HOUSE BILL No. 4819


     June 17, 1999, Introduced by Reps. Pumford and Hart and referred to the Committee on
Family and Children Services.


        A bill to amend 1846 RS 84, entitled

   "Of divorce,"

   by amending section 23 (MCL 552.23), as amended by 1983 PA 193.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 23.  (1) Upon entry of a judgment of divorce or sepa-

 2    rate maintenance, if the estate and effects awarded to either

 3    party are insufficient for the suitable support and maintenance

 4    of either party and any children of the marriage as are committed

 5    to the care and custody of either party, the court may further

 6    award to either party the part of the real and personal estate of

 7    either party and alimony out of the  estate  real
             and personal

 8    ESTATE, to be paid to either party in gross or otherwise as the

 9    court considers just and reasonable, after considering the

10    ability of either party to pay and the character and situation of

11    the parties, and all the other circumstances of the case.


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 1         (2) Upon certification by a county  department of
             social

 2     services  FAMILY INDEPENDENCE AGENCY that a
                       complainant or peti-

 3    tioner in a proceeding under this chapter is receiving public

 4    assistance either personally or for children of the marriage,

 5    payments received by the friend of the court OR THE STATE DIS-

 6    BURSEMENT UNIT for the support and education of  such
              THE chil-

 7    dren or maintenance of the party shall be transmitted to the

 8    state  department of social services  FAMILY
             INDEPENDENCE

 9    AGENCY.

10         (3) To reimburse the county for the cost of  handling
             ali-

11     mony or support money payments  ENFORCING SUPPORT
                       OR PARENTING

12    TIME ORDERS, the court shall order the payment of a service fee

13    of $2.00 per month, payable semiannually on EACH January 2 and

14    July 2.  thereafter, to the friend of the court. 
             The service fee

15    shall be paid by the person ordered to pay the  alimony or
             

16    support.  money.  The service fee shall be computed
             from the

17    beginning date of the  alimony or  support order
             and shall con-

18    tinue while the  alimony or  support order is
             operative.  The

19    service fee shall be paid 6 months in advance on each due date,

20    except for the first payment, which shall be paid at the same

21    time the  alimony or  support order is filed, and
              shall cover 

22    COVERS the period of time from that month until the next calendar

23    due date.  Every  AN order or judgment 
             which  THAT provides for

24    the payment of temporary or permanent  alimony or 
             support  money

25     which  THAT requires collection by the friend of
                       the court OR THE

26    SDU shall provide for the payment of the service fee.  Any
             such 

27    UPON ITS OWN MOTION, A COURT MAY AMEND SUCH AN order or judgment



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 1    for the payment of temporary or permanent  alimony or
              support

 2     money, entered before the effective date of this 1983
             amendatory

 3     act, may be amended by the court, upon its own motion,
                        to pro-

 4    vide for the payment of the service fee in the amount provided by

 5    this subsection, upon proper notice to the person ordered to pay

 6    the  alimony or  support.  money. 
             The service fees shall be

 7    turned over to the county treasurer and credited to the general

 8    fund of the county.  If the court appoints the friend of the

 9    court custodian, receiver, trustee, or escrow agent of assets

10    owned by the husband and wife, or either of them, the court may

11    fix the amount of the fee for such service, to be turned over to

12    the county treasurer and credited to the general fund of the

13    county.  A  THE COURT MAY HOLD IN CONTEMPT A person
             who fails or

14    refuses to pay a fee ordered  pursuant to  UNDER
             this subsection.

15     may be held in contempt of court. 

16         (4) AS USED IN THIS SECTION, "STATE DISBURSEMENT UNIT" OR

17    "SDU" MEANS THE ENTITY ESTABLISHED IN SECTION 6 OF THE OFFICE OF

18    CHILD SUPPORT ACT, 1971 PA 174, MCL 400.236.

19         Enacting section 1.  This amendatory act does not take

20    effect unless Senate Bill No. ______ or House Bill No. ______

21    (request no. 03398'99) of the 90th Legislature is enacted into

22    law.













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