where they go to school, what religion they are (if any), and major medical decisions.

Mediation –A process parties can use to reach their own agreements without going to court. The Friend of the Court provides mediation services when there is a dispute regarding custody or parenting time.

Michigan Child Support Enforcement System (MISCES) – The computer program used by state Friend of the Court offices state office which collects and distributes support payments in accordance with the court’s orders.

Michigan State Disbursement Unit (MISDU) – The state office which collects and distributes support payments in accordance with the court’s orders.

Motion – A formal request made in writing to the court.  Also known as a petition.

Moving Party – The person who is filing a motion to change a court order.

Office of Child Support (OCS) – The office within the Department of Human Services that administers federal child support program funds, coordinates location of absent parents and manages the process for income tax intercepts. This office may also initiate complaints under the Paternity Act and the Family Support Act.

Order – A decision of the court made in writing.

Parenting Time – Also known as custody time, it is the court-ordered time a child spends with each parent when they do not live in the same home.

Party – A person legally involved in a particular action.

Paternity – Fatherhood; a legal father for a child.

Payee – The person or agency to whom support is sent. Also known as recipient.

Payer – The person who is ordered to remit support.

Physical Custody – A court ordered designation regarding where the child resides and who makes the routine decisions regarding the day-to-day care for the child.

Plaintiff – The person who originally files the action.

Pleadings – Papers filed by parties in a lawsuit stating claims against each other, or his/her defenses to those claims.

Pro Per – A person who represents himself or herself in court without an attorney.

Public Assistance – Cash assistance (FIP) provided under the social welfare act, medical assistance (Medicaid), child daycare (CDC), food assistance (FAP) to a parent, or if foster care is or was provided to a child who is the subject of a case.

Referee – A person who holds hearings, takes testimony and makes recommendations for orders to the court. A referee may be the person serving as the Friend of the Court, or an attorney appointed by the court to hear domestic relations actions.

Residence – The place where one presently lives.

Show Cause Hearing – A court hearing which is held so that a person can present reasons why (s)he should not be considered in violation of a specific court order. Also known as “Contempt of Court” hearing.

Sole Custody – An order of the court which provides that children reside with one parent, and that parent is responsible for all decisions affecting them.

Support Order – An order issued by the circuit court ordering the payment of money for children or spouse in a domestic relations action.

Transcript – A word for word record of proceedings at a hearing.