THE FAMILY SUPPORT ACT
Act 138 of 1966
552.451 Proceedings for support of custodial parent and children; complaint; service; prohibition.
Sec. 1.
A married parent who has a minor child or children living with him or her and who is living separate and away from his or her spouse who is the noncustodial parent of the child or children, and who is refused financial assistance by the noncustodial parent to provide necessary shelter, food, care, and clothing for the child or children, if the spouse is of sufficient financial ability to provide that assistance, may complain to the circuit court for the county where either parent resides for an order for support for himself or herself and the minor child or children. Subject to section 5b of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605b, the parent may also complain to the circuit court for support for a child or children after they reach 18 years of age. The proceedings shall be commenced by the filing of a complaint verified by the petitioner and by issuance of a summons that shall be served upon the noncustodial parent of the children and spouse of the petitioner in the manner provided by court rules for the service of process in civil actions. A complaint shall not be filed and a summons shall not be issued if divorce or separate maintenance proceedings are then pending between the petitioner and his or her spouse.
History: 1966, Act 138, Eff. Mar. 10, 1967 ;-- Am. 1983, Act 196, Imd. Eff. Nov. 7, 1983 ;-- Am. 1990, Act 237, Imd. Eff. Oct. 10, 1990 ;-- Am. 2002, Act 8, Imd. Eff. Feb. 14, 2002 ;-- Am. 2009, Act 236, Imd. Eff. Jan. 8, 2010
Notes of Decisions
Cited in
27
cases (
4 in the last 5 years), 1973–2026 · leading case:
Smith v. Smith
Smith v. Smith (1989)
mich · cites it 8×
“[15] The dissent points to the Family Support Act, MCL 552.451 et seq. ; MSA 25.222(1) et seq.”
Fisher v. Belcher (2006)
michctapp · cites it 5×
“Plaintiff argued that the custody issue related back to her initial pleading for child support because the Family Support Act (FSA), MCL 552.451 et seq., provides for custody in specific instances.”
Lme v. Ars (2004)
michctapp · cites it 4×
“The court found no provision in the Family Support Act, MCL 552.451 et seq., that entitled LME to her requested relief or that prohibited the court from refusing to grant relief under the circumstances presented in this case.”
Phinisee v. Rogers (1998)
michctapp · cites it 4×
“Accordingly we conclude that the trial court in the instant case erred in concluding that, as a matter of law, support is restricted to the period commencing with the filing of the complaint.”
Macomb County Department of Human Services v. Anderson (2014)
michctapp · cites it 3×
“Plaintiffs, Macomb County Department of Human Services (DHS) and Jessica Glambin (Glambin), appeal as of right an order dismissing plaintiffs’ claim against defendant, Keith Anderson, in this child support enforcement action brought under the Family Support Act, MCL 552.451 et…”
Foster v. Wolkowitz (2010)
mich · cites it 2×
“However, the Family Support Act, MCL 552.451 et seq., specifically permits a custodial parent to petition the circuit court for support “to provide necessary shelter, food, care, and clothing for the child.”
In re KMN (2015)
michctapp
“200 applies to (1) actions for divorce, separate maintenance, the annulment of marriage, the affirmation of marriage, paternity, family support under MCL 552.451 et seq.[,] the custody of minors under MCL 722.”
SAN JOAQUIN CTY. CAL. v. Dewey (1981)
michctapp
“” 2 We also note the possible use of provisions in The Family Support Act, MCL 552.451 et seq.; MSA 25.222(1) et seq.”
Sumerix v. Sumerix (1981)
michctapp
“Section 1 of the act, MCL 552.451; MSA 25.222(1), provides that "[n]o complaint shall be filed nor *10 shall any summons issue if divorce or separate maintenance proceedings are then pending between the petitioner and her husband”.”
Sword v. Sword (1975)
michctapp · cites it 2×
“[4] MCLA 552.451 et seq.; MSA 25.222(1) et seq.”
Amato v. Sanborn (1973)
michctapp · cites it 2×
“See § 1 of the Act, MCLA 552.451; MSA 25.222(1), wherein it is stated in part: "No complaint shall be filed nor shall any summons issue if divorce or separate maintenance proceedings are then pending between the petitioner and her husband.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.