SB-1128, As Passed Senate, May 10, 2006

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. The adjustment

shall continue until 35 days after the payer’s emergency military

service ends.

     (3) Upon receipt of a request for a military service

adjustment, 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 the place and manner for filing objections. If

a party objects to the adjustment, the friend of the court shall do

1 or more of the following:

     (a) Set a hearing to be held upon the payer's return from

emergency military service before a judge or referee to determine

whether the adjustment should be modified or set aside.

     (b) 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.

     (c) 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.

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

subsection (3), the adjustment shall continue until a party's

objection is resolved.

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

means that the payer is a member of a reserve unit or national

guard unit called into active military duty for a period of more

than 30 days.