Last updated: 8/16/2006
Order Regarding Support {FOC 52}
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Description
Form FOC 10 / 52 ORDER REGARDING SUPPORT (UNIFORM SUPPORT ORDER)Use this form if: you had a hearing on your Motion Regarding Support (Form FOC 50) and both you and the other party (and a third party) agree to sign the order without another hearing; or you had a hearing on your Motion Regarding Support (Form FOC 50) and the other party (and a third party) will not sign the order; or you and the other party (and a third party) have agreed on the support and want the court to sign your proposed order without having to file a motion and attend a hearing on the motion.Form FOC 10 / 52 is also to be used along with Form FOC 89<<<<<<<<<********>>>>>>>>>>>>> 2 ORDER CHECKLIST Use the following checklist to make sure you have done all the steps that are needed. DID YOU . . . 1. Fill out all requested information on the form? YES 2. Make all necessary copies? YES 3. Get the judges signature? (NOTE: See pages 3-5 for details) YES 4. Return to the clerks office with all copies of the signed order? YES 5. Make sure the clerk stamps all copies of the signed order? YES 6. Keep one copy of the signed order for yourself? YES 7. Mail (serve) a copy of the order on the other party and on any other custodian/guardian after it was stamped by the clerk? YES 8. Give 2 copies of the completed form to the clerk of the court? YESIf you cannot answer "yes" to all of the above steps, you do not have a valid order. By using this form packet you are representing yourself in a court action regarding support. In order to receive the action you seek, you must follow the instructions in this packet. If you fail to do even one of the required steps, the order you get from the court may not give you the support you want. Note: Regardless of the amount of support you ask for, the court is required to use the Child Support Formula in deciding what support should be, unless the court finds that using the Formula would be unjust or inappropriate. If you filed the motion form FOC 50, you are responsible for prepar- ing the order even if it is not what you asked for. If you have any questions about any steps in the process, refer to pages 3 through 5 of this booklet for details. PAGE 2 <<<<<<<<<********>>>>>>>>>>>>> 3What instructions are in this packet: Page 3 - Instructions for getting a stipulated (mutually agreed upon) order signed Page 5 - Instructions for getting an order signed after a hearing INSTRUCTIONS FOR GETTING A STIPULATED (MUTALLY AGREED UPON) ORDER SIGNED (when both parties have signed the order without a hearing) SIGNING AND FILING OF ORDER NOTE: A hearing on a stipulated order is not necessary unless the judge requests it. 1. Fill out the Order form. Use the instructions on page 6. Since there is only an original of the form in this packet, type or print neatly. Be careful not to make mistakes. Make at least 5 copies of the form after you have filled it out. 2. Approval by friend of the court. In some courts the order has to be approved by the friend of the court before the judge will sign it. Contact the friend of the court office and ask them if the order must be approved by them. Then do either step a. or b. below. a. If the order must be approved by the friend of the court, go to the friend of the court office with the original and 5 copies of the order. Leave the order with the office. Someone from the office should tell you when to come back for the order or should call you when the order has been approved. If you do not hear from the office within 5 days, call them to find out when to pick up the order. Go back and pick up the order. Then do step 3. below. b. If the order does not need to be approved by the friend of the court, do step 3. below. 3. Get the Order to the judge. Since the other party or third party has signed the order, contact the friend of the court for instructions to get the order signed by the judge. Listen carefully to all the instructions for getting the order signed. Every circuit has a different way of handling the signing of orders. Ask when to come back for the signed order. If the signed order is sent to the county clerk by the judge, you wont have to pick it up. PAGE 3<<<<<<<<<********>>>>>>>>>>>>> 44. Pick up the signed order. If the other party or third party signed the order and you dropped it off for the judges signature, go back and pick it up on the day and time you were told unless the judge sends the signed order to the county clerk for you. If you have to pick up the order, make sure you pick up the original and all 5 copies of the order.5. Return to the county clerk. Once you have the signed order (FOC 10 / 52), bring the original and 5 copies with you. The clerk will stamp the order, keep the original and 1 copy and return the other 4 copies to you. The county clerk will deliver 1 copy to the friend of the court. SERVING THE ORDER ON THE ORDER PARTY OR PARTIES1. Serve the signed order on the other party. The other party must be served with (notified of) 1 copy of the signed order. NOTE: Serve the papers by mailing them to the other party by regular, first class mail. What you need for service: 1 Copy of FOC 10 / 52 - for the other party 2 Copies of FOC 10 / 52 - for proof of service Any additional copies of FOC 10 / 52 - for other custodian or guardian if there is someone other than the other parent who has care or custody of the child(ren). Mail 1 copy to the other party. If there is a custodian or guardian, mail 1 copy to them. Then fill out the Certificate of Mailing on the front of the remaining 3 copies. Keep 1 copy for your own records. 2. Return to the county clerk. Once you have mailed the order and filled out the certificate of mailing on the remaining 3 copies, return to the county clerks office with 2 copies. Remember to keep 1 copy for your own records. The clerk will deliver 1 copy to the friend of the court.PAGE 4 <<<<<<<<<********>>>>>>>>>>>>> 5 INSTRUCTIONS FOR GETTING THE ORDER SIGNED AFTER A HEARING SIGNING AND FILING OF AN ORDER 1. Fill out the Order form. Normally you will fill out the order at the hearing on the motion. Use the instructions on page 6. Since there is only an original of the form in this packet, type or print neatly. Be careful not to make mistakes. Make copies of the form based on the instructions on either page 3 of this booklet or in booklets for forms FOC 53 or FOC 54 depending on your situation. 2. Approval by friend of the court. In some courts the order has to be approved by the friend of the court before the jud