SENATE BILL NO. 622 May 26, 1999, Introduced by Senators JOHNSON, HAMMERSTROM, MC COTTER, EMMONS, GOUGEON and GOSCHKA and referred to the Committee on Families, Mental Health and Human Services. A bill to amend 1956 PA 205, entitled "The paternity act," by amending sections 7, 10, and 11 (MCL 722.717, 722.720, and 722.721), section 7 as amended by 1996 PA 308, section 10 as amended by 1996 PA 18, and section 11 as amended by 1990 PA 244; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 7. (1) The court shall enter an order of filiation 2 declaring paternity and providing for the support of the child 3 under 1 or more of the following circumstances: 4 (a) The finding of the court or the verdict determines that 5 the man is the father. 6 (b) The defendant acknowledges paternity either orally to 7 the court or by filing with the court a written acknowledgment of 8 paternity. 02647'99 c GWH 2 1 (c) The defendant is served with summons and a default 2 judgment is entered against him or her. 3 (2) An order of filiation entered under subsection (1) shall 4 specify the sum to be paid weekly or otherwise, until the child 5 reaches the age of 18. Subject to section7a5B OF THE SUPPORT 6 AND PARENTING TIME ENFORCEMENT ACT, 1982 PA 295, MCL 552.605B, 7 the court may also order support for a child after he or she 8 reaches 18 years of age. In addition to providing for the sup- 9 port of the child, the order shall also provide for the payment 10 of the necessary expenses incurred by or for the mother in con- 11 nection with her confinement, for the funeral expenses if the 12 child has died, for the support of the child before the entry of 13 the order of filiation, and for the expenses in connection with 14 the pregnancy of the mother or of the proceedings as the court 15 considers proper. However, if proceedings under this act are 16 commenced after the lapse of more than 6 yearsfromAFTER the 17 birth of the child, an amount shall not be awarded for expenses 18 or support that accrued before the date on which the complaint 19 was filed unless 1 or more of the following circumstances exist: 20 (a) Paternity has been acknowledged by the father in writing 21 in accordance with statutory provisions. 22 (b) One or more payments were made for support of the child 23 during the 6-year period and proceedings are commenced within 6 24 yearsfromAFTER the date of the most recent payment. 25 (c) The defendant was out of the state, was avoiding service 26 of process, or threatened or coerced the complainant not to file 27 a proceeding under this act during the 6-year period. The court 02647'99 c 3 1 may award an amount for expenses or support that accrued before 2 the date the complaint was filed if the complaint was filed 3 within a period of time equal to the sum of 6 years and the time 4 that the defendant was out of state, was avoiding service of pro- 5 cess, or threatened or coerced the complainant not to file a pro- 6 ceeding under this act. 7(3) Except as otherwise provided in this section, the court8shall order support in an amount determined by application of the9child support formula developed by the state friend of the court10bureau. The court may enter an order that deviates from the for-11mula if the court determines from the facts of the case that12application of the child support formula would be unjust or inap-13propriate and sets forth in writing or on the record all of the14following:15(a) The support amount determined by application of the16child support formula.17(b) How the support order deviates from the child support18formula.19(c) The value of property or other support awarded instead20of the payment of child support, if applicable.21(d) The reasons why application of the child support formula22would be unjust or inappropriate in the case.23(4) Subsection (3) does not prohibit the court from entering24a support order that is agreed to by the parents and that devi-25ates from the child support formula, if the requirements of sub-26section (3) are met.02647'99 c 4 1(5) Beginning January 1, 1991, each support order entered by2the court shall provide that each parent keep the office of the3friend of the court informed of both of the following:4(a) The name and address of the parent's current source of5income. As used in this subdivision, "source of income" means6that term as defined in section 2 of the support and parenting7time enforcement act, Act No. 295 of the Public Acts of 1982,8being section 552.602 of the Michigan Compiled Laws.9(b) The health care coverage that is available to the parent10as a benefit of employment or that is maintained by the parent;11the name of the insurance company, nonprofit health care corpora-12tion, or health maintenance organization; the policy, certifi-13cate, or contract number; and the names and birth dates of the14persons for whose benefit the parent maintains health care cover-15age under the policy, certificate, or contract.16(6) For the purposes of this act, "support" may include pay-17ment of medical, dental, and other health care expenses, child18care expenses, and educational expenses. The court shall require19that 