Provisions that are Unenforceable by the F.O.C.

                                             
                                
If you believe these provisions have been violated you can file a motion before the court using your own legal resources or in pro per acting as your own legal counsel. The self-help library at the State Court Administrator’s Office (SCAO) web site and your local library may be of assistance.                                     


                                                                                                    

Legal Custody allows a parent’s right under Michigan Law to participate in certain decisions concerning a child’s health, education and welfare. In addition it allows for parents to obtain documents and medical care for their children. (For a full definition please see the definitions link).

Change of Domicile/Residence provisions of court orders require parents to maintain the child’s residence in the State of Michigan (Domicile) and not to move more than 100 miles from the place of residence at the time the action was filed

Property provisions of court orders concerning financial matters such as bills, division of assets such as cars and homes, and many other non-child related issues are not enforceable by the Friend of the Court.

Oral Rulings of the Court are not enforceable until they are placed in writing and a Judge signs the order. If a provision is left out of an order it is the parties responsibility to see it is entered into the court order.

Direct Child Support Orders are not enforceable by the Friend of the Court. Parties can file a motion for enforcement or request modification of their order to make it payable through the Friend of the Court.

Tax exemptions maybe included in an order but are not child support issues. Laws governing this topic are under the jurisdiction of the Internal Revenue Service (IRS).

Non-monetary shared economic support are things such as extra curricular activities, drivers training, school pictures, clothing, haircuts etc. When parties agree to share joint custody these types of expenses become the responsibility of both parents and are not a portion of the child support order. A special order is needed for enforcement of these types of expenses.
                                                       

                                                      

                                      

Page Last Modified: May 16, 2008 at 10:33 am