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PROS AND CONS OF OPTING OUT OF FOC SERVICES

January 23, 2016

            Parties who agree that they do not need the FOC’s services do not have to use them in certain circumstances. Those who do not wish to utilize such services may file a joint motion to opt-out and, if the court approves the motion, the parties must then deal with each other directly. Before the court approves a motion to opt-out, the parties must file a document that summarizes the FOC’s services and acknowledge that the parties have chosen not to use those services.

 

            If an opt-out motion is filed at the same time as the complaint that starts the case, the court must order the FOC not to open a case file unless one or more of the following is true:

 

• A party is eligible for “Title IV-D Services” because the party receives or has received in the past “public assistance”

 

• A party has applied for Title IV-D Services

 

• A party has asked the FOC to open a case file

 

• There is evidence of domestic violence or bargaining inequality, and evidence that the opt-out request is against the best interests of a party or the child

 

            After a court case has been started and the FOC has opened a file for that case, the parties may file an opt-out motion requesting the court to order the FOC to close its file. The court will issue the order unless one or more of the following are true:

 

• A party objects to the closure

 

• A party is receiving public assistance

 

• Within the past 12 months, a support arrearage has existed, a custody or parenting-time violation has occurred, or a party has asked the FOC to reopen its case file

 

• There is evidence of domestic violence or bargaining inequality coupled with evidence that the request is against the best interests of a party or the child

 

• The parties have not filed with the court a document, signed by each party, that includes a list of the FOC services and an acknowledgment that the parties are choosing to do without those services

 

 

            Let’s say you have the right to opt out of FOC services – SHOULD YOU?  For families new to the court system, we recommend keeping FOC services for at least one year, while the parenting time kinks and child support payment routine are worked out. If you are a lucky family that does not need the services, then good for you – they will linger there in the background unless and until you do need them.  If things go sideways, wouldn’t you rather have a caseworker to call to mediate a parenting time dispute or a child support worker ready to garnish pay when child support isn’t paid?  If you opt out, you have to do these things on your own unless and until you opt back in. If you are already in, you have the FOC in the proverbial back pocket.  

 

            Parties who opt-out of the FOC’s services must administer and enforce the court’s order on their own. To assure a proper accounting of support payments and that they are considered in future proceedings, parties may make support payments through the MiSDU even after an FOC case file closes.

 

 

            At any time, if a party applies for public assistance, requests any service from the FOC, or requests that the FOC reopen a case, the FOC will reopen the case file. In such situations, the court may request that a party, or the FOC, prepare a written order to reopen the case.

 

You can find the forms you need to opt out, and back in, online at:

 

www.courts.michigan.gov

Tags Resources, Child Support, Parengting Time, Friend of the Court
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STATE FRIEND OF THE COURT BUREAU - WHAT IT DOES, WHY YOU NEED IT AND HOW TO USE IT

January 18, 2016

The Friend of the Court Bureau analyzes statistics; reviews laws, regulations, and court rules; and reviews grievances and responses to provide guidelines for friend of the court operations.  The FOCB assists circuit courts across the state with management assistance to improve local friend of the court operations.  The FOCB also cooperates with the Department of Human Service's Office of Child Support to coordinate FOC offices in providing Title IV-D services.

 

The FOCB's primary functions are to:

  • Establish and implement child support policy and guidelines.

  • Establish and implement parenting time and custody policy and guidelines.
  • Develop and publish information pamphlets for public use.
  • Provide training to FOC offices and their staffs.
  • Develop forms for litigants to use to change child support, custody, parenting time, or domicile or residence, and to obtain a payment plan for support.
  • Develop public education and orientation programs.
  • Develop standards for procedures to transfer part or all of the responsibilities for a case from one office to another.
  • Develop the Michigan Child Support Formula.
  • Develop caseload and staffing standards.
  • Develop guidelines to encourage plain language.
  • Issue an annual grievance report.
  • Certify alternative dispute resolution training programs.
  • Assist the Office of Child Support in developing the Michigan Child Support Enforcement Information System.

You can find a wealth of information, including court forms, parenting resources and local court contact lists, here:  http://courts.mi.gov/administration/scao/officesprograms/foc/Pages/default.aspx

Tags Friend of the Court, Resources, Parenting Time, Child Support
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FRIEND OF THE COURT "SMILE" CLASS

November 7, 2015

Each year over one million marriages end in divorce in the United States. When divorce happens, people feel alone and wonder how anyone else lived through it. SMILE, Start Making It Livable for Everyone, is a program for separating/divorced parents with minor children in Oakland County.  Most counties in Michigan have adopted this program or modeled a program on it.

 

To learn more, and to view the SMILE Handbook, visit:

https://www.oakgov.com/courts/foc/Documents/smile_handbook.pdf

 

 

Tags Resources, Parenting Tim, Child Custody, Friend of the Court
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FRIEND OF THE COURT RESOURCES

February 27, 2015

There are many services available at no or a reduced cost through your county Friend of the Court.  Services fall into two categories, parenting and child support. Although many parents say “the Friend of the Court is not your friend” and would rather not deal with the caseworkers, these services can actually be quite helpful.

 

As for parenting services, the caseworkers help resolve minor disagreements over parenting time, such as who has their child which holiday, that, although important, are too minor to retain an attorney to argue a hearing before the Judge.    The caseworkers can also investigate home and family members if either parent believes, and can substantiate with some reasonable amount of proof, that the other parent’s home is unsafe for children. These services can supplement or follow after services with a parenting time coordinator, depending on   the language used in the order to appoint a parenting time coordinator when one exists. The caseworkers can also, as a final example, recommend and draft modifications for schedules that will become the Judge’s order.

 

As for child support services, the caseworkers monitor and document all support payments, and any arrearages or overpayments, and can assist parents with paperwork to reduce, increase or suspend support payments. The caseworkers can also investigate each parent’s income and ability to pay or need to receive support.    The caseworkers can also, as a final example, recommend and draft support modification orders that will become the Judge’s orders.

 

Some parents choose to opt-out of these services, but for young children and/or new divorces, we recommend parents keep their case open to services for at least one year, while         the parenting time kinks are worked out.

 

You can learn more online with the State Friend of the Court Bureau here: http://courts.mi.gov/administration/scao/officesprograms/foc/Pages/default.aspx

 

Tags Child Support, Parenting Time, Friend of the Court, Tips, Child Custody
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