June 26, 2008, Introduced by Senator JANSEN and referred to the Committee on Families and Human Services.
A bill to amend 1982 PA 295, entitled
"Support and parenting time enforcement act,"
by amending sections 2, 3, 3a, 5b, 5c, 5d, 5e, 7, 9, 24, 25a, 28,
29, 30, 31, 33, 35, 39, 44, 45, 46, and 48 (MCL 552.602, 552.603,
552.603a, 552.605b, 552.605c, 552.605d, 552.605e, 552.607, 552.609,
552.624, 552.625a, 552.628, 552.629, 552.630, 552.631, 552.633,
552.635, 552.639, 552.644, 552.645, 552.646, and 552.648), sections
2 and 3a as amended by 2004 PA 208, sections 3 and 24 as amended by
2002 PA 572, section 5b as added by 2001 PA 106, section 28 as
amended and section 5c as added by 2002 PA 565, section 5d as added
by 2002 PA 570, section 5e as added by 2004 PA 211, sections 7, 33,
and 35 as amended by 2004 PA 206, sections 9 and 48 as amended by
1999 PA 160, section 25a as amended by 2004 PA 484, sections 29 and
30 as amended by 1998 PA 334, section 31 as amended by 2004 PA 569,
and sections 44 and 45 as amended by 2002 PA 568; and to repeal
acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Account" means any of the following:
(i) A demand deposit account.
(ii) A draft account.
(iii) A checking account.
(iv) A negotiable order of withdrawal account.
(v) A share account.
(vi) A savings account.
(vii) A time savings account.
(viii) A mutual fund account.
(ix) A securities brokerage account.
(x) A money market account.
(xi) A retail investment account.
(b) "Account" does not mean any of the following:
(i) A trust.
(ii) An annuity.
(iii) A qualified individual retirement account.
(iv) An account covered by the employee retirement income
security
act of 1974, Public Law 93-406. , 88 Stat. 829.
(v) A pension or retirement plan.
(vi) An insurance policy.
(c) "Address" means the primary address shown on the records
of a financial institution used by the financial institution to
contact the account holder.
(d) "Cash" means money or the equivalent of money, such as a
money order, cashier's check, or negotiable check or a payment by
debit or credit card, which equivalent is accepted as cash by the
agency accepting the payment.
(e) "Custody or parenting time order violation" means an
individual's act or failure to act that interferes with a parent's
right to interact with his or her child in the time, place, and
manner established in the order that governs custody or parenting
time between the parent and the child and to which the individual
accused of interfering is subject.
(f)
"Department" means the family independence agency
department of human services.
(g) "Domestic relations matter" means a circuit court
proceeding
as to child custody or parenting time, or child support,
or spousal support in conjunction with child support, that arises
out of litigation under a statute of this state, including, but not
limited to, the following:
(i) 1846 RS 84, MCL 552.1 to 552.45.
(ii) The family support act, 1966 PA 138, MCL 552.451 to
552.459.
(iii) Child The child custody act of
1970, 1970 PA 91, MCL
722.21 to 722.31.
(iv) 1968 PA 293, MCL 722.1 to 722.6.
(v) The paternity act, 1956 PA 205, MCL 722.711 to 722.730.
(vi) Revised The revised uniform
reciprocal enforcement of
support act, 1952 PA 8, MCL 780.151 to 780.183.
(vii) Uniform The uniform interstate
family support act, 1996
PA 310, MCL 552.1101 to 552.1901.
(h) "Driver's license" means license as that term is defined
in section 25 of the Michigan vehicle code, 1949 PA 300, MCL
257.25.
(i) "Employer" means an individual, sole proprietorship,
partnership, association, or private or public corporation, the
United States or a federal agency, this state or a political
subdivision of this state, another state or a political subdivision
of another state, or another legal entity that hires and pays an
individual for his or her services.
(j) "Financial asset" means a deposit, account, money market
fund, stock, bond, or similar instrument.
(k) "Financial institution" means any of the following:
(i) A state or national bank.
(ii) A state or federally chartered savings and loan
association.
(iii) A state or federally chartered savings bank.