1 or both parents obtain or maintain any health care cover-20age that is available to them at a reasonable cost, as a benefit21of employment, for the benefit of a child who is the subject of22an order of filiation under this section. If a parent is23self-employed and maintains health care coverage, the court shall24require the parent to obtain or maintain dependent coverage for25the benefit of the child, if available at a reasonable cost.26 (3)(7)A judgment or order entered under this act 27 providing for the support of a child or payment of expenses in 02647'99 c 5 1 connection with the mother's confinement or pregnancy is 2 enforceable as provided inAct No. 295 of the Public Acts of31982, being sections 552.601 to 552.650 of the Michigan Compiled4LawsTHE SUPPORT AND PARENTING TIME ENFORCEMENT ACT, 1982 PA 5 295, MCL 552.601 TO 552.650. IF THIS ACT CONTAINS A SPECIFIC 6 PROVISION REGARDING THE CONTENTS OR ENFORCEMENT OF A SUPPORT 7 ORDER THAT CONFLICTS WITH A PROVISION IN THE SUPPORT AND PARENT- 8 ING TIME ENFORCEMENT ACT, 1982 PA 295, MCL 552.601 TO 552.650, 9 THIS ACT CONTROLS IN REGARD TO THAT PROVISION. 10 (4)(8)Upon entry of an order of filiation, the clerk of 11 the court shall collect a fee of $35.00 from the person against 12 whom the order of filiation is entered. The clerk shall retain 13 $9.00 of the fee and remit the $26.00 balance, along with a writ- 14 ten report of the order of filiation, to the director ofpublic15 THE DEPARTMENT OF COMMUNITY health. The report shall be on a 16 form prescribed by or in a manner approved by the director OF THE 17 DEPARTMENT of community health. Regardless of whether the fee 18 required by this section is collected, the clerk shall transmit 19 and the department of community health shall receive the report 20 of the order of filiation. 21 (5)(9)If an order of filiation or acknowledgment of par- 22 entage is abrogated by a later judgment or order of a court, the 23 clerk of the court that entered the order shall immediately com- 24 municate that fact to the director OF THE DEPARTMENT of community 25 health on a form prescribed by the director ofpublicTHE 26 DEPARTMENT OF COMMUNITY health. An order of filiation supersedes 27 an acknowledgment of parentage. 02647'99 c 6 1 (6)(10)Within the time prescribed by court rule, the 2 party, attorney, or agency that secures the signing of an order 3 of filiation shall serve a copy of the order on all parties to 4 the action and file proof of service with the court clerk. 5 Sec. 10.(1)The court has continuing jurisdiction over 6 proceedings brought under this act to increase or decrease the 7 amount fixed by the order of filiation subject to section7(3)8or (4)7, and to provide for, change, and enforce provisions of 9 the order relating to the custody or support of or parenting time 10 with the child. 11(2) Beginning January 1, 1991, each support order modified12by the court shall provide that each parent shall keep the office13of the friend of the court informed of both of the following:14(a) The name and address of the parent's current source of15income. As used in this subdivision, "source of income" means16that term as defined in section 2 of the support and parenting17time enforcement act, Act No. 295 of the Public Acts of 1982,18being section 552.602 of the Michigan Compiled Laws.19(b) The health care coverage that is available to the parent20as a benefit of employment or that is maintained by the parent;21the name of the insurance company, nonprofit health care corpora-22tion, or health maintenance organization; the policy, certifi-23cate, or contract number; and the names and birth dates of the24persons for whose benefit the parent maintains health care cover-25age under the policy, certificate, or contract.26 Sec. 11. (1)(a)If a mother of a child born out of 27 wedlock possesses property and fails to support and educate her 02647'99 c 7 1 child, the court having jurisdiction, on application of the 2 CHILD'S guardian or next friend,of the child,or the 3department of social servicesFAMILY INDEPENDENCE AGENCY if the 4 child is being supported in whole or in part by public assist- 5 ance, mayexamine intoINVESTIGATE the matter and, after a 6 hearing and subject to section7(3) or (4)7, may make an order 7 charging the mother with the payment of money weekly or otherwise 8 for the CHILD'S support and education.of the child.9 (2)(b)The court may require the mother to give security, 10 by bond, with sufficient sureties approved by the court for the 11 payment as directed by the order. In case of default under 12suchTHE bond, thesameBOND shall be enforced inlikeTHE 13 manneras isprovided in section 9. 14 (3)(c) Nothing in thisTHIS sectionshall be deemed to15 DOES NOT relieve the father from liability for THE CHILD'S sup- 16 port and educationof the childin accordance withthe provi-17sions ofthis act. 18 Enacting section 1. Section 7a of the paternity act, 1956 19 PA 205, MCL 722.717a, is repealed. 20 Enacting section 2. This amendatory act does not take 21 effect unless Senate Bill No. 619 22 of the 90th Legislature is enacted into 23 law. 02647'99 c Final page. GWH