July 24, 2007, Introduced by Senators CHERRY and OLSHOVE and referred to the Committee on Judiciary.
A bill to amend 1966 PA 138, entitled
"The family support act,"
by amending section 1 (MCL 552.451), as amended by 2002 PA 8.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (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. A complaint shall not be filed nor shall any summons
issue if divorce or separate maintenance proceedings are then
pending between the petitioner and his or her spouse.
(2) If the court finds that a nonresident parent is avoiding
personal service, the court shall enter an order permitting service
of process to be made by any of the following methods:
(a) Publishing a copy of the order once a week for 3
consecutive weeks in a newspaper in the county where the defendant
resides and sending a copy of the order to the defendant at his or
her last known address by registered mail, return receipt
requested, before the date of the last publication.
(b) Posting a copy of the order in the courthouse and 2 or
more public places the court directs for 3 continuous weeks and
sending a copy of the order to the defendant at his or her last
known address by registered mail, return receipt requested, before
the last week of posting.
(c) Any other method of service reasonably calculated to give
the defendant actual notice of the proceedings and an opportunity
to be heard.
(3) The court order under subsection (2) shall include the
following:
(a) The name of the court.
(b) The name of the parties.
(c) A statement describing the nature of the proceedings.
(d) A statement as to where and when the defendant may answer
or take other action permitted by law.
(e) A statement as to the effect of the defendant's failure to
answer.