HB-4654, As Passed House, March 17, 2004

SUBSTITUTE FOR

HOUSE BILL NO. 4654

                   (As amended March 17, 2004)                              

                                                                             A bill to amend 1971 PA 174, entitled                                             

"Office of child support act,"                                              

(MCL 400.231 to 400.240) by adding section 3b.                              

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1   Sec. 3b.  (1) If an individual who is obligated to pay child                

2   support has past due child support, criminal and civil penalties            

3   provided by law for failing or refusing to pay the past due child           

4   support may be waived as established in criteria developed                  

5   jointly between the office and the state court administrative               

6   office upon written request of the individual and full payment of           

7   the past due child support, as provided in this section.                    

8       (2) For a period to be designated by the office of not less                 

9   than [90 days                            ], and ending before [7]

10  months after the effective date of the amendatory act that added            

11  this section, there shall be an amnesty period during which the             

1   office shall not enforce criminal and civil penalties provided by           

2   law for failing or refusing to pay past due child support if the            

3   individual who is obligated to pay child support makes a written            

4   request for a waiver, and makes a payment in either a lump sum or           

5   installments as provided under subsection (6).                              

6       (3) This section applies to the nonpayment of child support                 

7   previously determined to be due, but only to the extent of the              

8   criminal and civil penalties on the past due child support                  

9   attributable to the child support that was previously due and               

10  that is paid during the amnesty period provided for in subsection           

11  (2).                                                                        

12      (4) The office shall administer this section.                               

13      (5) The office shall provide notice to individuals who owe                  

14  past due child support who may be eligible for the amnesty                  

15  program at least 60 days before the start of the designated                 

16  amnesty period.  Notification is sufficient if a description of             

17  the amnesty program is included in scheduled notices and on the             

18  internet.                                                                   

19      (6) Under the amnesty program described in subsection (2), an               

20  individual who is obligated to pay child support may pay past due           

21  child support in installments if the individual submits 50% of              

22  the past due child support due with the request for waiver under            

23  subsection (2) and pays the remaining past due child support no             

24  later than 90 days after the start of the designated amnesty                

25  period.                                                                     

26      (7) An individual is not eligible to participate in the child               

27  support amnesty program if, before the individual seeks                     

House Bill No. 4654 (H-3) as amended March 17, 2004

1   participation in the amnesty program, any of the following                  

2   apply:                                                                      

3       (a) Prosecution has been initiated under section 161, 165, or               

4   167 of the Michigan penal code, 1931 PA 328, MCL 750.161,                   

5   750.165, and 750.167.                                                       

6       (b) The individual has been arrested on a criminal warrant                  

7   related to the individual's child support obligation.                       

8       (c) The individual has been arrested on a bench warrant                     

9    related to the individual's child support obligation.

     [Enacting section 1.  This amendatory act does not take effect unless all of the following bills of the 92nd Legislature are enacted into law:

     (a) House Bill No. 5259.

     (b) House Bill No. 5262.]