FAQ: Do I Have to Go Through Friend of the Court?

Denise Couling, Michigan Attorney & Mediator

ANSWER: It is possible to "opt out" of Friend of the Court (FOC) Services in Michigan. There are many good reasons to use the Friend of Court -- the most well known being the ability to garnish child support payments directly from a parent's earnings. However, many Michigan parents prefer to handle support payments by themselves -- and can do so successfully.

If both parties agree and if neither party or the children receive certain types of public assistance or benefits, then there is a process to request to "opt out" of FOC services. (One party cannot "force" the other to choose not to use the Friend of the Court's Services; it must be a voluntary and mutual decision.)

The process of opting out of Friend of the Court services can vary by county. And, again, the ability to opt out depends on the agreement of the parties and the circumstances of each case. At Banfield Couling Law and Mediation, PLLC, we have successfully assisted many clients opt out of FOC services in Livingston, Washtenaw, Oakland and Genesee Counties.


PLEASE NOTE: This blog is not intended to constitute legal advice.  We do not recommend making important decisions of the type addressed in this article without specific legal advice in advance.