Family Law Bench Book
- Form of Orders-
- All spousal support orders must be on a Uniform Spousal Support Order, available on the State Court Administrator web site, FOC 10b or 10c and must be submitted with a Judgment Information Form, FOC 100.
- When filling out the USSO, paragraph 1, support to be paid directly to third parties should be listed in the grid, along with the names of the third parties; support payable to the payee is stated directly above the grid.
- Paragraph three determining the duration of support MUST be completed.
- Paragraph four must be checked if the support is to be tax deductible to the payer.
- The Uniform Support Order contains all the statutory language required in support orders and the language need not be repeated in the judgment or order that incorporates the uniform order. The judgment or order must still conform to the requirements of MCR 3.211.
- If there is a conflict between the terms of the judgment or order and the Uniform Support Order, the Uniform Support Order will control.
- General Considerations
- Temporary spousal support - May be requested by motion at any time prior to trial.
- Some judges may require mediation before the motion is heard.
- The moving party may wish to provide the Court and the opposing party with recent FOC spousal support guideline printout.
- A USSO without Friend of the Court services requires a separate order opting out. See the Opt Out section of this benchbook.
Links to forms: