Rule 3.211.Judgments and Orders

A domestic relations judgment has to do more than announce a result. It must say certain things, in a certain form, on certain paper, and reach certain people. MCR 3.211 is that checklist, and it is what keeps the friend of the court able to administer a judgment years after the file goes quiet.

Form and required content

Subrule (A) asks for a readable document: each separate subject sits in its own paragraph under an appropriate heading. Subrule (B) lists what a judgment of divorce, separate maintenance, or annulment must include: the insurance provisions required by MCL 552.101, a determination of the parties' rights in pension, annuity, and retirement benefits as required by MCL 552.101(3), a determination of property rights, and a provision reserving or denying spousal support when it is not granted. That last item carries a default that catches drafters: a judgment silent on spousal support reserves it.

Custody judgments

Subrule (C) fixes three provisions in any judgment or order awarding custody of a minor: the child's domicile or residence may not be moved from Michigan without approval of the judge who awarded custody or that judge's successor; the person awarded custody must promptly notify the friend of the court in writing when the child moves to another address; and a parent whose custody or parenting time is governed by the order may not change the child's legal residence except in compliance with section 11 of the Child Custody Act, MCL 722.31.

The Uniform Support Order

Under subrule (D)(1), support terms travel on the latest version of the Uniform Support Order approved by the state court administrative office, which accompanies any judgment or order affecting child or spousal support, with both documents signed by the judge. Where support alone is ordered, only that document goes in, and if the two disagree the Uniform Support Order governs. Subrule (D)(2) makes the point structural: no judgment or order concerning a minor or a spouse enters unless it incorporates a Uniform Support Order by reference or states that none is required because support is reserved or spousal support is not ordered.

Arrears, entry, review, and service

• Subrule (E) preserves all support arrearages owing to the state on entry of a final order or judgment unless the court orders otherwise, and lets the court waive or reduce them on a showing of good cause and notice to the friend of the court, the prosecuting attorney, and other interested parties.
• Subrule (F)(1) gives the moving party 21 days after the court renders an opinion or the settlement agreement is placed on the record to submit a judgment, an order, or a motion to settle it, absent an extension.
• Subrules (F)(2) through (F)(4) run on the Domestic Relations Judgment Information form, which goes to the friend of the court and, unless the court orders otherwise, to the other parties, with a proof of service filed. A modification before signing triggers a new form within 7 days if the information changed, and before signing a judgment or order awarding child or spousal support the court must determine both that the submitting party certified the form went to the friend of the court and that any judgment or order concerning a minor or a spouse carries a Uniform Support Order or explains why one is unnecessary.
• Subrule (G) lets the court route the judgment to the friend of the court to confirm it carries what subrules (C), (D), (E), and (F) require.
• Subrule (H) handles delivery: a copy of a support or separate maintenance judgment goes to the clerk immediately for filing with the friend of the court, the party ordered to pay is served under MCR 2.602(E)(1) even if in default, and the record of divorce and annulment required by MCL 333.2864 is filed with the judgment.