HOUSE BILL No. 4817 June 17, 1999, Introduced by Reps. Mead and Hart and referred to the Committee on Family and Children Services. A bill to amend 1982 PA 294, entitled "Friend of the court act," by amending sections 2a and 9 (MCL 552.502a and 552.509), section 2a as added by 1996 PA 366 and section 9 as amended by 1998 PA 63. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 2a. As used in this act: 2 (a) "Medical assistance" means medical assistance as estab- 3 lished under title XIX of the social security act, chapter 531, 4 49 Stat. 620, 42 U.S.C. 1396 to1396v1396f, 1396g-1 TO 5 1395r-6, AND 1396r-8 TO 1396v. 6 (b) "Office" and "office of the friend of the court" mean 7theAN agency created in section 3. 8 (c) "Payer" means a person ordered by the circuit court to 9 pay support. 03882'99 GWH 2 1 (d) "Public assistance" means cash assistance provided under 2 the social welfare act,Act No. 280 of the Public Acts of 1939,3being sections 400.1 to 400.119b of the Michigan Compiled Laws4 1939 PA 280, 400.1 TO 400.119B. 5 (e) "Recipient of support" means the following: 6 (i) The spouse, if the support order orders spousal 7 support. 8 (ii) The custodial parent or guardian, if the support order 9 orders support for a minor child or a child who is 18 years of 10 age or older. 11 (iii) The family independence agency, if support has been 12 assigned to that department. 13 (f) "State advisory committee" means the committee estab- 14 lished by the bureau under section 19. 15 (G) "STATE DISBURSEMENT UNIT" OR "SDU" MEANS THE ENTITY 16 ESTABLISHED IN SECTION 6 OF THE OFFICE OF CHILD SUPPORT ACT, 1971 17 PA 174, MCL 400.236. 18 (H)(g)"Support" means all of the following: 19 (i) The payment of money for a child or a spouse ordered by 20 the circuit court, whether the order is embodied in an interim, 21 temporary, permanent, or modified order or judgment. Support may 22 include payment of the expenses of medical, dental, and other 23 health care, child care expenses, and educational expenses. 24 (ii) The payment of money ordered by the circuit court under 25 the paternity act,Act No. 205 of the Public Acts of 19561956 26 PA 205, MCL 722.711 TO 722.730, for the necessary expenses 27 incurred by or for the mother in connection with her confinement 03882'99 3 1 or of other expenses in connection with the pregnancy of the 2 mother. 3 (iii) A surcharge accumulated under section 3a of the sup- 4 port and parenting time enforcement act,being section5 MCL 552.603a.of the Michigan Compiled Laws.6 (I)(h)"Support and parenting time enforcement act" means 7Act No. 295 of the Public Acts of 1982, being sections 552.6018to 552.650 of the Michigan Compiled Laws1982 PA 295, 9 MCL 552.601 TO 552.650. 10 (J)(i)"Support order" means an order entered by the cir- 11 cuit court for the payment of support in a sum certain, whether 12 in the form of a lump sum or a periodic payment. 13 Sec. 9. (1) Except as otherwise provided IN SUBSECTIONS (2) 14 AND (3) OR in the order or judgment, after a support order is 15 entered in a domestic relations matter, the office shall receive 16all payments of support orders and service feesEACH PAYMENT 17 AND THE SERVICE FEES UNDER THE SUPPORT ORDER; shall, not less 18 than once each month, recordthe support paymentsEACH SUPPORT 19 PAYMENT due, paid, and past due; and shall disburseall support20paymentsEACH SUPPORT PAYMENT to the recipient of support within 21 14 days after the office receives each payment OR WITHIN THE FED- 22 ERALLY MANDATED TIME FRAME, WHICHEVER IS SHORTER. 23 (2) AN OFFICE SHALL RECEIVE SUPPORT ORDER PAYMENTS AND SERV- 24 ICE FEES, AND SHALL DISBURSE SUPPORT, AS REQUIRED BY SUBSECTION 25 (1) UNTIL THE STATE DISBURSEMENT UNIT IMPLEMENTS SUPPORT COLLEC- 26 TION AND DISBURSEMENT IN THE GEOGRAPHIC AREA THAT THE OFFICE 27 SERVICES. AT THE FAMILY INDEPENDENCE AGENCY'S DIRECTION AND IN 03882'99 4 1 COOPERATION WITH THE SDU, AN OFFICE SHALL MAINTAIN FUNCTIONS 2 RELATING TO SUPPORT COLLECTION AND DISBURSEMENT TO FACILITATE THE 3 TRANSITION OF THAT RESPONSIBILITY TO THE SDU UNDER A TRANSITION 4 SCHEDULE DEVELOPED UNDER THE OFFICE OF CHILD SUPPORT ACT, 1971 PA 5 174, MCL 400.231 TO 400.237. AN OFFICE SHALL NOT IMPEDE THE 6 TRANSITION. 7 (3) AFTER STATE DISBURSEMENT UNIT COLLECTION AND DISBURSE- 8 MENT IS IMPLEMENTED IN A CIRCUIT COURT CIRCUIT, THE OFFICE FOR 9 THAT COURT MAY CONTINUE TO ACCEPT SUPPORT PAYMENTS MADE IN CASH. 10 IF THE OFFICE ACCEPTS A CASH PAYMENT, THE OFFICE SHALL TRANSMIT 11 THE PAYMENT TO THE SDU AND SHALL INFORM THE PAYER OF THE SDU'S 12 LOCATION AND THE REQUIREMENT TO MAKE PAYMENTS THROUGH THE SDU. 13 (4) PROMPTLY AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT 14 THAT ADDED THIS SUBSECTION, EACH OFFICE SHALL ESTABLISH AND MAIN- 15 TAIN THE SUPPORT ORDER AND ACCOUNT RECORDS NECESSARY TO RECORD 16 OBLIGATIONS; SUPPORT COLLECTION AND DISBURSEMENT; FEES, INCLUDING 17 GENETIC TESTING FEES; AND RELATED PAYMENTS. EACH OFFICE SHALL 18 PROVIDE THE STATE DISBURSEMENT UNIT WITH ACCESS TO THOSE RECORDS 19 AND SHALL ASSIST THE SDU WITH THE RESOLUTION OF A SUPPORT COLLEC- 20 TION OR DISBURSEMENT PROBLEM RELATED TO AN ACCOUNT OR TO INADE- 21 QUATE IDENTIFICATION INFORMATION. 22 (5)(2)The office shall provide annually to each party, 23 without charge, 1 statement of account upon request. Additional 24 statements of account shall be provided at a reasonable fee suf- 25 ficient to pay for the cost of reproduction. Statements provided 26 under this subsection are in addition to statements provided for 27 administrative and judicial hearings. 03882'99 5 1 (6)(3)The office shall initiate and carry out 2 proceedings to enforce an order entered in a domestic relations 3 matter regarding custody, parenting time, health care coverage, 4 or support in accordance with this act, the support and parenting 5 time enforcement act, and supreme court rules. 6 (7)(4)Upon request of a child support agency of another 7 state, the office shall initiate and carry out certain proceed- 8 ings to enforce support orders entered in the other state without 9 the need to register the order as a domestic relations matter in 10 this state. The order shall be enforced using automated adminis- 11 trative enforcement actions authorized under the support and par- 12 enting time enforcement act., 1982 PA 295, MCL 552.601 to13552.650.14 Enacting section 1. This amendatory act does not take 15 effect unless Senate Bill No. __________ or House Bill 16 No. __________ (request no. 03398'99) of the 90th Legislature is 17 enacted into law. 03882'99 Final page. GWH