HB-6701, As Passed House, December 7, 2006
November 30, 2006, Introduced by Reps. Virgil Smith and Bieda and referred to the Committee on Judiciary.
A bill to amend 1982 PA 295, entitled
"Support and parenting time enforcement act,"
by amending section 5 (MCL 552.605), as added by 2001 PA 106.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) If a court orders the payment of child support
under this or another act of the state, this section applies to
that order.
(2) Except as otherwise provided in this section, the court
shall order child support in an amount determined by application of
the
child support formula developed by the state friend of the
court
bureau as required in section 19 of the friend of the court
act,
MCL 552.519 pursuant to the
child support formula commission
act. The court may enter an order that deviates from the formula if
the court determines from the facts of the case that application of
the child support formula would be unjust or inappropriate and sets
forth in writing or on the record all of the following:
(a) The child support amount determined by application of the
child support formula.
(b) How the child support order deviates from the child
support formula.
(c) The value of property or other support awarded instead of
the payment of child support, if applicable.
(d) The reasons why application of the child support formula
would be unjust or inappropriate in the case.
(3) Subsection (2) does not prohibit the court from entering a
child support order that is agreed to by the parties and that
deviates from the child support formula, if the requirements of
subsection (2) are met.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 6698(request no.
03402'05).
(b) Senate Bill No.____ or House Bill No. 6699(request no.
03402'05 a).