House Introduced Bill 4530

HOUSE BILL No. 4530


     March 19, 1997, Introduced by Reps. Law, Nye, Goschka, Jellema, Bodem, Walberg, Curtis, Johnson, Dalman and McNutt and referred to the Committee on Judiciary.


        A bill to amend 1846 RS 84, entitled

   "Of divorce,"

   by amending sections 15, 16, and 17 (MCL 552.15, 552.16, and

   552.17), as amended by 1996 PA 9; and to repeal acts and parts of

   acts.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 15.  (1) After the filing of a complaint in an action

 2    to annul a marriage or for a divorce or separate maintenance, on

 3    the motion of either party or the friend of the court, or on the

 4    court's own motion, the court may enter  such  orders concerning

 5    the care, custody, and support of the minor children of the par-

 6    ties during the pendency of the action as the court considers

 7    proper and necessary.  Subject to section  16a  30 OF THE SUPPORT

 8    AND PARENTING TIME ENFORCEMENT ACT, 1982 PA 295, MCL 552.630, the




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 1    court may also order support as provided in this subsection for

 2    the parties' children who are not minor children.

 3          (2) Except as otherwise provided in this section, the court

 4     shall order support in an amount determined by application of the

 5     child support formula developed by the state friend of the court

 6     bureau.  The court may enter an order that deviates from the for-

 7     mula if the court determines from the facts of the case that

 8     application of the child support formula would be unjust or inap-

 9     propriate and sets forth in writing or on the record all of the

10     following:

11          (a) The support amount determined by application of the

12     child support formula.

13          (b) How the support order deviates from the child support

14     formula.

15          (c) The value of property or other support awarded in lieu

16     of the payment of child support, if applicable.

17          (d) The reasons why application of the child support formula

18     would be unjust or inappropriate in the case.

19          (3) Subsection (2) does not prohibit the court from entering

20     a support order that is agreed to by the parties and that devi-

21     ates from the child support formula, if the requirements of sub-

22     section (2) are met.

23          (4) Beginning January 1, 1991, each support order entered by

24     the court shall provide that each party shall keep the office of

25     the friend of the court informed of both of the following:

26          (a) The name and address of his or her current source of

27     income.  As used in this subdivision, "source of income" means



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 1    that term as defined in section 2 of the support and parenting

 2     time enforcement act, Act No. 295 of the Public Acts of 1982,

 3     being section 552.602 of the Michigan Compiled Laws.

 4          (b) Any health care coverage that is available to him or her

 5     as a benefit of employment or that is maintained by him or her;

 6     the name of the insurance company, nonprofit health care corpora-

 7     tion, or health maintenance organization; the policy, certifi-

 8     cate, or contract number; and the names and birth dates of the

 9     persons for whose benefit he or she maintains health care cover-

10     age under the policy, certificate, or contract.

11          (5) For the purposes of this section, "support" may include

12     payment of the expenses of medical, dental, and other health

13     care, child care expenses, and educational expenses.  If a sup-

14     port order is entered, the court shall require that 1 or both

15     parents shall obtain or maintain any health care coverage that is

16     available to them at a reasonable cost, as a benefit of employ-

17     ment, for the benefit of the minor children of the parties and,

18     subject to section 16a, for the benefit of the parties' children

19     who are not minor children.  If a parent is self-employed and

20     maintains health care coverage, the court shall require the

21     parent to obtain or maintain dependent coverage for the benefit

22     of the minor children of the parties and, subject to section 16a,

23     for the benefit of the parties' children who are not minor chil-

24     dren, if available at a reasonable cost. 

25         (2)  (6) Orders  AN ORDER concerning the support of

26     children  A CHILD of the parties  are  IS GOVERNED BY AND IS

27    enforceable as provided in the support and parenting time



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 1    enforcement act,  Act No. 295 of the Public Acts of 1982, being

 2     sections 552.601 to 552.650 of the Michigan Compiled Laws  1982

 3    PA 295, MCL 552.601 TO 552.650.  IF THIS ACT CONTAINS A SPECIFIC

 4    PROVISION REGARDING THE CONTENTS OR ENFORCEMENT OF A SUPPORT

 5    ORDER THAT CONFLICTS WITH A PROVISION IN THE SUPPORT AND PARENT-

 6    ING TIME ENFORCEMENT ACT, 1982 PA 295, MCL 552.601 TO 552.650,

 7    THIS ACT CONTROLS IN REGARD TO THAT PROVISION.

 8         (3)  (7)  The court may waive jurisdiction of  any  A minor

 9     children  CHILD under the age of 17 during the pendency of the

10    action to the probate court, to be governed by the laws of this

11    state with respect to dependent and neglected children under the

12    age of 17 years.