(iv) A state or federally chartered credit union.
(v) An insurance company.
(vi) An entity that offers any of the following to a resident
of this state:
(A) A mutual fund account.
(B) A securities brokerage account.
(C) A money market account.
(D) A retail investment account.
(vii) An entity regulated by the securities and exchange
commission that collects funds from the public.
(viii) An entity that is a member of the national association of
securities dealers and that collects funds from the public.
(ix) Another entity that collects funds from the public.
(l) "Friend of the court act" means the friend of the court
act, 1982 PA 294, MCL 552.501 to 552.535.
(m) "Friend of the court case" means that term as defined in
section
2 of the friend of the court act, MCL 552.502. The term
"friend
of the court case", when used in a provision of this act,
is
not effective until on and after December 1, 2002.
(n) "Income" means any of the following:
(i) Commissions, earnings, salaries, wages, and other income
due or to be due in the future to an individual from his or her
employer
and or a successor employers employer.
(ii) A payment due or to be due in the future to an individual
from a profit-sharing plan, a pension plan, an insurance contract,
an annuity, social security, unemployment compensation,
supplemental unemployment benefits, or worker's compensation.
(iii) An amount of money that is due to an individual as a debt
of another individual, partnership, association, or private or
public corporation, the United States or a federal agency, this
state or a political subdivision of this state, another state or a
political subdivision of another state, or another legal entity
that is indebted to the individual.
(o) "Insurer" means an insurer, health maintenance
organization, health care corporation, or other group, plan, or
entity that provides health care coverage in accordance with any of
the following acts:
(i) Public The public health code, 1978
PA 368, MCL 333.1101 to
333.25211.
(ii) The insurance code of 1956, 1956 PA 218, MCL 500.100 to
500.8302.
(iii) The nonprofit health care corporation reform act, 1980 PA
350, MCL 550.1101 to 550.1704.
(p) "Medical assistance" means medical assistance as
established
under title XIX of the social security act, chapter
531,
49 Stat. 620, 42 USC 1396 to
1396r-6 and 1396r-8 to 1396v.
(q) "Most recent semiannual obligation" means the total amount
of current child support owed by a parent during the preceding
January 1 to June 30 or July 1 to December 31.
(r) "Occupational license" means a certificate, registration,
or license issued by a state department, bureau, or agency that has
regulatory authority over an individual that allows an individual
to legally engage in a regulated occupation or that allows the
individual to use a specific title in the practice of an
occupation, profession, or vocation.
(s) "Office of child support" means the office of child
support established in section 2 of the office of child support
act, 1971 PA 174, MCL 400.232.
(t) "Office of the friend of the court" means an agency
created in section 3 of the friend of the court act, MCL 552.503.
(u) "Order of income withholding" means an order entered by
the circuit court providing for the withholding of a payer's income
to enforce a support order under this act.
(v) "Payer" means an individual who is ordered by the circuit
court to pay support.
(w) "Person" means an individual, partnership, corporation,
association, governmental entity, or other legal entity.
(x) "Plan administrator" means that term as used in relation
to a group health plan under section 609 of title I of the employee
retirement
income security act of 1974, Public Law 93-406, 29 USC
1169, if the health care coverage plan of the individual who is
responsible for providing a child with health care coverage is
subject to that act.
(y) "Political subdivision" means a county, city, village,
township, educational institution, school district, or special
district or authority of this state or of a local unit of
government.
(z) "Recipient of support" means the following:
(i) The spouse, if the support order orders spousal support.
(ii) The custodial parent or guardian, if the support order
orders support for a minor child or a child who is 18 years of age
or older.
(iii) The department, if support has been assigned to that
department.
(iv) The county, if the minor child is in county-funded foster
care.
(aa) "Recreational or sporting license" means a hunting,
fishing, or fur harvester's license issued under the natural
resources and environmental protection act, 1994 PA 451, MCL
324.101 to 324.90106, but does not include a commercial fishing
license or permit issued under part 473 of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.47301 to
324.47362.
(bb) "Referee" means a person who is designated as a referee
under the friend of the court act.
