HOUSE BILL No. 4820


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


        A bill to amend 1966 PA 138, entitled

   "The family support act,"

   by amending sections 2, 4, 7, and 9 (MCL 552.452, 552.454,

   552.457, and 552.459), section 2 as amended by 1996 PA 5,

   section 4 as amended by 1990 PA 292, and section 7 as amended by

   1983 PA 195.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 2.  (1) Upon the hearing of the complaint, in the

 2    manner of a motion, the court may enter an order as it determines

 3    proper for the support of the petitioner and the minor child or

 4    children of the parties.  The order shall provide that  all

 5     payments  PAYMENT shall be made to the friend of
                       the court OR THE

 6    STATE DISBURSEMENT UNIT.  If the parent complained of opposes the

 7    entry of the order upon the ground that he or she is without

 8    sufficient financial ability to provide necessary shelter, food,


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 1    care, clothing, and other support for his or her spouse and child

 2    or children, the burden of proving this lack of ability is on the

 3    parent against whom the complaint is made.  The order shall state

 4    in separate paragraphs the amount of support for the petitioner

 5    until the further order of the court, and the amount of support

 6    for each child until each child reaches 18 years of age or until

 7    the further order of the court.  Subject to section 1c, the court

 8    may also order support for the child after the child reaches

 9    18 years of age, or until the further order of the court.

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

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

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

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

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

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

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

17    following:

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

19    child support formula.

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

21    formula.

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

23    of the payment of child support, if applicable.

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

25    would be unjust or inappropriate in the case.

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

27    a support order that is agreed to by the parties and that



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 1    deviates from the child support formula, if the requirements of

 2    subsection (2) are met.

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

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

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

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

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

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

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

10     being section 552.602 of the Michigan Compiled Laws
                        1982 PA 295,

11    MCL 552.602.

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

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

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

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

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

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

18    age under the policy, certificate, or contract.

19         (5) For the purposes of this act, "support" may include pay-

20    ment of the expenses of medical, dental, and other health care,

21    child care expenses, and educational expenses.  The court shall

22    require that 1 or both parents  shall  obtain and
             maintain  any 

23    health care coverage that is available to them at a reasonable

24    cost, as a benefit of employment, for the benefit of the minor

25    children of the parties and, subject to section 1c, for the bene-

26    fit of the parties' children who are not minor children.  If a

27    parent is self-employed and maintains health care coverage, the



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 1    court shall require the parent to obtain or maintain dependent

 2    coverage for the benefit of the minor children of the parties

 3    and, subject to section 1c, for the benefit of the parties' chil-

 4    dren who are not minor children, if available at a reasonable

 5    cost.

 6         (6) An order entered under this section is enforceable as

 7    provided in the support and parenting time enforcement act, 
             Act

 8     No. 295 of the Public Acts of 1982, being sections 552.601
                       to

 9     552.650 of the Michigan Compiled Laws  1982 PA 295,
                       MCL 552.601

10    TO 552.650.

11         Sec. 4.  (1) If the  department of social services of
             the 

12    county FAMILY INDEPENDENCE AGENCY where the custodial parent or

13    guardian of the minor child or children or the child or children

14    who have reached 18 years of age resides determines the custodial

15    parent, the minor child or children, the child or children who

16    have reached 18 years of age, or any of them to be eligible for

17    public OR MEDICAL assistance, or if a complaint is being filed

18    under section 1b, the prosecuting attorney shall act as the

19    attorney for the petitioner.

20         (2) The prosecuting attorney shall utilize the child support

21    formula developed under section 19 of the friend of the court

22    act,  Act No. 294 of the Public Acts of 1982, being section

23     552.519 of the Michigan Compiled Laws  1982 PA 294,
                       MCL 552.519,

24    as a guideline in petitioning for child support.  Upon certifica-

25    tion by the  county department of social services 
             FAMILY INDE-

26    PENDENCE AGENCY that the custodial parent and minor child or

27    children or child or children who have reached 18 years of age



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 1    are receiving public assistance,  payments  A
             PAYMENT received by

 2    the friend of the court OR THE STATE DISBURSEMENT UNIT for the

 3    support of the custodial parent and minor child or children or

 4    child or children who have reached 18 years of age shall be

 5    transmitted to the  state department of social services
              FAMILY

 6    INDEPENDENCE AGENCY.

 7         Sec. 7.  (1) To reimburse the county for the cost of

 8     handling support payments  ENFORCING SUPPORT OR
             PARENTING TIME

 9    ORDERS under this act, the court shall order the payment of a

10    service fee of $2.00 per month, payable semiannually on EACH

11    January 2 and July 2,  thereafter,  to the friend
             of the court OR

12    STATE DISBURSEMENT UNIT.  The service fee shall be paid by the

13    person ordered to pay the support money.  The service fee shall

14    be computed from the beginning date of the support order and

15    shall continue while the support order is operative.  The service

16    fee shall be paid 6 months in advance on each  of the
              due

17     dates  DATE, except for the first payment which
             shall be paid at

18    the same time the support order is  made  FILED,
             and  shall

19     cover  COVERS the period of time from that month
                       until the next

20    calendar due date.  The friend of the court may deduct the serv-

21    ice fee from  any  support money paid after the due
             date of the

22    service fee.  Every  AN order  which
              THAT provides for the pay-

23    ment of support  which  THAT requires collection by
             the friend of

24    the court under this act OR BY THE SDU shall provide for the pay-

25    ment of the service fee.  Any such  UPON ITS OWN
             MOTION, A COURT

26    MAY AMEND SUCH AN order or judgment  entered before the
             effective

27     date of this 1983 amendatory act may be amended by the
                       court,



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 1    upon its own motion,  to provide for the payment of
             the service

 2    fee, in the amount provided by this subsection, upon notice to

 3    the person ordered to pay the support money.  The service fees

 4    shall be turned over to the county treasurer and credited to the

 5    general fund of the county.

 6         (2)  A  THE COURT MAY HOLD IN CONTEMPT A
             person who fails or

 7    refuses to pay a service fee ordered  pursuant to 
             UNDER subsec-

 8    tion (1).  may be held in contempt of court. 

 9         Sec. 9.  (1) This act shall be known and may be cited as

10    "the family support act".

11         (2) AS USED IN THIS ACT, "STATE DISBURSEMENT UNIT" OR "SDU"

12    MEANS THE ENTITY ESTABLISHED IN SECTION 6 OF THE OFFICE OF CHILD

13    SUPPORT ACT, 1971 PA 174, MCL 400.236.

14         Enacting section 1.  This amendatory act does not take

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

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

17    law.























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