HB-4768, As Passed Senate, June 23, 2004                                    

SENATE 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 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              

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.                                                                 

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

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

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

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

26  without third party foundation testimony.                                   

27  (5)  (2)  If the father dies, an order of filiation or a                    

1   judicially approved settlement made before his death is                     

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

3   divorce decree.                                                             

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

5   assistance program administered by the state under section 105 of           

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

7       Enacting section 1.  This amendatory act takes effect                       

8   October 1, 2004.