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Order Exempting Case From Friend Of The Court Services Form. This is a Michigan form and can be use in Domestic Relations Statewide.
Tags: Order Exempting Case From Friend Of The Court Services, FOC 102, Michigan Statewide, Domestic Relations
Approved, SCAO Original - Court 1st copy - Plaintiff 2nd copy - Defendant 3rd copy - Friend of the court STATE OF MICHIGAN JUDICIAL CIRCUIT COUNTY Court address ORDER EXEMPTING CASE FROM FRIEND OF THE COURT SERVICES (PAGE 1) CASE NO. Telephone no. Plaintiff's name, address, and telephone no. Defendant's name, address, and telephone no. v Attorney: Attorney: Date of hearing: Judge: Bar no. THE COURT FINDS: 1. There is no evidence of domestic violence or of an unequal bargaining position between the parties in the case. 2. Granting the parties the relief they have requested would not be against the best interests of any child in the case. 3. The parties have filed executed copies of a form advising them of services they will not receive if their motion is granted. 4. Neither party receives public assistance. 5. No money is due the governmental entity because of past public assistance in the case. 6. No arrearage or custody or parenting-time order violation has occurred in the last 12 months in this case. 7. Neither party has reopened a friend of the court case in the last 12 months. 8. The parties do not want Title IV-D services and have requested that any existing Title IV-D case be closed. (Note: should be checked unless exceptional circumstances exist that entitle the Title IV-D case to remain open.) This box IT IS ORDERED: 9. Subject to the provisions of item 14 below, this case is not a friend of the court case. 10. This case is not a Title IV-D case. (Note: This box should be checked if item 8 has been checked.) 11. The friend of the court shall not be involved in the enforcement, investigation, or accounting functions for custody, parenting time, or support in this case. 12. The parties are responsible for all enforcement and accounting functions for custody, parenting time, or support in this case. (See page 2 for the remainder of the order.) Do not write below this line - For court use only American LegalNet, Inc. www.FormsWorkFlow.com FOC 102 (3/15) ORDER EXEMPTING CASE FROM FRIEND OF THE COURT SERVICES, PAGE 1 MCL 552.505, MCL 552.505a Approved, SCAO Original - Court 1st copy - Plaintiff 2nd copy - Defendant 3rd copy - Friend of the court STATE OF MICHIGAN JUDICIAL CIRCUIT COUNTY Court address ORDER EXEMPTING CASE FROM FRIEND OF THE COURT SERVICES (PAGE 2) CASE NO. Telephone no. Plaintiff's name v Defendant's name 13. Except as indicated below, there is no income withholding in this case, support will be paid directly by the payer to the payee, and the friend of the court shall terminate any existing income withholding. Should this case become a friend of the court case, the payer must keep the friend of the court advised of the name and address of the payer's source of income and any healthcare coverage that is available to the payer as a benefit of employment or that the payer maintains, including the name of the insurance company, health-care organization, or health maintenance organization; the policy, certificate, or contract number; and the names and birth dates of the persons for whose benefit the payer maintains the coverage. a. Child support shall be paid through the Michigan State Disbursement Unit (MiSDU) by income withholding to the extent allowed by statutes and court rules; however, the friend of the court is not responsible for income withholding. The friend of the court shall notify the employer that it is no longer involved in the case and that any further information concerning income withholding will be provided by the parties. b. Child support shall be paid through MiSDU by the payer. 14. If child support payments are to be made through MiSDU by income withholding or otherwise, the friend of the court shall not close the friend of the court case until MiSDU notifies the friend of the court that it has been provided with the information necessary to process the child-support payments. There will be no accounting for support that is not paid through MiSDU. 15. The friend of the court shall open a friend of the court case if a party applies for or receives public assistance, a child is placed in foster care, or either party submits to the friend of the court a written request to reopen the friend of the court case. If this case becomes a friend of the court case for any reason, the following provisions shall apply. a. The parties must cooperate fully with the friend of the court in establishing the case as a friend of the court case. b. The parties must provide copies of all orders in their case to the friend of the court. c. The parties must supply any documents that a party to a friend of the court case is required to supply if they have not already done so. d. The friend of the court is not responsible for determining any support arrearage that is not indicated by payment made through MiSDU. e. Support is payable through MiSDU effective the date the case becomes a friend of the court case. f. The friend of the court may prepare and submit, ex parte, a uniform support order that contains all the statutory requirements of a Michigan support order as long as the order does not contradict the existing support order. g. At the request of the friend of the court, the parties shall complete a Verified Statement and Application for Title IV-D Services. Date Judge CERTIFICATE OF MAILING I certify that on this date I served a copy of this order on the parties or their attorneys by first-class mail addressed to their last-known addresses as defined in MCR 3.203. Date FOC 102 (3/15) Signature ORDER EXEMPTING CASE FROM FRIEND OF THE COURT SERVICES, PAGE 2 American LegalNet, Inc. www.FormsWorkFlow.com