HOUSE BILL No. 6024 May 7, 2002, Introduced by Reps. Lemmons, Tabor, Hummel, DeRossett, Howell, Newell, Voorhees, Vander Veen, Raczkowski, Patterson, Caul, Vear, Julian, George and Bisbee and referred to the Committee on Family and Children Services. A bill to amend 1956 PA 205, entitled "The paternity act," by amending sections 4, 7b, 8, 9, 19, and 19a (MCL 722.714, 722.717b, 722.718, 722.719, 722.729, and 722.729a), sections 4 and 9 as amended by 1998 PA 113, section 7b as amended by 1996 PA 308, and sections 8 and 19 as amended and section 19a as added by 1999 PA 157. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 4. (1) An action under this act shall be brought in 2 the circuit court by the mother, the father, a child who became 3 18 years of age after August 15, 1984 and before June 2, 1986, or 4 the family independence agency as provided in this act. The 5 Michigan court rules for civil actions apply to all proceedings 6 under this act. A complaint shall be filed in the county where 7 the mother or child resides. If both the mother and child reside 04605'01 u * DGB 2 1 outside of this state, then the complaint shall be filed in the 2 county where the putative father resides or is found. The fact 3 that the child was conceived or born outside of this state is not 4 a bar to entering a complaint against the putative father. 5 (2) An action to determine paternity shall not be brought 6 under this act if the child's father acknowledges paternity under 7 the acknowledgment of parentage act, 1996 PA 305, MCL 722.1001 TO 8 722.1013, or if the child's paternity is established under the 9 law of another state. 10 (3) An action under this act may be commenced during the 11 pregnancy of the child's mother or at any time before the child 12 reaches 18 years of age. For a child who became 18 years of age 13 after August 15, 1984 and before June 2, 1986, an action under 14 this act may be commenced before January 1, 1995. This subsec- 15 tion applies regardless of whether the cause of action accrued 16 before June 1, 1986 and regardless of whether the cause of action 17 was barred under this subsection before June 1, 1986. A summons 18 issued under this section shall be in the form the court deter- 19 mines and shall be served in the same manner as is provided by 20 court rules for the service of process in civil actions. 21 (4) If the county family independence agency of the county 22 in which the mother or alleged father resides first determines 23 that she or he has physical possession of the child and is eligi- 24 ble for public assistance or without means to employ an attorney; 25 if the family independence agency is the complainant;ofOR if 26 the mother, alleged father, or child is receiving services under 27 part D of title IV of the social security act, CHAPTER 531, 49 04605'01 u * 3 1 STAT. 620, 42 U.S.C. 651 to667655, 656 TO 660, AND 663 TO 2 669b, then the prosecuting attorney or an attorney employed by 3 the county under section 1 of 1941 PA 15, MCL 49.71, shall initi- 4 ate and conduct proceedings under this act. The prosecuting 5 attorney shall utilize the child support formula developed under 6 section 19 of thefriend of the courtCOURT FAMILY SERVICES 7 OFFICE act, 1982 PA 294, MCL 552.519, as a guideline in petition- 8 ing for child support. A complaint filed under this act shall be 9 verified by oath or affirmation. 10 (5) The party filing the complaint shall name the person 11 believed to be the father of the child and state in the complaint 12 the time and place, as near as possible, when and where the 13 mother became pregnant. If the family independence agency is the 14 plaintiff, the required facts shall be stated upon information 15 and belief. 16 (6) Upon the filing of a complaint, the court shall issue a 17 summons against the named defendant. If the defendant does not 18 file and serve a responsive pleading as required by the court 19 rules, the court may enter a default judgment. Neither party is 20 required to testify before entry of a default judgment in a pro- 21 ceeding under this act. 22 (7) If, after service of process, the parties fail to con- 23 sent to an order naming the man as the child's father as provided 24 in this act within the time permitted for a responsive pleading, 25 then the family independence agency or its designee may file and 26 serve both the mother and the alleged father with a notice 04605'01 u * 4 1 requiring that the mother, alleged father, and child appear for 2 genetic paternity testing as provided in section 6. 