April 5, 2007, Introduced by Reps. Stakoe, LaJoy, Stahl, Sheen and Caul and referred to the Committee on Families and Children's Services.
A bill to amend 1982 PA 295, entitled
"Support and parenting time enforcement act,"
by amending section 3 (MCL 552.603), as amended by 2002 PA 572, and
by adding section 20.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) A support order issued by a court of this state
shall be enforced as provided in this act.
(2) Except as otherwise provided in this section, a support
order that is part of a judgment or is an order in a domestic
relations matter is a judgment on and after the date the support
amount is due as prescribed in section 5c, with the full force,
effect, and attributes of a judgment of this state, and is not, on
and after the date it is due, subject to retroactive modification.
Retroactive modification of a support payment due under a support
order is permissible with respect to a period during which there is
pending a petition for modification, but only from the date that
notice of the petition was given to the payer or recipient of
support.
(3) This section does not apply to an ex parte interim support
order or a temporary support order entered under supreme court
rule.
(4) The office of the friend of the court shall make available
to a payer or payee the forms and instructions described in section
5 of the friend of the court act, MCL 552.505.
(5)
This section does not prohibit do any of the
following:
(a) Prohibit a court approved agreement between the parties to
retroactively
modify a support order. This section does not limit
(b) Prohibit the entry of an order under section 20.
(c) Limit other enforcement remedies available under this or
another act.
(6) Every support order that is part of a judgment issued by a
court of this state or that is an order in a domestic relations
matter shall include all of the following:
(a) Substantially the following statement: "Except as
otherwise provided in section 3 of the support and parenting time
enforcement act, 1982 PA 295, MCL 552.603, a support order that is
part of a judgment or that is an order in a domestic relations
matter as defined in section 2 of the friend of the court act, 1982
PA 294, MCL 552.502, is a judgment on and after the date each
support payment is due, with the full force, effect, and attributes
of a judgment of this state, and is not, on and after the date it
is due, subject to retroactive modification. A surcharge will be
added to support amounts that are past due as provided in section
3a of the support and parenting time enforcement act, 1982 PA 295,
MCL 552.603a.".
(b) Notice informing the payer of the imposition of liens by
operation of law and that the payer's real and personal property
can be encumbered or seized if an arrearage accrues in an amount
greater than the amount of periodic support payments payable under
the payer's support order for the time period specified in the
support and parenting time enforcement act, 1982 PA 295, MCL
552.601 to 552.650.
(7) Each support order that is an order in a friend of the
court case shall include all of the following:
(a) A requirement that, within 21 days after the payer or
payee changes his or her residential or mailing address, that
individual report the new address and his or her telephone number
in writing to the friend of the court.
(b) A requirement that both the payer and payee notify the
office of the friend of the court if he or she holds an
occupational license and if he or she holds a driver's license.
(c) The name, address, and telephone number of the payer's and
payee's current sources of income.
(d) A requirement that both the payer and payee inform the
office of the friend of the court of his or her social security
number and driver's license number. The requirement of this
subdivision to provide a social security number with the
information does not apply to a payer or payee who demonstrates he
or she is exempt under law from obtaining a social security number
or to a payer or payee who for religious convictions is exempt
under law from disclosure of his or her social security number
under these circumstances. The court shall inform the payer and
payee of this possible exemption.
(e) Notice that an order for dependent health care coverage
takes effect immediately and will be sent to the parent's current
and subsequent employers and insurers if appropriate. The notice
shall inform the parent that he or she may contest the action by
requesting a review or hearing concerning availability of health
care coverage at a reasonable cost.
(8)
A support order shall does
not accrue interest.
Sec. 20. (1) On motion of a payer, the court may order a
recipient of support to repay to the payer money paid under a child
support order on either of the following grounds:
(a) Fraud, misrepresentation, or other misconduct on the part
of the recipient of support in relation to the entry of the support
order.
(b) The use of the money by the recipient of support for a
purpose other than support of the child.
(2) A motion under subsection (1)(a) shall be filed within 1
year after the support order is entered. A motion under subsection
(1)(b) shall be filed within 1 year after the misuse of the money.
(3) Instead of ordering the repayment of child support under
this section, the court may order that the amount improperly paid
be credited against future support payments for the child.