November 30, 2006, Introduced by Rep. Lipsey and referred to the Committee on Judiciary.
A bill to amend 1952 PA 8, entitled
"Revised uniform reciprocal enforcement of support act,"
by amending sections 13 and 14 (MCL 780.163 and 780.164), section
13 as amended by 1990 PA 241 and section 14 as amended by 1999 PA
155.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 13. (1) When the court of this state, acting as a
responding court, receives from the interstate central registry of
this state copies of the petition, certificate, and act, the clerk
of the court shall docket the case and notify the prosecuting
attorney of the county, who shall be charged with the duty of
carrying on the proceedings.
(2) The prosecuting attorney shall take all action necessary
in accordance with the laws of this state to enable the court to
obtain jurisdiction over the obligor or the obligor's property. He
or she shall prosecute the case diligently.
(3) A prosecuting attorney petitioning for child support under
this act shall utilize as a guideline the child support formula
developed under
section 19 of the friend of the court act, Act No.
294
of the Public Acts of 1982, being section 552.519 of the
Michigan
Compiled Laws pursuant to
the child support formula
commission act.
Sec. 14. (1) If the court of this state when acting as a
responding court finds a duty of support, the court may order the
obligor to furnish support and subject the property of the obligor
to the order. The support order shall require that payments be made
to the office of the friend of the court or the state disbursement
unit, as appropriate.
(2) Except as otherwise provided in this section, the court
shall order support in an amount determined by application of the
child
support formula developed by the state friend of the court
bureau
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 support amount determined by application of the child
support formula.
(b) How the support order deviates from the child support
formula.
(c) The value of property or other support awarded in lieu 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
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).