Step-by-Step Guide- How to File a Motion with the Friend of the Court for Support

How to File a Motion with the Friend of the Court

Navigating the legal system can be overwhelming, especially when it comes to filing a motion with the Friend of the Court. The Friend of the Court (FOC) is an independent agency that provides services to the family court, including child support enforcement, custody evaluations, and mediation. If you find yourself in a situation where you need to file a motion with the FOC, here’s a step-by-step guide to help you through the process.

1. Understand the Purpose of the Motion

Before you begin the filing process, it’s crucial to understand the purpose of your motion. Motions can be filed for various reasons, such as requesting a modification of child support, seeking custody or visitation changes, or addressing other family law issues. Be clear about the specific relief you are seeking to ensure that your motion is properly drafted and presented.

2. Gather Required Documentation

To file a motion with the Friend of the Court, you will need to gather certain documentation. This may include:

– Proof of service: If you are filing a motion that requires the other party to be notified, you will need to provide proof that they were served with the motion and any accompanying documents.
– Financial statements: If you are seeking a modification of child support, you will need to provide current financial statements for both parties.
– Previous court orders: Any existing court orders related to the matter you are addressing in your motion should be included.

3. Draft the Motion

Once you have gathered all the necessary documentation, it’s time to draft your motion. The motion should include the following elements:

– Title: Clearly state the purpose of the motion in the title, such as “Motion to Modify Child Support.”
– Introduction: Briefly explain the background of the case and the reasons for filing the motion.
– Relief requested: Clearly state the specific relief you are seeking, such as a modification of child support or a change in custody.
– Supporting arguments: Provide supporting arguments and evidence to support your request.
– Signature and date: Sign and date the motion.

4. File the Motion

After drafting the motion, you will need to file it with the Friend of the Court. To do so, follow these steps:

– Visit the FOC office: Take your completed motion and all required documentation to the local Friend of the Court office.
– Pay any filing fees: Some jurisdictions may require you to pay a filing fee. Check with your local FOC office for the specific amount and payment options.
– Submit the motion: Hand over your completed motion and documentation to the FOC staff, who will process the filing.

5. Serve the Other Party

If your motion requires the other party to be notified, you will need to serve them with a copy of the motion and any accompanying documents. This can be done through certified mail, in-person delivery, or by hiring a professional process server. Be sure to keep proof of service for your records.

6. Attend Any Required Hearings

After filing your motion, the court may schedule a hearing to address the issues raised. Be prepared to attend the hearing and present your case to the judge. If you have legal representation, ensure that they are present as well.

By following these steps, you can successfully file a motion with the Friend of the Court. Remember to keep organized records and communicate with the FOC throughout the process to ensure the best possible outcome.