HB-4013, As Passed House, June 29, 2004                                     

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4013

                                                                             A bill to amend 1956 PA 205, entitled                                             

"The paternity act,"                                                        

by amending section 2 (MCL 722.712), as amended by 1998 PA 113.             

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 2.  (1) The parents of a child born out of wedlock are                 

2   liable for the necessary support and education of the child.                

3   They are also liable for the child's funeral expenses.   The                

4   father is liable to pay the expenses of the mother's confinement,           

5   and is also liable to pay expenses in connection with her                   

6   pregnancy as the court in its discretion may deem proper.

7   Subject to subsections (2) and (3), based on each parent's                  

8   ability to pay and on any other relevant factor, the court may              

9   apportion, in the same manner as medical expenses of the child              

10  are divided under the child support formula, the reasonable and             

11  necessary expenses of the mother's confinement and expenses in              

House Bill No. 4013 (S-2) as amended June 29, 2004

1   connection with her pregnancy between the parents and require the           

2   parent who did not pay the expense to pay his or her share of the           

3   expense to the other parent.  At the request of a person other              

4   than a parent who has paid the expenses of the mother's                     

5   confinement or expenses in connection with her pregnancy, the               

6   court may order a parent against whom the request is made to pay            

7   to the person other than a parent the parent's share of the                 

8   expenses.                                                                   

9       (2) If a pregnancy or a complication of a pregnancy has been                

10  determined in another proceeding to have been the result of                 

11  either a physical or sexual battery by a party to the case, the             

12  court shall apportion these expenses to the party who was the               

13  perpetrator of the battery.                                                 

14      (3) If medicaid has paid the confinement and pregnancy                      

15  expenses of a mother under this section, the court shall not                

16  apportion confinement and pregnancy expenses to the mother.                 

17  After the effective date of the amendatory act that added this              

18  subsection, based on the father's ability to pay and any other              

19  relevant factor, the court may apportion not more than 100% of              

20  the reasonable and necessary confinement and pregnancy costs to             

21  the father.  [If medicaid has not paid the confinement and pregnancy expenses of the mother under this section, the court shall require an itemized bill for the expenses upon request from the father before an apportionment is made.]

22      (4) The court order shall provide that if the father marries                

23  the mother after the birth of the child and provides                        

24  documentation of the marriage to the friend of the court, the               

25  father's obligation for payment of any remaining unpaid                     

26  confinement and pregnancy expenses is abated subject to                     

27  reinstatement after notice and hearing for good cause shown,                

1   including, but not limited to, dissolution of the marriage.  The            

2   remaining unpaid amount of the confinement and pregnancy expenses           

3   owed by the father is abated as of the date that documentation of           

4   the marriage is provided to the friend of the court.                        

5       (5) Each confinement and pregnancy expenses order entered by                

6   the court on or before the effective date of the amendatory act             

7   that added this subsection shall be considered by operation of              

8   law to provide for the abatement of the remaining unpaid                    

9   confinement and pregnancy expenses if the father marries the                

10  mother and shall be implemented under the same circumstances and            

11  enforced in the same manner as for the abatement of confinement             

12  and pregnancy expenses provided by subsection (4).

13  (6) The court shall admit in proceedings under this act a                   

14  bill for funeral expenses, expenses of the mother's confinement,            

15  or expenses in connection with the mother's pregnancy, which bill           

16  constitutes prima facie evidence of the amount of those expenses,           

17  without third party foundation testimony.                                   

18  (7)  (2)  If the father dies, an order of filiation or a                    

19  judicially approved settlement made before his death is                     

20  enforceable against his estate in the same manner and way as a              

21  divorce decree.                                                             

22  (8) As used in this section, "medicaid" means the medical                   

23  assistance program administered by the state under section 105 of           

24  the social welfare act, 1939 PA 280, MCL 400.105.

25      Enacting section 1.  This amendatory act takes effect                       

26  October 1, 2004.