SB-1128, As Passed Senate, December 12, 2006

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1128

     A bill to amend 1982 PA 295, entitled

"Support and parenting time enforcement act,"

(MCL 552.601 to 552.650) by adding section 15a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 15a. (1) If a payer is called to emergency military

service, that payer may request a military service adjustment on

his or her support obligation by providing a written request to the

office of the friend of the court along with information showing

all military and civilian pay. A military service adjustment shall

be made by multiplying the payer's child support by a fraction, the

numerator of which is the payer's income during emergency military

service and the denominator of which is the payer's income upon

which the support was ordered.

     (2) Except as otherwise provided in this subsection, a payer

is not eligible for a military service adjustment before the date

the friend of the court receives the request for the military

service adjustment. If the payer requests a military service

adjustment on or before 56 days from the date the payer is called

to emergency military service, the friend of the court shall make

the military service adjustment effective beginning on the date of

the commencement of emergency military service.

     (3) If the friend of the court receives a request for a

military service adjustment under subsection (1), the friend of the

court shall calculate the adjustment as provided under this section

and shall notify all parties of the amount of the adjustment, that

they may object to the adjustment within 21 days, and of the place

and manner for filing objections.

     (4) If a party objects to a military service adjustment under

this section, the military service adjustment shall continue until

a party's objection is resolved under subsection (5) or until 35

days after the payer's emergency military service ends, whichever

is sooner.

     (5) If a party objects to a military service adjustment under

this section, the friend of the court shall set a hearing to be

held before a judge or referee to determine whether the military

service adjustment should be modified or set aside. The hearing

shall be held as soon as possible, and the court may permit the

payer to appear at the hearing by any means authorized by supreme

court rules. If the court cannot hold the hearing during the

payer's emergency military service, the court shall do 1 of the

following:

     (a) Hold the hearing no later than 35 days after the payer's

emergency military service ends.

     (b) Conduct a support review upon a payer's return from

emergency military service. If a support review is conducted, the

notice of adjustment shall be treated as a petition for

modification of support for determining an effective date for the

modification.

     (c) Schedule a meeting between the parties to be held upon the

payer's return from emergency military service to attempt to

resolve the dispute over whether the adjustment should be set aside

or modified.

     (6) As used in this section, "emergency military service"

means that the payer is a member of the armed forces reserves or

national guard, called into active military duty for a period of

more than 30 days.