November 30, 2006, Introduced by Reps. Lipsey and Bieda and referred to the Committee on Judiciary.
A bill to create a child support formula commission; and to
provide for its powers and duties.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "child
support formula commission act".
Sec. 2. As used in this act:
(a) "Automatic annual changes" means regular adjustments in
the cost of living and the federal poverty guidelines.
(b) "Commission" means the child support formula commission
created in section 3.
Sec. 3. (1) The child support formula commission is created
within the department of human services.
(2) The commission shall consist of the following members:
(a) Seven voting members appointed by the governor as follows:
(i) One individual chosen from a list submitted by the office
of child support.
(ii) One individual chosen from a list submitted by the state
court administrative office.
(iii) One individual chosen from a list submitted by the
Michigan friend of the court association.
(iv) One individual chosen from a list submitted by the
prosecuting attorneys association of Michigan.
(v) One judge or referee chosen from a list submitted by the
Michigan judges association and the referees association of
Michigan.
(vi) One family law practitioner chosen from a list submitted
by the family law section of the state bar of Michigan.
(vii) One individual chosen from the general public.
(b) Eleven nonvoting members appointed by the governor as
follows:
(i) Two custodial party advocates, consisting of 1 individual
chosen from a list submitted jointly by the Michigan friend of the
court association and the family law council of the state bar of
Michigan and 1 individual who is a custodial parent.
(ii) Two noncustodial party advocates, consisting of 1
individual chosen from a list submitted jointly by the Michigan
friend of the court association and the family law council of the
state bar of Michigan and 1 individual who is a noncustodial
parent.
(iii) One advocate for children from the children's ombudsman
office.
(iv) One individual chosen from a list submitted by the office
of child support.
(v) One individual chosen from a list submitted by the state
court administrative office.
(vi) One individual chosen from a list submitted by the
Michigan friend of the court association.
(vii) One individual chosen from a list submitted by the
prosecuting attorneys association of Michigan.
(viii) One referee chosen from a list submitted by the referees
association of Michigan.
(ix) One family law practitioner chosen from a list submitted
by the family law section of the state bar of Michigan.
(3) The members first appointed to the commission shall be
appointed within 60 days after the effective date of this act.
(4) Members of the commission shall serve for terms of 4 years
or until a successor is appointed, whichever is later.
(5) If a vacancy occurs on the commission, the governor shall
make an appointment for the unexpired term in the same manner as
the original appointment.
(6) The governor may remove a member of the commission for
incompetency, dereliction of duty, malfeasance, misfeasance, or
nonfeasance in office, or any other good cause.
(7) The first meeting of the commission shall be called by the
director of the department of human services. At the first meeting,
the voting members of the commission shall elect from among their
members a chairperson and other officers as they consider necessary
or appropriate. After the first meeting, the commission shall meet
at least quarterly, or more frequently at the call of the
chairperson.
(8) A majority of the members of the commission constitute a
quorum for the transaction of business at a meeting of the
commission. A majority of the members present and serving are
required for official action of the commission.
(9) The business that the commission may perform shall be
conducted at a public meeting of the commission held in compliance
with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(10) A writing prepared, owned, used, in the possession of, or
retained by the commission in the performance of an official
function is subject to the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246.
(11) Members of the commission shall serve without
compensation. However, members of the commission may be reimbursed
for their actual and necessary expenses incurred in the performance
of their official duties as members of the commission.
Sec. 4. (1) The commission shall do all of the following:
(a) Adopt bylaws and rules to govern the operation of the
commission.
(b) Adopt the child support formula created by the friend of
the court bureau that is in effect on the effective date of this
act.
(c) Review the child support formula as required by federal
law and make any necessary revisions. The formula shall be used in
establishing and modifying a child support amount and health care
obligation and shall be based upon the needs of the child and the
actual resources of each parent. The formula shall establish a
minimum threshold for modification of a child support amount. The
formula shall consider the child care and dependent health care
coverage costs of each parent. The formula shall include guidelines
for setting and administratively adjusting the amount of periodic
payments for overdue support, including guidelines for adjustment
of arrearage payment schedules when the current support obligation
for a child terminates and the payer owes overdue support. The
formula shall be subject to any automatic annual changes.
(d) Hold public hearings on any recommended changes to the
formula in the following 4 geographical regions of the state:
(i) The Upper Peninsula.
(ii) That portion of the Lower Peninsula consisting of Oceana,
Newaygo, Mecosta, Isabella, Midland, and Bay counties and the area
north of those counties.
(iii) That portion of the Lower Peninsula consisting of Huron,
Tuscola, Saginaw, Shiawassee, Livingston, Washtenaw, and Lenawee
counties and the area south and east of those counties.
(iv) That portion of the Lower Peninsula consisting of
Hillsdale, Jackson, Ingham, Clinton, Gratiot, Montcalm, Kent, and
Muskegon counties and the area south and west of those counties.
(e) Accept written public comment on the proposed changes to
the formula for 10 days following the public hearings.
(f) Distribute printed copies of the formula to all Michigan
judges, friends of the court, prosecutors, referees, and depository
libraries in this state.
(g) Maintain a website providing public access to the child
support formula.
(h) Promulgate rules necessary to carry out the provisions of
this act pursuant to the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328.
(2) The commission may do 1 or more of the following:
(a) Consider changes to the formula any time that it
determines that a special circumstance exists.
(b) Consider issues relevant to the fair and just application
of the formula, including, but not limited to, a study of court
ordered deviations, a review of public comments received
immediately prior to initiation of the review process, the effect
of income differential on the application of the formula, potential
adjustments to the formula for differences in custodial
arrangements, and the effect of the existing tax code.
(c) Preserve any portion of the formula not subject to
automatic annual change.
Enacting section 1. This act does not take effect unless
Senate Bill No.____ or House Bill No. 6699(request no. 03402'05 a)
of the 93rd Legislature is enacted into law.