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: