SB-1431, As Passed Senate, November 13, 2008

SUBSTITUTE FOR

SENATE BILL NO. 1431

     A bill to amend 1966 PA 138, entitled

"The family support act,"

by amending sections 1, 2, and 8a (MCL 552.451, 552.452, and

552.458a), section 1 as amended by 2002 PA 8 and sections 2 and 8a

as amended by 2002 PA 574; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. A married parent who has a minor child or children

living with him or her and who is living separate and away from his

or her spouse who is the noncustodial parent of the child or

children, and who is refused financial assistance by the

noncustodial parent to provide necessary shelter, food, care, and

clothing for the child or children, if the spouse is of sufficient

financial ability to provide that assistance, may complain to the

circuit court for the county where either parent resides for an

order for support for himself or herself and the minor child or

children. Subject to section 5b of the support and parenting time

enforcement act, 1982 PA 295, MCL 552.605b, the parent may also

complain to the circuit court for support for a child or children

after they reach 18 years of age. The proceedings shall be

commenced by the filing of a complaint verified by the petitioner

and by issuance of a summons that shall be personally served upon

the noncustodial parent of the children and spouse of the

petitioner in the manner provided by court rules for the service of

process in civil actions. A complaint shall not be filed nor shall

any and a summons issue shall not be issued if divorce or separate

maintenance proceedings are then pending between the petitioner and

his or her spouse.

     Sec. 2. (1) Upon the hearing of the complaint, in the manner

of a motion, the court may enter an order as it determines proper

for the support of the petitioner and the minor child or children

of the parties as prescribed in section 5 of the support and

parenting time enforcement act, 1982 PA 295, MCL 552.605. The order

shall provide that payment shall be made to the friend of the court

or the state disbursement unit. If the parent complained of opposes

the entry of the order upon the ground that he or she is without

sufficient financial ability to provide necessary shelter, food,

care, clothing, and other support for his or her spouse and child

or children, the burden of proving this lack of ability is on the

parent against whom the complaint is made. The order shall state in

separate paragraphs the amount of support for the petitioner until

the further order of the court, and the amount of support for each

child until each child reaches 18 years of age or until the further

order of the court. Subject to section 5b of the support and

parenting time enforcement act, 1982 PA 295, MCL 552.605b, the

court may also order support for the child after the child reaches

18 years of age, or until the further order of the court. Support

ordered may include expenses of medical, dental, and other health

care, child care, and education, necessary medical expenses

incurred in connection with the mother's pregnancy or the birth of

the child, and the expense of genetic testing. A child support

obligation is only retroactive to the date that the complaint for

support was filed unless any of the following circumstances exist:

     (a) The defendant was avoiding service of process.

     (b) The defendant threatened or coerced through domestic

violence or other means the complainant not to file a proceeding

under this act.

     (c) The defendant otherwise delayed the imposition of a

support obligation.

     (2) The court shall order medical expenses incurred in

connection with the mother's pregnancy or the birth of the child

under this section in the same manner as medical expenses are

ordered under section 2 of the paternity act, 1956 PA 205, MCL

722.712, and shall include in its order provisions as required by

that section for orders entered under that act.

(3) (2) A support order entered under this section is

enforceable as provided in the support and parenting time

enforcement act, 1982 PA 295, MCL 552.601 to 552.650. If this act

contains a specific provision regarding the contents or enforcement

of a child support order that conflicts with a provision in the

support and parenting time enforcement act, 1982 PA 295, MCL

552.601 to 552.650, this act controls in regard to that provision.

(4) (3) If there is no dispute regarding a child's custody,

the court shall include in an order for support issued under this

act specific provisions governing custody of and parenting time for

the child in accordance with the child custody act of 1970, 1970 PA

91, MCL 722.21 to 722.31. If there is a dispute regarding custody

of and parenting time for the child, the court shall include in an

order for support issued under this act specific temporary

provisions governing custody of and parenting time for the child.

Pending a hearing on or other resolution of the dispute, the court

may refer the matter to the office of the friend of the court for a

written report and recommendation as provided in section 5 of the

friend of the court act, 1982 PA 294, MCL 552.505. In a dispute

regarding custody of and parenting time for a child, the

prosecuting attorney is not required to represent either party

regarding the dispute.

     Sec. 8a. The department, the SDU, and each office of the

friend of the court shall cooperate in the transition to The SDU is

responsible for the centralized receipt and disbursement of

support. and fees. An office of the friend of the court shall may

continue to receive and disburse support and fees. through the

transition, based on the schedule developed as required by section

7 of the office of child support act, 1971 PA 174, MCL 400.237, and

modifications to that schedule as the department considers

necessary.

     Enacting section 1. Section 7 of the family support act, 1966

PA 138, MCL 552.457, is repealed.

     Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 94th Legislature are

enacted into law:

     (a) Senate Bill No. 1427.

     (b) Senate Bill No. 1430.