(cc) "Source of income" means an employer or successor
employer, a labor organization, or another individual or entity
that owes or will owe income to the payer.
(dd) "State disbursement unit" or "SDU" means the entity
established in section 6 of the office of child support act, 1971
PA 174, MCL 400.236.
(ee) "State friend of the court bureau" means that bureau as
created in the state court administrative office under section 19
of the friend of the court act, MCL 552.519.
(ff) "Support" means all of the following:
(i) The payment of money for a child or a spouse ordered by the
circuit court, whether the order is embodied in an interim,
temporary, permanent, or modified order or judgment. Support may
include payment of the expenses of medical, dental, and other
health care, child care expenses, and educational expenses.
(ii) The payment of money ordered by the circuit court under
the paternity act, 1956 PA 205, MCL 722.711 to 722.730, for the
necessary expenses incurred by or for the mother in connection with
her confinement, for other expenses in connection with the
pregnancy of the mother, or for the repayment of genetic testing
expenses.
(iii) A surcharge under section 3a.
(gg) "Support order" means an order entered by the circuit
court for the payment of support, whether or not a sum certain.
(hh) "Title IV-D" means part D of title IV of the social
security
act, chapter 531, 49 Stat. 620, 42 USC 651 to 655, 656 to
657,
658a to 660, and 663 to 669b.
(ii)
"Title IV-D agency" means the an agency in this state
performing
the functions under title IV-D and includes a person
performing
those functions under contract under
a statute of this
state, including an the office of child support, the friend of the
court, or a prosecuting attorney when performing functions assigned
to another agency pursuant to an agreement authorized under a
statute of this state.
(jj) "Work activity" means any of the following:
(i) Unsubsidized employment.
(ii) Subsidized private sector employment.
(iii) Subsidized public sector employment.
(iv) Work experience, including work associated with the
refurbishing of publicly assisted housing, if sufficient private
sector employment is not available.
(v) On-the-job training.
(vi) Referral to and participation in the work first program
prescribed in the social welfare act, 1939 PA 280, MCL 400.1 to
400.119b, or other job search and job readiness assistance.
(vii) Community A community service programs
program.
(viii) Vocational educational training, not to exceed 12 months
with respect to an individual.
(ix) Job skills training directly related to employment.
(x) Education directly related to employment, in the case of
an individual who has not received a high school diploma or a
certificate of high school equivalency.
(xi) Satisfactory attendance at secondary school or in a course
of study leading to a certificate of general equivalence, in the
case of an individual who has not completed secondary school or
received such a certificate.
(xii) The provisions provision of child care services to an
individual who is participating in a community service program.
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.
No additional action is necessary to reduce support to a final
judgment. 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 a court approved agreement
between the parties to retroactively modify a support order. This
section does not 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 may
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 this act.
(c) Notice that an order for dependent health care coverage
takes effect immediately and that, in a friend of the court case, a
national medical support notice 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.
(7) Each support order that is an order in a friend of the
court
case shall include all of require
each party to provide the
friend of the court a single mailing address to which all notices
and papers will be served, to provide the friend of the court all
of the following information, and to notify the friend of the court
in writing within 21 days after any change to the following:
(a)
A requirement that, within Each
party's telephone number
and residential and mailing addresses. Within 21 days after the
payer or payee changes his or her residential or mailing address,
that individual shall report the new address and his or her
telephone number in writing to the friend of the court. A change of
address reported to an entity other than the friend of the court is
not sufficient to change the address to which all notices and
papers will be served.
(b)
A requirement that both Whether
the payer and or 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, or
recreational 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 The payer's and
payee's 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) The office of the friend of the court is the title IV-D
agency responsible for maintaining and updating, when appropriate,
the address for each party. Service of notices or other papers
under this act and under the friend of the court act shall be made
by first-class mail, postage prepaid. Except as otherwise provided
by law or court rule, the address provided by the party to the
friend of the court is the address to which notices and other
papers are served. If mail is returned as undeliverable from that
address, the friend of the court may change the address pursuant to
guidelines established by the state court administrative office or
the supreme court.
