Friend of the Court
The Friend of the Court (FOC) offices in Michigan divorce cases are designed to help people with matters involving child custody, child support, and parenting time. FOC assists throughout divorce proceedings and after the divorce has been finalized. The family law attorneys at BBA Law in Shelby Township, MI, will explain how this office can help support you through potentially difficult elements of divorce.
Definition of Friend of the Court
A division of the circuit court, the Friend of the Court is a free service that addresses matters involving minor children and enforces child support payments. If there are difficulties, arguments, or problems with existing recommendations or rulings regarding child custody, parenting time, or child support, the FOC investigates to make sure the best interests of the children are prioritized.
What a Friend of the Court Investigation Involves
During a Michigan divorce, there are often arguments between divorcing couples about the custody of minor children. Parents who disagree are often unhappy with how parenting time is being divvied up or take issue with how much child support they pay or receive. During an investigation, the FOC interviews both parties, the children, and all relevant documentation to prepare a report and make recommendations. The goal, as always, is to decide what is in the best interests of the child.
There are many elements the FOC takes into consideration as they assess a situation, most notably looking for the ability of both parties to:
- Properly care for the child (provide food, clothing, medical care, education, etc.).
- Establish and maintain a stable environment.
- Ensure that mental and physical health are prioritized.
- Willingly co-parent with the former spouse to allow for a continuing parent-child relationship with the non-custodial parent.
- Clearly show proof of love, affection, and emotional connection.
Depending on the child’s age, the FOC may consider the child’s preferences about who they want to live with or spend the most time with.
How FOC Determines Parenting Time and Child Support
There is a child support guideline in the state of Michigan that provides child support recommendations in divorce cases. Factors taken into consideration can include:
- Net income of the non-custodial parent.
- Childcare expenses.
- Health of the children.
- Medical expenses.
To simplify the matter of child support and minimize difficulties between divorcing couples, there is an established formula that computes child support, calculated monthly. The number of nights a parent has the child overnight is significant when it comes to how much support is owed.
Can You Opt Out of FOC?
It is possible to opt out of the FOC service, and it might be tempting if you have had amicable divorce proceedings so far. Many couples believe they can get along for the sake of the children and prioritize them. Unfortunately, this isn’t always the reality. Child support and income withholding are heavy issues and divorcing couples who don’t like each other all that much anymore can easily find themselves in heated, prolonged arguments.
Financial situations change, as do personal circumstances, like new jobs or relationships or homes. FOC is an important tool that helps diffuse problems before they escalate and enforce rules that your divorce settlement covers. The Friend of the Court makes sure child support is paid and received and your kids are taken care of.
Learn More About Friend of the Court from Michigan Family Law Practice
The FOC is meant to minimize the stress of divorce when it comes to kids. If you have questions about this service, whether it’s right for you, and if it should be part of your divorce, schedule a consultation with the divorce lawyers at BBA Law.
