Michigan Friend of the Court: What They Do and How to Work With Them

What is the Friend of the Court?

The Friend of the Court (FOC) is a Michigan-specific court agency that assists circuit courts with domestic relations cases involving children. Every Michigan county has an FOC office, established under the Friend of the Court Act (MCL 552.501-552.535). The FOC's role is not to represent either parent; it exists to protect the interests of minor children and to help the court administer custody, parenting time, and child support orders.

If you are going through a divorce with children in Michigan, you will interact with the FOC. Understanding how the office works gives you a significant advantage.

What does the FOC do?

The FOC has four core functions in Michigan family law cases:

1. Child support enforcement. The FOC collects and distributes child support payments through the Michigan State Disbursement Unit (MiSDU). When a parent falls behind, the FOC initiates enforcement actions including wage garnishment, tax intercept, license suspension, and contempt proceedings. Michigan's FOC system collects over $2 billion in child support annually.

2. Custody and parenting time investigations. When parents disagree about custody or parenting time, the FOC conducts investigations and makes recommendations to the court. An FOC investigator may interview parents, visit homes, speak with teachers or counselors, and review records before submitting a recommendation.

3. Referee hearings. Most routine motions in family law cases are heard by FOC referees rather than judges. Referees are attorneys employed by the FOC who conduct hearings on support modifications, parenting time disputes, and enforcement actions. A referee's recommendation becomes an order unless a party objects.

4. Mediation. Many FOC offices offer mediation services for parenting time disputes. Mediation is often required before a hearing is scheduled.

How FOC referee hearings work

Referee hearings are less formal than proceedings before a judge, but they carry real weight. Here is what to expect:

• You will receive a notice of hearing in the mail or through the court's electronic filing system
• The hearing typically lasts 15 to 45 minutes
• Both parties can present evidence, call witnesses, and make arguments
• The referee issues a "recommended order" after the hearing
• Under MCL 552.507(5), either party has 21 days to file an objection to the recommended order
• If no objection is filed, the recommended order becomes a final court order

Important: Treat a referee hearing as seriously as a hearing before a judge. The referee's recommendation will become law unless you object, and judges frequently adopt referee recommendations even after objection.

How to file an objection to an FOC recommendation

If you disagree with a referee's recommended order, you must file a written objection with the court within 21 days under MCL 552.507(5). The objection should:

• Identify the specific findings or conclusions you disagree with
• State the reasons for your disagreement
• Request a hearing before the judge (called a "de novo" hearing)

At the de novo hearing, the judge reviews the matter fresh. The judge is not bound by the referee's recommendation, but in practice, judges frequently give weight to the referee's findings. Come prepared with evidence that supports your position.

Opting out of FOC services

Michigan allows parents to partially opt out of FOC services under MCL 552.505b. Both parents must agree in writing, and the court must approve. When you opt out, the FOC no longer mediates disputes, investigates complaints, or enforces the order. You can opt out of some services while keeping others, such as keeping payment processing through MiSDU while opting out of enforcement.

Opting out makes sense when both parents communicate well and can resolve disputes without court intervention. It does not make sense when there is a history of nonpayment, domestic violence, or high conflict.

Common FOC disputes and how to handle them

Child support amount. If you believe the child support calculation is wrong, your first step is to verify the numbers. The FOC uses the Michigan Child Support Formula (MCSF), and errors in income figures or overnight counts are the most common causes of incorrect calculations. See our guide to the Michigan Child Support Formula for details on how the calculation works.

Parenting time enforcement. If the other parent is denying your court-ordered parenting time, file a written complaint with the FOC. The FOC must respond within 56 days under MCL 552.511. The response may include mediation, a joint meeting, or a show-cause hearing. Document every denied parenting time instance with dates and details.

Support modification. Either parent can request that the FOC review the child support order. The FOC is required to review the order at least every 36 months upon request. A modification requires a "change of circumstances" such as a significant change in income, job loss, or a change in the parenting time schedule.

Custody disputes. For contested custody matters, the FOC may be ordered to conduct a full investigation under MCL 552.505(1)(b). The investigator evaluates the best interest factors under MCL 722.23 and submits a recommendation to the court.

Tips for working with the FOC

1. Respond to every notice promptly. Ignoring FOC correspondence does not make it go away. Failure to appear at a hearing results in a default recommendation against you.
2. Keep records. Document parenting time exchanges, communications with the other parent, and any issues that arise. The FOC relies heavily on documentation.
3. Be accurate on financial forms. The FOC uses your financial information to calculate support. Incorrect or incomplete information leads to incorrect support amounts.
4. Use the FOC complaint process before filing motions. Courts often expect you to exhaust FOC remedies before bringing a motion to the judge.
5. Be respectful to FOC staff. FOC caseworkers and referees handle enormous caseloads. Being organized, on time, and courteous makes your case easier to process.

How Autonomy can help

Autonomy (autonomy.legal) is built by a Michigan family law attorney who works with FOC offices across the state. When you use Autonomy to prepare your divorce documents:

• Child support is calculated using the exact Michigan Child Support Formula the FOC uses, so your numbers match what the FOC produces
• Paige, our AI assistant, guides you through the required FOC forms (FOC 23, FOC 10/52) conversationally, eliminating the confusion of filling out government forms
• Your parenting time schedule is documented clearly in a format FOC offices expect
• All calculations and documents are ready for FOC review from day one, reducing delays

Getting the paperwork right the first time means fewer trips to the FOC office and a smoother path to finalizing your divorce.

Visit autonomy.legal to get started.