Opt Out of the Friend of the Court Services

Parties are not required to use the services of the Friend of the Court. Parties may file a motion to “Opt Out” of the Friend of the Court. Opting out of the Friend of the Court does not eliminate the obligation to pay support. The obligation is simply not paid or enforced through the MiCSES. Parties may elect in initial pleading to “opt out” of the Friend of the Court, the court must find the following:

• There is no evidence of domestic violence or unequal bargaining position between the parties

• Granting the parties the relief they have requested would not be against the best interest of any child in the case

• The parties have signed and filed the Advice of Rights Form advising them of the services they will not receive if their request is granted

• Neither party receives public assistance for the child in this case

• No money is due the state because of past public assistance for the child in this case

• No arrearage or custody or parenting time order violations have occurred in the last 12 months in the case

• Neither party has reopened a Friend of the Court case in the last 12 months

The Advice of Rights form and Order Exempting Case from Friend of the Court services is available from the Friend of the Court office. If parties have opted out of the Friend of the Court, either party may request reinstatement of the order through the Friend of the Court office and the case must remain with the Friend of the Court for one year. If a party receive public assistance on behalf of the minor child in this case, the case will automatically be reopened with enforcement through the Friend of the Court.

 

Forms:

Advice of Rights Form

Order Exempting Case from Friend of the Court Services

Re-open Case

Opt Out of Services Form