(9) If mail is returned from an address in subsection (8) and
a new address has not been established within 21 days after the
mail is returned, the party waives his or her right to notice and
the friend of the court is not obligated to serve any notice or
other paper until the party submits a written change of address to
the friend of the court or until the friend of the court has
changed the address pursuant to subsection (8).
(10) (8)
A support order shall not accrue
interest.
(11) If a person fails to comply with the requirements of this
section, the court may impose a fee set pursuant to supreme court
rule or state court administrative office policy. A fee ordered
under this subdivision shall be deposited in the friend of the
court fund created in section 2530 of the revised judicature act of
1961, 1961 PA 236, MCL 600.2530.
Sec.
3a. (1) For a friend of the court case, as of if the
court determines that the payer has failed to pay support under a
support order and the failure was willful, the court may order that
on
January 1 and July 1 of each year, a
surcharge shall be added to
support payments that are past due as of those dates. The surcharge
shall be calculated at 6-month intervals at an annual rate of
interest equal to 1% plus the average interest rate paid at
auctions of 5-year United States treasury notes during the 6 months
immediately preceding July 1 and January 1, as certified by the
state treasurer. The amount of the surcharge shall not compound.
The amount shown as due and owing on the records of the friend of
the court as of January 1 and July 1 of each year shall be reduced
by an amount equal to 1 month's support for purposes of assessing
the
surcharge. A surcharge under this subsection shall not be added
to
support ordered under the paternity act, 1956 PA 205, MCL
722.711
to 722.730, for the time period to the date of the support
order.
The surcharge shall apply
until abated by the court.
(2)
A surcharge as computed in subsection (1) shall be
assessed
on a semiannual cycle on January 1 and July 1 of each year
except
as otherwise provided under subsection (3).
(3)
A surcharge shall not be assessed for the current
semiannual
cycle for any of the following:
(a)
Beginning on July 1, 2005, in cases in which the friend of
the
court is collecting on a current child support obligation, the
payer
has paid 90% or more of the most recent semiannual obligation
during
the semiannual cycle.
(b)
For a support order entered after the effective date of
the
amendatory act that added this subsection, for any period of
time
a support order did not exist when support is later ordered
for
that period.
(c)
The surcharge is waived or abated under a court order
under
section 3d.
(2) (4)
The A surcharge added
under this section shall be
collected and enforced by any means authorized under this act, the
friend of the court act, or another appropriate federal or state
law for the enforcement and collection of child support and paid
through the state disbursement unit.
Sec. 5b. (1) A court that orders child support may order
support for a child after the child reaches 18 years of age as
provided in this section.
(2) The court may order child support for the time a child is
regularly attending high school on a full-time basis with a
reasonable expectation of completing sufficient credits to graduate
from high school while residing on a full-time basis with the
recipient of support or at an institution, but in no case after the
child reaches 19 years and 6 months of age. A complaint or motion
requesting support as provided in this section may be filed at any
time before the child reaches 19 years and 6 months of age.
(3) A support order entered under this section shall include a
provision that the support terminates on the last day of a
specified month, regardless of the actual graduation date.
(4) (3)
A provision contained in a judgment
or an order
entered before October 10, 1990 that provides for the support of a
child after the child reaches 18 years of age, without an agreement
of
the parties as described in subsection (4) (5),
is valid and
enforceable to the extent the provision provides support for the
child for the time the child is regularly attending high school on
a full-time basis with a reasonable expectation of completing
sufficient credits to graduate from high school while residing on a
full-time basis with the recipient of support or at an institution,
but in no case after the child reaches 19 years and 6 months of
age. This subsection does not require payment of support for a
child after the child reaches 18 years of age for any period
between November 8, 1989 and October 10, 1990, or reimbursement of
support paid between November 8, 1989 and October 10, 1990, in
those judicial circuits that did not enforce support for a child
after the child reached 18 years of age during the period between
November 8, 1989 and October 10, 1990.
(5) (4)
A provision contained in a judgment
or an order
entered
under this act before, on, or after the effective date of
this
section September 30, 2001 that
provides for the support of a
child after the child reaches 18 years of age is valid and
enforceable if 1 or more of the following apply:
(a) The provision is contained in the judgment or order by
agreement of the parties as stated in the judgment or order.