13         Sec. 16.  (1) Upon annulling a marriage or entering a judg-

14    ment of divorce or separate maintenance, the court may enter

15     such  THE orders  as  it considers just and proper concerning

16    the care, custody, and support of  the  A minor  children  CHILD

17    of the parties.  Subject to section  16a  30 OF THE SUPPORT AND

18    PARENTING TIME ENFORCEMENT ACT, 1982 PA 295, MCL 552.630, the

19    court may also order support as provided in this subsection for

20    the parties' children who are not minor children.  The court may

21     require either parent to file a bond with 1 or more sufficient

22     sureties, in a sum to be fixed by the court, guaranteeing payment

23     of the support ordered in the judgment.

24          (2) Except as otherwise provided in this section, the court

25     shall order support in an amount determined by application of the

26     child support formula developed by the state friend of the court

27     bureau.  The court may enter an order that deviates from the



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 1    formula if the court determines from the facts of the case that

 2     application of the child support formula would be unjust or inap-

 3     propriate and sets forth in writing or on the record all of the

 4     following:

 5          (a) The support amount determined by application of the

 6     child support formula.

 7          (b) How the support order deviates from the child support

 8     formula.

 9          (c) The value of property or other support awarded in lieu

10     of the payment of child support, if applicable.

11          (d) The reasons why application of the child support formula

12     would be unjust or inappropriate in the case.

13          (3) Subsection (2) does not prohibit the court from entering

14     a support order that is agreed to by the parties and that devi-

15     ates from the child support formula, if the requirements of sub-

16     section (2) are met.

17          (4) Beginning January 1, 1991, each support order entered by

18     the court shall provide that each party shall keep the office of

19     the friend of the court informed of both of the following:

20          (a) The name and address of his or her current source of

21     income.  As used in this subdivision, "source of income" means

22     that term as defined in section 2 of the support and parenting

23     time enforcement act, Act No. 295 of the Public Acts of 1982,

24     being section 552.602 of the Michigan Compiled Laws.

25          (b) Any health care coverage that is available to him or her

26     as a benefit of employment or that is maintained by him or her;

27     the name of the insurance company, nonprofit health care



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 1    corporation, or health maintenance organization; the policy,

 2     certificate, or contract number; and the names and birth dates of

 3     the persons for whose benefit he or she maintains health care

 4     coverage under the policy, certificate, or contract.

 5          (5) For the purposes of this section, "support" may include

 6     payment of the expenses of medical, dental, and other health

 7     care, child care expenses, and educational expenses.  The judg-

 8     ment shall require that 1 or both parents shall obtain or main-

 9     tain any health care coverage that is available to them at a rea-

10     sonable cost, as a benefit of employment, for the benefit of the

11     minor children of the parties and, subject to section 16a, for

12     the benefit of the parties' children who are not minor children.

13     If a parent is self-employed and maintains health care coverage,

14     the court shall require the parent to obtain or maintain depen-

15     dent coverage for the benefit of the minor children of the par-

16     ties and, subject to section 16a, for the benefit of the parties'

17     children who are not minor children, if available at a reasonable

18     cost. 

19         (2)  (6) Orders  AN ORDER concerning the support of

20     children  A CHILD of the parties  are  IS GOVERNED BY AND IS

21    enforceable as provided in the support and parenting time

22    enforcement act,  Act No. 295 of the Public Acts of 1982, being

23     sections 552.601 to 552.650 of the Michigan Compiled Laws  1982

24    PA 295, MCL 552.601 TO 552.650.  IF THIS ACT CONTAINS A SPECIFIC

25    PROVISION REGARDING THE CONTENTS OR ENFORCEMENT OF A SUPPORT

26    ORDER THAT CONFLICTS WITH A PROVISION IN THE SUPPORT AND





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 1    PARENTING TIME ENFORCEMENT ACT, 1982 PA 295, MCL 552.601 TO

 2    552.650, THIS ACT CONTROLS IN REGARD TO THAT PROVISION.

