The service fee is $3.50 per month in addition to the Payer’s (person who pays child support) assessed child support.  For example, if child support is calculated at $250.00 per month, the Payer actually pays $253.50 per month.  This $3.50 is not received by the Payee (person who receives child support); this service fee is assessed to reimburse the Friend of the Court for its services.

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?”

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.

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.

Child support orders can be modified by right if (1) it has been three years since the court has reviewed the child support in the case or (2) if the petitioning party can prove a “change in circumstance” since the last child support order.

The court itself will decide what constitutes a modification in order to conduct a review for child support purposes. Change of circumstances can include: an increase or decrease of income, retirement, illness, increased needs of the children, additional daycare expenses, and new children are born to either party. Other instances can also meet the change of circumstance threshold to invoke a child support review.

A person petitioning for a Modification of Child Support should also understand that by petitioning the court to review child support, the actual amount of child support could increase to the Payer as easily as it can decrease. When the court reviews a motion to modify child support, the court reviews the income of both of the parties as well as the needs of the child. Therefore depending on the facts of the case when a review ensues, the result could be detrimental to the petitioning party who assumed that child support would indeed decrease.

A servicemember’s income, used to calculate child support, includes:

• Basic and Specialty Pay (BAS);
• Basic Allowance for Housing Type II rate (BAH-II);
• Allowance for Quarters and Rations;
• Veterans’ administration benefits;
• G.I. benefits (other than your education allotment);
• Drill Pay; and
• Reenlistment bonuses

If you know that you are going to be incarcerated or if you are currently incarcerated, you should know that your child support obligation does not automatically stop. In order to stop or reduce your child support payments, during your incarceration, you need to file a motion with the friend of the court where your child support obligation is pending. If you have more than one child support obligation in more than one county, then you need to file a motion in each county.   When filing a motion, always keep a copy of your motion for your records.

It is important to file this motion immediately. Delaying the filing of this motion may give up some of your rights.

The service fee is $3.50 per month in addition to the Payer’s (person who pays child support) assessed child support. For example, if child support is calculated at $250.00 per month, the Payer actually pays $253.50 per month. This $3.50 is not received by the Payee (person who receives child support); this service fee is assessed to reimburse the Friend of the Court for its services.

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?”

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.