Monday, June 7, 2021

Funding to Establish Parenting Time

By Steve Capps, Director, Friend of the Court Bureau

While child support professionals are probably familiar with Part D of the Social Security Act, many may not be aware of other parts of the Act, such as Part A which funds services for people receiving public assistance, or Part E which funds child welfare services for children who are abused or neglected. Many families receive more than one of the Social Security Act services – some for generations.


The Friend of the Court Bureau (FOCB) recently studied Michigan’s child support caseload in several counties and matched it with other types of cases involving the same parties. We found that 45 percent of abuse and neglect court cases studied also have a domestic relations case (divorce with children, paternity, or support) associated with someone in the family.

About 20 percent of the people in the child welfare cases also have involvement in a domestic relations case.  This second statistic is a smaller percentage because some parents have more than one domestic relations case.  Fifteen percent of domestic relations cases have a child welfare case, with 7 percent of the people in domestic cases also involved in a child welfare case. 


When we see a large number of cases and people who have both a child support case and an abuse and neglect case, and add to those cases the fact that a number of Michigan’s child support cases result from a person receiving public assistance, it is likely many families in Michigan’s child support program receive services under three different parts of the Social Security Act. 

These overlapping cases for the same families are important because they represent a possible Adverse Childhood Experience (ACE) for the children involved.  ACEs are experiences a child has that are so bad that they can negatively affect the child’s development in ways that have lifelong consequences.  ACEs are associated with people having risky behavior later in life, bad health, lower income, and shorter lifespans. 

ACEs can be divided into roughly four categories: 

  • abuse;
  • being in a household with challenges such as domestic violence, mental illness, substance abuse, or having a family member in prison;
  • divorce or abandonment;
  • and economic hardship or poverty. 

One ACE alone can cause lifetime consequences.  When a child has four or more ACEs, the results are usually devastating.  The children in Michigan’s caseload whose families receive services in Parts A, D, and E may start out with three ACEs:

  • poverty (which could equate to physical neglect);
  • separated parents (leaving the child with a feeling of abandonment - whether the parents are separated, divorced, or were never married); and
  • abuse. 

In other data analysis, FOCB found a large percentage of the child support caseload was also associated with a parent in a criminal case – perhaps equating to a fourth ACE – having an incarcerated family member.

When FOCB examined caseloads in Muskegon County, we found that ZIP codes with a higher percentage of persons with four or more ACEs also had a higher percentage of domestic relations and abuse and neglect cases.  When we look at just the scant information we know, it is clear that many children in the child support program are at risk for negative lifelong consequences. 

As dire as the prognosis might seem, ACEs do not have to result in permanent harm.  Certain other events in a child’s life that build resiliency can lessen the consequences of ACEs.  Having a trusted adult seen as a protector can help a child cope with ACEs.  Having outlets such as belonging to organizations or being able to engage in activities that give the child a sense of purpose can also help offset ACEs.

The child support program must take our customers as it finds them, but that does not mean there is nothing that can be done to help avoid the consequences of ACEs.  By helping to establish a strong, healthy bond with parents through parenting time appropriate for the individual child and family, child support professionals might counteract one ACE (a sense of abandonment) and provide a child with the potential to develop resiliency through having a trusting relationship with an adult. 

Establishing a strong and healthy relationship between child and parent starts with a commitment to establish a specific parenting time order.  In days past, parenting time orders in child support or paternity cases were either omitted entirely or addressed with a nonspecific “as the parents agree.”  However, most parents either have an existing informal arrangement for parenting time or have expectations about parenting time with their children.  Often these parents may not have communicated with each other in advance about parenting time, and so, like the proverbial two ships passing in the night, parenting time goes unaddressed when support and paternity are established. 

The Office of Child Support recognizes the importance of parenting time for the well being and healthy development of children and allows IV-D workers to bill up to one hour of time spent working with parents to establish parenting time for initial support orders[1] because:

  • Parenting time is a factor in calculating child support;
  • There is evidence that parents who participate in setting their orders end up being better payers; and
  • There is evidence that payers who exercise parenting time are better support payers.

In Michigan, it is likely that children of divorce fare better than children in paternity cases because children in divorce cases usually start out with a relationship with both parents and have an opportunity to build or maintain resiliency through a continuing relationship with both parents.  FOCB research indicates the percent of cases with no parenting time is highest in paternity cases, followed by family support cases, and then divorce cases. 

Children in paternity cases often start out having fathers who are so uninvolved it is necessary to have a court determine paternity.  If these fathers and their extended family remain uninvolved in the child’s life, an opportunity might be missed to build resiliency for that child through additional adult family members providing emotional support. 

Prosecutors and FOC offices doing establishment work have a critical opportunity to assist families early in their case with parenting time issues.  The FOCB studied child support payment and enforcement activities on cases and determined that parents who have parenting time are better support payers and need fewer enforcement activities on their cases.  With the current data, a causal relationship is unclear.  We do not know if the parenting time produces better payment results, or if parents who are more likely to pay better are also more likely to seek parenting time. 

Regardless of support payment motives, every child certainly deserves an opportunity to have strong parental relationships.  A small effort in the beginning of the case can have sweeping consequences for enforcement needs over the life of the case.  And in some cases, the effort might just have positive effects for generations going forward.

Steve Capps is director of the Friend of the Court Bureau. His staff is the primary source of management support for Michigan's friend of the court offices and family division courts and advises the Michigan Supreme Court and its staff regarding state and federal statutes and regulations that affect family law issues. Before coming to SCAO, Mr. Capps served as a friend of the court for Branch County and as a referee and a domestic relations mediator for the circuit courts in Calhoun and Branch counties. A past president of the Branch County Bar Association, he currently serves as a member of the program leadership group for Michigan's child support program.


[1] IV-D Memorandum 2016-031, Announcement of the Availability of IV-D Funding for the Establishment of Custody/Parenting Time, and the Program Leadership Group (PLG) Statement Regarding Parenting Time.