 3         (3)  (7) The court, in  IN the judgment or after entry of

 4    the judgment, THE COURT may waive jurisdiction of  any  A minor

 5     children  CHILD under the age of 17 years to the probate court

 6    to be governed by the laws of this state with respect to depen-

 7    dent and neglected children under the age of 17 years.

 8         Sec. 17.  (1)  The court may, from time to time after its

 9     issuance  AFTER ENTRY OF A JUDGMENT CONCERNING ANNULMENT,

10    DIVORCE, OR SEPARATE MAINTENANCE AND on the petition of either

11     of the parents  PARENT, THE COURT MAY revise and alter a judg-

12    ment concerning the care, custody, maintenance, and support of

13    some or all of the children, as the circumstances of the parents

14     ,  and the benefit of the children require.

15          (2) Except as otherwise provided in this section, the court

16     shall order support in an amount determined by application of the

17     child support formula developed by the state friend of the court

18     bureau.  The court may enter an order that deviates from the for-

19     mula if the court determines from the facts of the case that

20     application of the child support formula would be unjust or inap-

21     propriate and sets forth in writing or on the record all of the

22     following:

23          (a) The support amount determined by application of the

24     child support formula.

25          (b) How the support order deviates from the child support

26     formula.





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 1         (c) The value of property or other support awarded in lieu

 2     of the payment of child support, if applicable.

 3          (d) The reasons why application of the child support formula

 4     would be unjust or inappropriate in the case.

 5          (3) Subsection (2) does not prohibit the court from entering

 6     a support order that is agreed to by the parties and that devi-

 7     ates from the child support formula, if the requirements of sub-

 8     section (2) are met.

 9          (4) Beginning January 1, 1991, each support order entered or

10     revised and altered by the court shall provide that each party

11     shall keep the office of the friend of the court informed of both

12     of the following:

13          (a) The name and address of his or her current source of

14     income.  As used in this subdivision, "source of income" means

15     that term as defined in section 2 of the support and parenting

16     time enforcement act, Act No. 295 of the Public Acts of 1982,

17     being section 552.602 of the Michigan Compiled Laws.

18          (b) Any health care coverage that is available to him or her

19     as a benefit of employment or that is maintained by him or her;

20     the name of the insurance company, nonprofit health care corpora-

21     tion, or health maintenance organization; the policy, certifi-

22     cate, or contract number; and the names and birth dates of the

23     persons for whose benefit he or she maintains health care cover-

24     age under the policy, certificate, or contract.

25          (5) For the purposes of this section, "support" may include

26     payment of the expenses of medical, dental, and other health

27     care, child care expenses, and educational expenses.  If a



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 1    support order is entered, the court shall require that 1 or both

 2     parents shall obtain or maintain any health care coverage that is

 3     available to them at a reasonable cost, as a benefit of employ-

 4     ment, for the benefit of the minor children of the parties and,

 5     subject to section 16a, for the benefit of the parties' children

 6     who are not minor children.  If a parent is self-employed and

 7     maintains health care coverage, the court shall require the

 8     parent to obtain or maintain dependent coverage for the benefit

 9     of the minor children of the parties and, subject to section 16a,

10     for the benefit of the parties' children who are not minor chil-

11     dren, if available at a reasonable cost. 

12         (2)  (6) Orders  AN ORDER concerning the support of

13     children  A CHILD of the parties  are  IS GOVERNED BY AND IS

14    enforceable as provided in the support and parenting time

15    enforcement act,  Act No. 295 of the Public Acts of 1982, being

16     sections 552.601 to 552.650 of the Michigan Compiled Laws  1982

17    PA 295, MCL 552.601 TO 552.650.  IF THIS ACT CONTAINS A SPECIFIC

18    PROVISION REGARDING THE CONTENTS OR ENFORCEMENT OF A SUPPORT

19    ORDER THAT CONFLICTS WITH A PROVISION IN THE SUPPORT AND PARENT-

20    ING TIME ENFORCEMENT ACT, 1982 PA 295, MCL 552.601 TO 552.650,

21    THIS ACT CONTROLS IN REGARD TO THAT PROVISION.

22         Enacting section 1.  Section 16a of 1984 RS 84, MCL 552.16a,

23    is repealed.

24         Enacting section 2.  This amendatory act does not take

25    effect unless Senate Bill No. _____ or House Bill No. _____

26    (request no. 01895'97) of the 89th Legislature is enacted into

27    law.



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