3 (8) If the mother, alleged father, or child does not appear 4 for genetic paternity testing as provided in subsection (7), then 5 the family independence agency or its designee may apply to the 6 court for an order compelling genetic paternity tests as provided 7 in section 6 or may seek other relief as permitted by statute or 8 court rule. 9 (9) It is unnecessary in any proceedings under this act com- 10 menced by or against a minor to have a next friend or guardian ad 11 litem appointed for the minor unless required by the circuit 12 judge. A minor may prosecute or defend any proceedings in the 13 same manner and with the same effect as if he or she were of 14 legal age. 15 (10) If a child born out of wedlock is being supported in 16 whole or in part by public assistance, including medical assist- 17 ance, the family independence agency may file a complaint on 18 behalf of the child in the circuit court in the county in which 19 the child resides. The mother or alleged father of the child 20 shall be made a party plaintiff and notified of the hearing on 21 the complaint by summons. The complaint made by the family inde- 22 pendence agency shall be verified by the director of the family 23 independence agency, or his or her designated representative, or 24 by the director of the county family independence agency of the 25 county in which an action is brought, or the county director's 26 designated representative. 04605'01 u * 5 1 (11) 1986 PA 107, which added this subsection, does not 2 affect the rights of an indigent defendant in proceedings under 3 this act as established by decisions of the courts of this state 4 before June 1, 1986. 5 (12) If a determination of paternity is made under this act, 6 the court may enter an order of filiation as provided in section 7 7. Regardless of who commences an action under this act, an 8 order of filiation entered under this act has the same effect, is 9 subject to the same provisions, and is enforced in the same 10 manner as an order of filiation entered on complaint of the 11 mother or father. 12 Sec. 7b. If the court makes a determination of paternity 13 and there is no dispute regarding custody, the court shall 14 include in the order of filiation specific provisions for the 15 custody and parenting time of the child as provided in the child 16 custody act of 1970,Act No. 91 of the Public Acts of 1970,17being sections 722.21 to 722.29 of the Michigan Compiled Laws18 1970 PA 91, MCL 722.21 TO 722.31. If there is a dispute between 19 the parties concerning custody or parenting time, the court shall 20 immediately enter an order that establishes support and temporar- 21 ily establishes custody of and parenting time with the child. 22 Pending a hearing on or other resolution of the dispute, the 23 court may also refer the matter to thefriend of the court24 COURT FAMILY SERVICES OFFICE for a report and recommendation as 25 provided in section 5 of thefriend of the courtCOURT FAMILY 26 SERVICES OFFICE act,Act No. 294 of the Public Acts of 1982,27being section 552.505 of the Michigan Compiled Laws1982 PA 294, 04605'01 u * 6 1 MCL 552.505. In a dispute regarding custody or parenting time, 2 the prosecuting attorney, an attorney appointed by the county, or 3 an attorney appointed by the court under section 4 shall not be 4 required to represent either party regarding that dispute. 5 Sec. 8. The court shall require the payment of money to be 6 made to thefriend of the courtCOURT FAMILY SERVICES OFFICE, 7 clerk of the court, or state disbursement unit, which money shall 8 be disbursed in accordance with the order of the court, except 9 that upon certification by a county family independence agency 10 that a complainant is receiving public assistance, a payment 11 received by thefriend of the courtCOURT FAMILY SERVICES 12 OFFICE for support and education of a child born out of wedlock 13 shall be transmitted to the family independence agency. 14 Sec. 9. (1) The person so adjudged to be the father of the 15 child may be required to give bond with 1 or more sufficient 16 sureties to the satisfaction of the court, to perform the order 17 of the court, and to indemnify the county that is chargeable with 18 the confinement expenses and with the maintenance of the child. 19 The bond shall be filed with thefriend of the courtCOURT 20 FAMILY SERVICES OFFICE or the clerk of the court. If on the 21 trial he is adjudged not to be the father of the child, the court 22 shall dismiss the complaint; and the judgment of the court is 23 final. 