FOC Information
Duties of the Friend of the Court
Michigan law (MCL 552.517) gives specific duties to the Friend of the Court office.The most important ones are:
1) To provide an informational pamphlet to each party to a domestic relations matter.
--> This means that the FOC office is required to send its handbook to each party at the start of a case.
(You can find a link to the model handbook on my Helpful Links Page.)2) To make available to an individual form motions, responses, and orders for requesting the court to modify the individual's child support, custody, or parenting time order, or for responding to a motion for such a modification, without assistance of legal counsel. The office shall make available instructions on preparing and filing each of those forms and instructions on service of process and on scheduling a modification hearing.
--> So once an order is entered, you can get forms and instructions on how to modify your order for custody, support or parenting time. You still have to pay the filing fees unless you are indigent. You have to argue the motion yourself as the office does not provide legal help. If you are uncomfortable making your own argument, you may want to hire an attorney.3) To make a written report for custody and/or parenting time when there is a dispute and mediation has been refused or unsuccessful.
--> You also have the right to meet with a FOC representative during the investigation. The FOC is required to use the "Best Interests" factors when making a recommendation. (See Best Interest Factors for the statute, or Article on Best Interest Factors for a discussion of them.)4) To make a written report and recommendation for child support when the court requires.
--> Note that the FOC is required to make a child support recommendation only when there is a court order requiring it to do so or if the court has a rule that requires FOC investigations. If you request it, the FOC must meet with you during such an investigation. The FOC is required to use the Michigan Child Support Formula.5) Enforce support orders with arrearages greater than one month.
--> This does not apply where income withholding is effective or the obligor is paying according to the order.6) Review support orders and make a recommendation upon a party's written request.
-->You can request a review every three years. You can do so even if the other party has requested a review within the past three years. When you request a review that is close to an earlier review, you should have a good reason for the request (such as a significant change in employment or income).7) The FOC enforces health care coverage for the children.
-->The FOC system scans for new employers and sends out a "Notice to Enroll" when the order requires a parent to provide health care coverage for the children.8) The FOC enforces unpaid medical bills not covered by insurance.
--> The bills normally cannot be more than one year old. The latest version of the support formula is changing the way medical bills are paid. It is a bit more complicated than can be covered in a few sentences.
FOC Offices in Southeastern Michigan
Genesee County FOC
THE WARSHAY LAW FIRM, PLLC
Telephone: (248) 506-5796
Fax: (248) 246-7976
