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SENATE BILL NO. 942
A bill to amend 1982 PA 294, entitled
"Friend of the court act,"
by amending section 5 (MCL 552.505), as amended by 2009 PA 233.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) Each office of the friend of the court has the 1
following duties: 2
(a) To inform each party to a domestic relations matter that, 3
unless 1 of the parties is required to participate in the title IV-4
D child support program, they may choose not to have the office of 5
April 29, 2026, Introduced by Senator RUNESTAD and referred to Committee on Civil Rights,
Judiciary, and Public Safety.
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the friend of the court administer and enforce obligations that may 1
be imposed in the domestic relations matter. 2
(b) To inform each party to a domestic relations matter that, 3
unless 1 of the parties is required to participate in the title IV-4
D child support program, they may direct the office of the friend 5
of the court to close the friend of the court case that was opened 6
in their domestic relations matter. 7
(c) To provide an informational pamphlet, in accordance with 8
the model pamphlet developed by the bureau, to each party to a 9
domestic relations matter. The informational pamphlet shall must 10
explain the procedures of the court and the office; the duties of 11
the office; the rights and responsibilities of the parties, 12
including notification that each party to the dispute has the right 13
to meet with the individual investigating the dispute before that 14
individual makes a recommendation regarding the dispute; the 15
availability of and procedures used in alternative dispute 16
resolution; the availability of human services in the community; 17
the availability of joint custody as described in section 6a of the 18
child custody act of 1970, 1970 PA 91, MCL 722.26a; the presumption 19
of equal or approximately equal parenting time as described under 20
section 6a of the child custody act of 1970, 1970 PA 91, MCL 21
722.26a; and how to file a grievance regarding the office. The 22
informational pamphlet shall must be provided as soon as possible 23
after the filing of a complaint or other initiating pleading. Upon 24
On request, a party shall receive an oral explanation of the 25
informational pamphlet from the office. 26
(d) To make available form motions, responses, and orders to 27
be used by a party, without the assistance of legal counsel, in 28
making or responding to a motion for a payment plan under section 29
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5e of the support and parenting time enforcement act, MCL 552.605e, 1
or for the modification of a child support, custody, or parenting 2
time order, including a domicile or residence provision. The office 3
shall make available instructions on preparing and filing each of 4
those forms, on service of process, and on scheduling a 5
modification hearing. 6
(e) To inform the parties of the availability of alternative 7
dispute resolution if there is a dispute as to child custody or 8
parenting time. 9
(f) To inform the parents of the availability of joint custody 10
both of the following as described in section 6a of the child 11
custody act of 1970, 1970 PA 91, MCL 722.26a: , 12
(i) Joint custody, if there is a dispute between the parents as 13
to child custody. 14
(ii) The presumption of equal or approximately equal parenting 15
time. 16
(g) To investigate all relevant facts, and to make a written 17
report and recommendation to the parties and to the court, 18
regarding child custody or parenting time, or both, if ordered to 19
do so by the court. If custody has been established by court order, 20
the court shall order an investigation only if the court first 21
finds that proper cause has been shown or that there has been a 22
change of circumstances. The investigation may include reports and 23
evaluations by outside persons or agencies if requested by the 24
parties or the court, and shall must include documentation of 25
alleged facts, if practicable. If requested by a party, an 26
investigation shall must include a meeting with the party. A 27
written report and recommendation regarding child custody or 28
parenting time, or both, shall must be based upon on the factors 29
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enumerated in under the child custody act of 1970, 1970 PA 91, MCL 1
722.21 to 722.31. 2
(h) To investigate all relevant facts and to make a written 3
report and recommendation to the parties and their attorneys and to 4
the court regarding child support, if ordered to do so by the 5
court. The written report and recommendation shall must be placed 6
in the court file. The investigation may include reports and 7
evaluations by outside persons or agencies if requested by the 8
parties or the court, and shall must include documentation of 9
alleged facts, if practicable. The child support formula developed 10
by the bureau under section 19 shall must be used as a guideline in 11
recommending child support. The written report shall must include 12
the support amount determined by application of the child support 13
formula and all factual assumptions upon which that support amount 14
is based. If the office of the friend of the court determines from 15
the facts of the case that application of the child support formula 16
would be unjust or inappropriate, the written report shall must 17
also include all of the following: 18
(i) An alternative support recommendation. 19
(ii) All factual assumptions upon which the alternative support 20
recommendation is based, if applicable. 21
(iii) How the alternative support recommendation deviates from 22
the child support formula. 23
(iv) The reasons for the alternative support recommendation. 24
(2) If a party who requests a meeting during an investigation 25
fails to attend the scheduled meeting without good cause, the 26
investigation may be completed without a meeting with that party. 27
(3) Pursuant to In accordance with standards prescribed by the 28
state court administrative office under the supervision and 29
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direction of the supreme court, the office may charge the parties 1
an amount that does not exceed the expenses of the office for 2
conducting an investigation and making a report and recommendation 3
under subsection (1)(g). If the court orders a whole or partial 4
waiver or suspension of fees in the case because of indigency or 5
inability to pay, the office shall not charge the amount or, if 6
applicable, shall reduce the amount. An amount shall must not be 7
charged under this subsection if the investigation was not 8
requested by either party. If the court determines that a request 9
by a party that led to the investigation was frivolous, the court 10
may order that the amount be charged only against the party, but 11
the amount shall must not be charged against the other party. Money 12
collected under this subsection shall must be deposited in the 13
county friend of the court fund created under section 2530 of the 14
revised judicature act of 1961, 1961 PA 236, MCL 600.2530. 15
Enacting section 1. This amendatory act does not take effect 16
unless all of the following bills of the 103rd Legislature are 17
enacted into law: 18
(a) Senate Bill No. 940. 19
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(b) Senate Bill No. 941. 21