By: Paul Gehm, FOCB Management Analyst
You are working your alerts like a dutiful IV-D worker when you suddenly stop and scroll back up. Something caught your attention: the case – the one that always gives you and your office headaches. The payer’s time is up, again, and it is time to trigger another show cause hearing because the payments have not been made. Even show cause is hit or miss with this payer. Why does it work sometimes and other times not at all? When does enforcement work? Why does it work? What does it mean to be successful with enforcement? These and many other questions will be answered by the SCAO Friend of the Court Bureau (FOCB) workgroup tasked with developing an enforcement manual.
SCAO is creating this manual in an effort to better equip judges, referees, and friend of the court (FOC) staff across the state to select and execute appropriate enforcement remedies. The manual will be structured in a format similar to the Custody and Parenting Time Investigation Manual. It will discuss the statutory, regulatory, and case law requirements for each enforcement tool. The manual will provide practice tips, considerations, and guidelines for when and how to use discretionary enforcement tools based on case criteria and available office resources. When presenting discretionary tools, the manual will offer guidance regarding a tool’s effectiveness, both perceived and real. A case law appendix will be included, organized according to the relevant enforcement tool. Bench cards, desk aids, flowcharts, checklists, practice tips, and other aids will be developed in conjunction with the manual.
A workgroup has been convened to gather the insight and input necessary to develop the manual. Members of the workgroup represent stakeholder groups from diverse Michigan geographic locations, socioeconomic demographics, and court or office management styles. The members are: judges, referees, FOC directors and staff, Office of Child Support staff, and family law attorneys.
The Friend of the Court Association (FOCA) recently held its summer conference, and many training sessions focused on enforcement. One of the sessions featured a panel of the FOCA members from the enforcement manual workgroup. They opened a discussion about the manual project and provided high-level insight into key issues that impact enforcement. The session allowed other FOCA members an opportunity to learn about this project and weigh in. The panelists led a great discussion and shared wisdom about not only current practices, but possibilities for improving the efficiency, effectiveness, and family-focused nature of enforcement remedies.
One key takeaway was a recognition that resources spent on the front end of a case (from thorough locate efforts at establishment through right-sizing support orders) can save the office and court more resources on the back end (when numerous FOC and court staff might dedicate hours to chasing and threatening a parent who has not been meeting his or her obligation). The panelists also acknowledged differing practices for certain methods of enforcement, such as license suspensions and civil contempt, and the many variables contributing to effectiveness. Overall, the discussion was a great jumpstart for the full workgroup’s efforts.
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| Paul Gehm |
After the workgroup meetings are complete, SCAO will pull all the information together into a draft to be shared with the workgroup and others for editing before publication. For more information or questions, please contact Paul Gehm, the workgroup leader, at GehmP@courts.mi.gov
