INCOME WITHHOLDING ADJUSTMENT H.B. 4772 (S-1): FLOOR ANALYSIS
House Bill 4772 (Substitute S-1 as reported)
Sponsor: Representative Barb Vander Veen
House Committee: Judiciary
Senate Committee: Families and Human Services
CONTENT
The bill would amend the Support and Parenting Time Enforcement Act to do the following:
-- Require the Friend of the Court (FOC) to send a notice of arrearage if a support payer(s income withholding were being administratively adjusted.
-- Revise requirements regarding information that must be included in an arrearage notice.
-- Allow a payer to contest an order of income withholding on the ground that an administrative adjustment would cause an unjust or inappropriate result.
-- Revise provisions under which an employer may be held in contempt for failing to comply with an income withholding order; and provide that the Family Independence Agency would be responsible for initiating contempt proceedings.
-- Allow a court to find a payer in contempt for failing to obtain a source of income and participate in a work activity after referral by the FOC; and order him or her to pay a maximum fine of $100 to the FOC Fund.
-- Require a court, upon finding a payer in contempt, to order him or her to participate in a work activity; and order him or her to pay a maximum fine of $100 to the FOC Fund.
The bill would take effect on February 28, 2005.
MCL 552.607 et al. Legislative Analyst: Julie Koval
FISCAL IMPACT
It appears that the bill would have no fiscal impact on the Family Independence Agency. The Family Independence Agency, being the IV-D Agency under the Social Security Act, may incur some indeterminate administrative costs if it chooses to initiate contempt proceedings regarding a source of income.
The bill would have no fiscal impact on the judiciary.
Date Completed: 5-20-04 Fiscal Analyst: Constance Cole
Bethany Wicksall
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. hb4772/0304