Parties are not required to use the services of the Friend of the Court. Parties
may file a motion to “Opt Out” of the Friend of the Court. Opting out of the Friend
of the Court does not eliminate the obligation to pay support. The obligation is
simply not paid or enforced through the Friend of the Court. Parties may elect in
initial pleadings to opt out of the Friend of the Court. The court must find the
- There is no evidence of domestic violence or unequal bargaining position between
- Granting the parties the relief they have requested would not be against the best
interests of any child in the case.
- The parties have filed executed copies of a form advising them of the services they
will not receive if their motion is granted.
- Neither party received public assistance for a child during the life of the
- No money is due the state because of past public assistance for a child in the case.
- No arrearage or custody or parenting time order violation has occurred in the last
12 months in the case.
- Neither party has reopened a Friend of the Court case in the last 12 months.
The Advice of Rights form and Order Exempting Case from Friend of the Court services
is available at the Friend of the Court office. If parties have opted out of the
Friend of the Court, either party may request reinstatement of the order through
the Friend of the Court Office. If a case is reopened after opting back in, the
case must remain with the Friend of the Court for one year. If a full TANF grant
or Medicaid is received on behalf of a minor child of the case, the case will automatically
be reopened in the Friend of the Court.