HB-4768, As Passed House, July 2, 2003

SUBSTITUTE FOR

HOUSE BILL NO. 4768

                                                                             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 subsection (2), based on each parent's ability to pay            

8   and on any other relevant factor, the court may apportion the               

9   reasonable and necessary expenses of the mother's confinement and           

10  expenses in connection with her pregnancy between the parents and           

11  require the parent who did not pay the expense to pay his or her            

1   share of the expense to the other parent.  At the request of a              

2   person other than a parent who has paid the expenses of the                 

3   mother's confinement or expenses in connection with her                     

4   pregnancy, the court may order a parent against whom the request            

5   is made to pay to the person other than a parent the parent's               

6   share of the expenses.  The court's requirement to apportion                

7   confinement or pregnancy expenses applies only to pregnancies               

8   that occur after the effective date of the amendatory act that              

9   added subsection (3).                                                       

10      (2) If medicaid has paid the confinement and pregnancy                      

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

12  apportion confinement and pregnancy expenses to the mother.                 

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

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

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

16  the reasonable and necessary confinement and pregnancy costs to             

17  the father.  The court order shall provide that if the father               

18  marries the mother after the birth of the child and provides                

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

20  father's obligation for payment of any remaining unpaid                     

21  confinement and pregnancy expenses is tolled for the period of              

22  time of the marriage.  The remaining unpaid amount of the                   

23  confinement and pregnancy expenses owed by the father is tolled             

24  as of the date that documentation of the marriage is provided to            

25  the friend of the court.                                                    

26      (3) Each confinement and pregnancy expenses order entered by                

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

1   that added this subsection shall be considered by operation of              

2   law to provide for the tolling of the remaining unpaid                      

3   confinement and pregnancy expenses if the father marries the                

4   mother and shall be implemented under the same circumstances and            

5   enforced in the same manner as for the tolling of confinement and           

6   pregnancy expenses provided by subsection (2).

7   (4) The court shall admit in proceedings under this act a                   

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

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

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

11  without third party foundation testimony.                                   

12  (5)  (2)  If the father dies, an order of filiation or a                    

13  judicially approved settlement made before his death is                     

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

15  divorce decree.                                                             

16  (6) As used in this section, "medicaid" means the medical                   

17  assistance program administered by the state under section 105 of           

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