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All Just about DivorceThe Michigan Friend of the Court
by:
Jonathan Warshay
The Friend of the Court has specific duties. One of the important duties is to provide forms and manual to the public to file for changes in custody, keep and parenting time. The manual include how to schedule hearings and service of the forms on the different party.
A person makes not need a professional for these forms, tho'
s/he may still bring one to the hearing. The filing fees still must be paid: $80.00 for a motion to change custody or parenting time (support can be enclosed
here), or $40.00 if only keep is addressed. If a person is indigent, s/he can ask the court to waive the fee. Depending on the county, this may be done at the Friend of the Court or the Circuit Court.
The forms are accessible at each Friend of the Court office or may be obtained from the State Court Body
Office (SCAO), part of the Michigan Supreme Court. The site to transfer
the forms is: http://courts.michigan.gov/scao/courtforms/domesticrelations/drindex.htm
When filing a motion, the courts require the person filing to 1st ask the different party whether s/he agrees to the change. If several parties agree, a consent order can be entered. No filing fee is required for a consent order; however the court or Friend of the Court may review the order before entry to do sure that it complies with the law.
Some courts may require an investigation by the Friend of the Court before entering an order dynamic custody or support. During such investigations, the parties have the right to meet with a Friend of the Court representative, but they must be sure to ask (in writing is best).
Finally, the FOC wish review a keep order every three years if either party requests it. The three year limit refers to requests of one party. These reviews are at no cost. If the Friend of the Court finds that the keep figure should be modified (a change of at least $25.00 per month), it wish file a motion to change support.
Each Friend of the Court office has a book of facts with specific information. The SCAO publishes a model handbook, and it can be obtained at:
http://courts.michigan.gov/scao/resources/publications/manuals/focb/focb_hbk.pdf
The book of facts summarizes the friend of the court’s duties and procedures in domestic relations cases, the parties’ rights and responsibilities, and several basic court procedures.
Jonathan Warshay
attywarshay@allvantage.com
www.warshaylawfirm.50megs.com
Just about the author:
Eating apple
Warshay is a former Friend of the Court Staff Professional now in private practice. He specializes in family law (support, custody, paternity, divorce and parenting time) and district court (traffic and misdemeanors) matters. He is fully fledged with the Michigan Child Keep Formula (guidelines).
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