FOC Services
Friend of the Court Services
Required Forms
The use of the following forms is mandated in all FOC cases:
A person that receives Medicaid, TANF, FIP, or other benefits is required to apply for Title IV-D services (support) per DHHS policy. Therefore, parties who apply for any of these assistance programs may not opt out of FOC services.
Domestic Violence
Opt-Out But Payments to MiSDU
Services the FOC Cannot Provide
Opening or Reopening an FOC Case (Opt-In)
Michigan law requires the Friend of the Court office to open and maintain a friend of the court case for all domestic relations matters involving minor children unless ordered otherwise. Friend of the Court services involve the administration and enforcement of the court's orders. MCL 552.505a
Required Forms
The use of the following forms is mandated in all FOC cases:
- Application for Title IV-D Child Support Services (DHS 1201-D): In domestic relations actions with minor children, either party may request child support services.
- Verified Statement (FOC 23): In actions involving a minor, child support, or spousal support, the party seeking relief must provide this form to the FOC and must attach a copy to papers served on the other party. MCR 3.206(B)
- Judgment Information Form (FOC 100): The party submitting an initial or modification of an order awarding custody, parenting time, or support must submit a copy of this form to the FOC and other party. Orders that change prior support, custody or parenting time orders must report changes on the judgment information form. MCR 3.211
- Uniform Support Order: The court is required to use a Uniform Child Support Order (FOC 10 or FOC 10a) when ordering child support and a Uniform Spousal Support Order (FOC 10b or FOC 10c) when ordering spousal support. Every order that deviates from the formula must also include a deviation addendum (FOC 10d).
Opt-Out of FOC Services
When parties opt out of FOC services, they assume full responsibility for the administration and enforcement of the court’s orders, and the FOC may no longer engage in those activities. MCL 552.505a
Statutory Procedure for Opt-Out
In all new and existing domestic relations cases, parties who agree to manage their own case must file a motion with the court requesting an order exempting their case from all FOC services. The motion must allege that:
1. There is no evidence of domestic violence or unequal bargaining power between the parties.
2. Granting the relief requested would not be against the best interests of any child in the case.
3. The parties have signed form FOC 101 advising them of the services they will not receive if their motion is granted.
4. No money is due to the State because of past public assistance for a child in the case.
5. Neither party receives public assistance for a child in the case now or at any time in the past.
6. No arrearage, custody, or parenting time order violation has occurred in the last 12 months.
7. Neither party has reopened a Friend of the Court case in the last 12 months.
Both parties must also sign and file an acknowledgment form, Form FOC 101 (Advice of Rights Regarding Use of Friend of the Court Services), which provides a list of services that the FOC provides. The parties must also prepare and submit an Order Exempting Case from Friend of the Court Services, Form FOC 102, with their motion.
Public AssistanceA person that receives Medicaid, TANF, FIP, or other benefits is required to apply for Title IV-D services (support) per DHHS policy. Therefore, parties who apply for any of these assistance programs may not opt out of FOC services.
Domestic Violence
Other factors that may prevent the parties from opting out of FOC services include a history of domestic violence or uneven bargaining power between the parties. If domestic violence has occurred, a party may feel coerced to opt out of the FOC system even though doing so is against his or her best interests.
Opt-Out But Payments to MiSDU
If an opt-out order is entered by the court, the parties may still make their child support payments through the MiSDU. This is accomplished by checking the appropriate box on the Order Exempting the case from FOC services. In these instances, the only services that will be provided are MiSDU’s payment processing and recordkeeping services. If the parties do not choose to have payments made through MiSDU and subsequently opt back into the FOC, the FOC system will only monitor those support payments that fall due after the FOC case file is reopened. The FOC is not responsible for the enforcement of any payments that were not made during the period of time when the parties had opted out.
Services the FOC Cannot Provide
Once an order exempting a case from FOC services has been entered, the parties assume full responsibility for the administration and enforcement of the court’s orders. The FOC cannot be involved in enforcement, investigation, or accounting functions for custody, parenting time, or support. This applies even if support payments are being made through MiSDU.
Opening or Reopening an FOC Case (Opt-In)
If either party applies for public assistance, the FOC is required to open (or reopen) its case file. In addition, parties who have opted out of FOC services may, at some point, change their minds. In these circumstances, either party can request FOC services by filing a Request to Reopen Friend of the Court Case (FOC 104), a Verified Statement (FOC 23), and a completed Application for Title IV-D Child Support Services (DHS 1201-D) is also required. The case file will be reopened when the FOC receives Form FOC 104.
The other party cannot object to the case being reopened. Re-opening a case does not require that a motion be filed; therefore, no filing fee may be charged to a party opting back into the FOC system. However, if you are opting back into the FOC and there is not a current order for custody, parenting time, or support, a motion will have to be filed for those issues.