March 22, 2007, Introduced by Reps. Byrum, Coulouris, LeBlanc, McDowell, Lahti, Ebli, Bieda, Valentine, Bennett, Byrnes, Angerer, Wenke and Young and referred to the Committee on Intergovernmental, Urban and Regional Affairs.
A bill to amend 1956 PA 205, entitled
"The paternity act,"
by amending section 2 (MCL 722.712), as amended by 2004 PA 253.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. (1) The parents of a child born out of wedlock are
liable for the necessary support and education of the child. They
are also liable for the child's funeral expenses. Subject to
subsections (2) and (3), based on each parent's ability to pay and
on any other relevant factor, the court may apportion, in the same
manner as medical expenses of the child are divided under the child
support formula, the reasonable and necessary expenses of the
mother's confinement and expenses in connection with her pregnancy
between the parents and require the parent who did not pay the
expense to pay his or her share of the expense to the other parent.
At the request of a person other than a parent who has paid the
expenses of the mother's confinement or expenses in connection with
her pregnancy, the court may order a parent against whom the
request is made to pay to the person other than a parent the
parent's share of the expenses.
(2) If a pregnancy or a complication of a pregnancy has been
determined in another proceeding to have been the result of either
a physical or sexual battery by a party to the case, the court
shall apportion these expenses to the party who was the perpetrator
of the battery.
(3) If medicaid has paid the confinement and pregnancy
expenses of a mother under this section, the court shall not
apportion
confinement and pregnancy expenses to the mother. After
the
effective date of the amendatory act that added this subsection
October 1, 2004, based on the father's ability to pay and any other
relevant factor, the court may apportion not more than 100% of the
reasonable and necessary confinement and pregnancy costs to the
father. If medicaid has not paid the confinement and pregnancy
expenses of the mother under this section, the court shall require
an itemized bill for the expenses upon request from the father
before an apportionment is made.
(4) The court order shall provide that if the father marries
the mother after the birth of the child and provides documentation
of the marriage to the friend of the court, the father's obligation
for payment of any remaining unpaid confinement and pregnancy
expenses is abated subject to reinstatement after notice and
hearing for good cause shown, including, but not limited to,
dissolution of the marriage. The remaining unpaid amount of the
confinement and pregnancy expenses owed by the father is abated as
of the date that documentation of the marriage is provided to the
friend of the court.
(5) Each confinement and pregnancy expenses order entered by
the
court on or before the effective date of the amendatory act
that
added this subsection October
1, 2004 shall be considered by
operation of law to provide for the abatement of the remaining
unpaid confinement and pregnancy expenses if the father marries the
mother and shall be implemented under the same circumstances and
enforced in the same manner as for the abatement of confinement and
pregnancy expenses provided by subsection (4).
(6) The court shall admit in proceedings under this act a bill
for funeral expenses, expenses of the mother's confinement, or
expenses in connection with the mother's pregnancy, which bill
constitutes prima facie evidence of the amount of those expenses,
without third party foundation testimony.
(7) If the father dies, an order of filiation or a judicially
approved settlement made before his death is enforceable against
his estate in the same manner and way as a divorce decree.
(8) An order of filiation, or any document attached to or
filed in the case file with the order, shall not contain personal
identifying information, unless specifically required by state or
federal law, rule, or regulation or by a court order or rule. This
section does not affect an obligation of a person to provide
personal identifying information to the friend of the court or
another person.
(9) (8)
As used in this section: ,
"medicaid"
(a) "Medicaid" means the medical assistance program
administered by the state under section 105 of the social welfare
act, 1939 PA 280, MCL 400.105.
(b) "Personal identifying information" means that term as
defined in section 3 of the identity theft protection act, 2004 PA
452, MCL 445.63, except that personal identifying information does
not include a person's name or address.