HOUSE BILL No. 6160


     November 28, 2000, Introduced by Rep. Brewer and referred to the Committee on Family and Civil Law.


        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   (MCL 600.101 to 600.9948) by adding section 2971.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           SEC. 2971.  (1) A PAYER OF CHILD SUPPORT FOR A CHILD WHO IS

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      NOT THE PAYER'S BIOLOGICAL OR ADOPTED CHILD HAS A CAUSE OF ACTION

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      AGAINST THE CHILD SUPPORT RECIPIENT IF THE CHILD SUPPORT PAYMENT

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      WAS OBTAINED AS THE RESULT OF A FRAUDULENT REPRESENTATION, BY

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      EITHER COMMISSION OR OMISSION, BY THE CHILD SUPPORT RECIPIENT

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      THAT THE CHILD FOR WHOM THE SUPPORT IS PAID IS THE PAYER'S BIO-

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      LOGICAL CHILD.  UPON A FINDING THAT A PAYER IS PAYING CHILD SUP-

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      PORT AS THE RESULT OF A FRAUDULENT REPRESENTATION DESCRIBED IN

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      THIS SUBSECTION, THE COURT SHALL AWARD THE PAYER DAMAGES IN THE

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      AMOUNT THE PAYER PAID AS CHILD SUPPORT FOR THAT CHILD.




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           (2) UPON A FINDING IN A PAYER'S FAVOR UNDER SUBSECTION (1),

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      THAT PORTION OF A COURT ORDER ORDERING THE CHILD SUPPORT PAYMENT

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      THAT WAS FRAUDULENTLY OBTAINED IS VOID.  THIS SUBSECTION DOES NOT

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      VOID THE PORTION OF THE AMOUNT OF A CHILD SUPPORT ORDER THAT IS

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      NOT FOUND TO HAVE BEEN FRAUDULENTLY OBTAINED.














































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