24 (2) If default is made in the payment of an installment or a 25 part of the installment, mentioned in the bond filed under sub- 26 section (1), the judge of the court in which the bond is filed, 27 at the request of the mother, guardian, or any other person 04605'01 u * 7 1 interested in the support of the child, shall issue a citation to 2 the principal and sureties in the bond requiring them to appear 3 on a day specified in the citation, and show cause why execution 4 shall not issue against them for the amount of the installment 5 due and unpaid on the bond. The citation shall be served by the 6 sheriff of any county in which the principal or sureties reside 7 or may be found. If the amount due on the installment is not 8 paid on or before the time mentioned for showing cause, the judge 9 shall render judgment in favor of the complainant against the 10 principal and sureties who have been served with the citation, 11 for the amount unpaid on the installment due on the bond. 12 Execution shall issue from the court against the goods and chat- 13 tels of the person or persons against whom the judgment is 14 rendered for the amount of the judgment and costs to the sheriff 15 of any county in the state where a party to the judgment resides 16 or has property subject to the execution. 17 (3) The judge, in case of default in the payment, when due, 18 of any installment or any part of the installment or in the con- 19 dition of the bond, may adjudge the reputed father guilty of con- 20 tempt of court as provided in sections 31 to 39 of the support 21 and parenting time enforcement act, 1982 PA 295, MCL 552.631 to 22 552.639. The commitment of the reputed father under sections 31 23 to 39 of the support and parenting time enforcement act, 1982 PA 24 295, MCL 552.631 to 552.639, does not operate to stay or defeat 25 the obtaining of judgment and the collection of the judgment by 26 execution. The rendition and the enforcement of decree or 04605'01 u * 8 1 judgment does not bar or hinder the taking of similar proceedings 2 for subsequent defaults. 3 (4) In order to make effective the purpose and intention of 4 the bonds required under subsection (1), the court may appoint a 5 receiver of the real and personal property belonging to the judg- 6 ment debtors with powers not exceeding those customarily exer- 7 cised by receivers. 8 Sec. 19. (1) To reimburse the county for the cost of 9 enforcing support or parenting time orders under this act, the 10 court shall order the payment of $2.00 per month, payable semian- 11 nually on each January 2 and July 2, to thefriend of the court12 COURT FAMILY SERVICES OFFICE or state disbursement unit. The 13 service fee shall be paid by the person ordered to pay the sup- 14 port money. The service fee shall be computed from the beginning 15 date of the support order and shall continue while the support 16 order is operative. The service fee shall be paid 6 months in 17 advance on each due date, except for the first payment, which 18 shall be paid at the same time the support order is filed and 19 covers the period of time from that month until the next calendar 20 due date. An order or judgment for the payment of support money 21 shall provide for the payment of the service fee. Upon its own 22 motion, the court may amend an order or judgment for the payment 23 of support money to provide for the payment of the service fee in 24 the amount provided by this subsection, upon proper notice to the 25 person ordered to pay the support money. The service fees shall 26 be turned over to the county treasurer and credited to the 27 general fund of the county. 04605'01 u * 9 1 (2) The court may hold in contempt a person who fails or 2 refuses to pay a service fee ordered under subsection (1). 3 Sec. 19a. The department, the SDU, and eachoffice of the4friend of the courtCOURT FAMILY SERVICES OFFICE shall cooperate 5 in the transition to the centralized receipt and disbursement of 6 support and fees.An office of the friend of the courtA COURT 7 FAMILY SERVICES OFFICE shall continue to receive and disburse 8 support and fees through the transition, based on the schedule 9 developed as required by section67 of the office of child 10 support act, 1971 PA 174, MCL400.236400.237, and modifica- 11 tions to that schedule as the department considers necessary. 12 Enacting section 1. This amendatory act does not take 13 effect unless Senate Bill No. ____ or House Bill No. 6011 14 (request no. 04605'01 *) of the 91st Legislature is enacted into 15 law. 04605'01 u * Final page. DGB