What does opting out of the Friend of the Court mean?

Opting out of the Friend of the Court means the Friend of the Court will not in involved in your case.

If the parties opt out of Friend of the Court services, the Payer of support will pay the Payee of support directly. The Friend of the Court will have no responsibility to enforce child support which includes collecting child support or initiating an income withholding order. The Friend of the Court will not keep track of child support payments and therefore cannot provide either party with an accounting if such payments are in dispute. The Friend of the Court will not attempt to resolve parenting time complaints or enforce any parenting time orders.

To find out whether parties can opt out of Friend of the Court services see blog post, “Will the Friend of the Court be involved in my case?”

What does the Friend of the Court do?

The Friend of the Court provides information on the proceedings to the parties. The Friend of the Court will usually, depending on the county, schedule a meeting with both parties in attempt to resole issues of custody, parenting time, and/or child support. If the parties cannot reach an agreement in regards to custody, parenting time, and child support the Friend of the Court will investigate such issues and make a recommendation. If one (or both) party disagrees with the recommendation, he /she will have the opportunity to make an objection and proceed accordingly.

Will the Friend of the Court be involved in my case?

If you have children, the Friend of the Court will likely be involved in your case unless you and the other party agree to opt out of Friend of the Court Services.

You may not opt out of Friend of the Court services if you or the other party is receiving Title IV-D services, there is evidence of domestic violence, or if unequal bargaining power exists.