What a Friend of the Court Can and Cannot Do
A Friend of the Court in Michigan is a court officer who handles child support and custody cases — not traffic violations or criminal matters. They cannot suspend your driver's license on their own. However, they can ask the court to suspend it, and the court can grant that request if you fall behind on child support payments.
The distinction matters because it changes what happens next. The Friend of the Court files a motion, but a judge must sign the order. You have the chance to respond before that happens, and you can explain your situation to the court.
This power exists because Michigan law treats unpaid child support seriously. When a parent stops paying, the state has tools to enforce payment, and license suspension is one of them. It applies to your driver's license, professional licenses, and recreational licenses like hunting or fishing permits.
Key Takeaways
- The Friend of the Court cannot suspend your license directly — only a judge can, after the Friend of the Court requests it in writing.
- License suspension happens when you owe child support arrears and the court finds you are not making a good-faith effort to pay.
- You receive notice before the suspension takes effect and can ask the court for a hearing to explain your situation.
- Paying what you owe, setting up a payment plan, or showing the court you cannot work without your license can stop or prevent suspension.
- Once suspended, you must contact the Friend of the Court office to learn what steps will restore your license.
How the Friend of the Court Triggers License Suspension
The Friend of the Court monitors child support cases and tracks payments. If you fall behind, they send you a notice. If you do not respond or do not start paying, they can file a motion with the court asking for enforcement action — which may include license suspension.
The court does not suspend your license automatically. A judge reviews the Friend of the Court's motion and decides whether to grant it. The judge considers whether you owe money, whether you have made payments recently, and whether you have a reason for not paying.
You will receive a notice before this happens. The notice tells you the date of the court hearing and explains what the Friend of the Court is asking for. You can attend that hearing, bring documents, and tell the judge your side of the story.
What Counts as Falling Behind on Child Support
You are considered in arrears when you miss a payment that was due. The amount does not have to be large — even one missed payment can trigger a notice from the Friend of the Court. However, suspension usually does not happen after a single missed payment unless you ignore all contact from the office.
The Friend of the Court looks at the pattern. If you have missed multiple payments, made no contact with the office, and ignored notices, the court is more likely to suspend your license. If you have been paying regularly but hit a rough month, the court may give you time to catch up.
Arrears can pile up quickly. If you owe $500 per month and miss three months, you now owe $1,500 plus any interest the court has added. The longer you wait, the harder it becomes to catch up, and the more likely enforcement action becomes.
How to Stop or Prevent License Suspension
The fastest way to prevent suspension is to pay what you owe. If you can pay the full arrears amount before the court hearing, bring proof of payment to the hearing. The Friend of the Court will withdraw the motion, and the judge will not suspend your license.
If you cannot pay the full amount, contact the Friend of the Court office before the hearing and ask about a payment plan. Many offices will work with you if you show you are serious about paying. A written agreement to pay a set amount each month — even if it is less than your regular support order — can convince the court not to suspend your license.
If you have a legitimate reason for not paying — job loss, medical emergency, or a change in your income — bring documentation to the hearing. Explain the situation to the judge. If the judge believes you are trying to pay but cannot right now, they may delay suspension or reduce your monthly obligation instead.
Do not ignore notices from the Friend of the Court. Responding, even to say you need help, is better than silence. Silence makes the court think you do not care about your obligation.
What Happens When Your License Is Suspended
Once the judge signs the suspension order, the Friend of the Court sends it to the Michigan Secretary of State. Your license becomes invalid. You cannot legally drive, and driving with a suspended license is a crime that can result in fines and jail time.
The suspension stays in place until the Friend of the Court tells the Secretary of State to lift it. This happens when you have paid your arrears, set up a payment plan that the court approves, or the judge orders the suspension removed for another reason.
Some people lose their jobs because they cannot drive to work. If that is your situation, tell the Friend of the Court and ask for a hearing. Some judges will lift the suspension if you can show that driving is essential to your job and that you are making a good-faith effort to pay child support.
Your Right to a Hearing Before Suspension
Michigan law requires the court to give you notice and a chance to be heard before suspending your license. You will receive a notice in the mail that tells you the date and time of the hearing. You do not have to hire a lawyer to attend — you can represent yourself.
At the hearing, you can present documents, answer questions from the judge, and explain your situation. Bring proof of any payments you have made, documentation of job loss or hardship, and any written agreement you have made with the Friend of the Court. Bring your child support order so you and the judge can review what you are supposed to pay.
If you cannot attend the hearing, call the Friend of the Court office and ask to reschedule. Failing to show up without contacting the office makes it more likely the judge will grant the suspension.
After Your License Is Suspended
Once your license is suspended, your first step is to contact the Friend of the Court office that handled your case. Ask them what you need to do to get your license back. They will tell you the exact amount you owe, whether a payment plan is possible, and what documents you need to provide.
If you have paid your arrears or completed a payment plan, the Friend of the Court will file a motion to lift the suspension. The judge must approve this, and then the Friend of the Court notifies the Secretary of State. The Secretary of State will restore your license, but this can take a few weeks.
Do not try to drive before your license is restored. The suspension is a public record, and police can see it when they run your name. Driving with a suspended license creates new legal problems on top of the child support issue.
Frequently Asked Questions
Can the Friend of the Court suspend my license without a court order?
No. The Friend of the Court can request suspension, but only a judge can order it. You will receive notice of a hearing before the judge decides. You have the right to attend and explain your situation.
What if I lose my job and cannot pay child support?
Contact the Friend of the Court when ready and explain what happened. You can ask the court to modify your child support order based on your new income. Bring proof of job loss and your current financial situation. The court may lower your monthly obligation or delay enforcement while you find work.
How long does it take to restore my license after I pay?
Once you pay or complete a payment plan, the Friend of the Court files a motion to lift the suspension. The judge must approve it, and then the Secretary of State processes the restoration. This usually takes two to four weeks, though it can be faster if you pay in person at the Friend of the Court office.
Can I get a restricted license to drive to work?
Michigan does not issue restricted licenses for child support suspensions. However, you can ask the judge at your hearing to delay or lift the suspension if you can prove that driving is essential to your job and that you are making a good-faith effort to pay. The judge has discretion to do this.
What if I disagree with the amount the Friend of the Court says I owe?
Bring your child support order and any payment records you have to the hearing. If you believe the amount is wrong, tell the judge and explain why. The judge can review the calculation and correct it if there is an error. You can also ask the Friend of the Court office to review the account before the hearing.