(b) The provision is contained in the judgment or order by
agreement of the parties as evidenced by the approval of the
substance of the judgment or order by the parties or their
attorneys.
(c) The provision is contained in the judgment or order by
written agreement signed by the parties.
(d) The provision is contained in the judgment or order by
oral agreement of the parties as stated on the record by the
parties or their attorneys.
Sec. 5c. (1) All support orders shall be stated in monthly
amounts payable on the first of each month in advance. A support
obligation not paid by the last day of the month in which it
accrues is past due. If a support order does not state the amount
of support as a monthly amount, the support amount stated in the
order shall be converted to a monthly amount using the formula
established by the state court administrative office.
(2) If payments under a support order are being made in the
amount required, through income withholding, pursuant to an
installment payment order, or otherwise, and there are no
preexisting arrearages, the friend of the court shall not consider
the payer as having an arrearage if a periodic temporary arrearage
is
created based upon by the conversion of the monthly support
order
to an income withholding order or other payment schedule and
which
or results from a divergence between the cycle of
payments
under the income withholding or payment schedule and the cycle of
charges.
(3) If a support order takes effect on other than the first
day of a month, the monthly amount is prorated based on the daily
amount for that month. A monthly support order amount shall not be
prorated for the last month in which the order is in effect.
(4) If the title IV-D agency receives a support payment that,
at the time of its receipt, exceeds a payer's support amount
payable plus an amount payable under an arrearage payment schedule,
the title IV-D agency shall apply the excess against the payer's
total arrearage accrued under all support orders under which the
payer is obligated. If a balance remains after application against
the total arrearage, the title IV-D agency shall do 1 of the
following:
(a) If the payer designates the balance as additional support,
immediately disburse that amount to the recipient of support.
(b) If, at the time the payment is received, the payer is
obligated under a support order for a future support payment and
the balance is less than or equal to the monthly support order
amount, retain the balance and disburse it to the recipient of
support immediately when the amount is payable as support.
(c) If, at the time the payment is received, the payer is not
obligated for a future support payment, or the payer is obligated
under a support order for a future support payment but the balance
is greater than the monthly support order amount, return the
balance to the payer.
(5) Subsection (4) does not apply to an abatement or credit
that is due to the payer. An amount due to the payer because of an
abatement or credit shall be applied first to any support arrearage
due in the case and then, if there is a balance after that
application, to any support arrearage of the payer due in another
case. Any balance after the application to support arrearages shall
be refunded to the payer.
Sec.
5d. (1) On and after the effective date of the amendatory
act
that added this section June
1, 2003, each support order the
court enters or modifies shall include substantially the following
provisions:
(a) If a child for whom support is payable under the order is
under the state's jurisdiction and is placed in foster care, that
support payable under the order is assigned to the department.
(b) If a child for whom support is payable under the order is
under court jurisdiction and is placed in county-funded foster
care, that support payable under the order is assigned to the
funding county.
(c) (b)
For a friend of the court case,
substantially the
following statements:
(i) "The office of the friend of the court may consider the
person legally responsible for the actual care, support, and
maintenance of a child for whom support is ordered as the recipient
of support for the child and may redirect support paid for that
child to that recipient of support, subject to the procedures
prescribed in section 5d of the support and parenting time
enforcement act, 1982 PA 295, MCL 552.605d.".
(ii) "If the payer resides full-time with a child for whom
support is payable under this order, support for that child abates
in accordance with policies established by the state friend of the
court bureau and subject to the procedures prescribed in section 5d
of the support and parenting time enforcement act, 1982 PA 295, MCL
552.605d.".
(2)
If it is In a friend of the court case, a support order
that
was entered before the effective date of the amendatory act
that
added this section June 1,
2003 shall be considered to
include, by operation of law, the provisions stated in subsection
(1).
(3)
If a child for whom support is payable under the a support
order is under the state's jurisdiction and is placed in foster
care, support payable under the order is assigned to the
department. If the child is placed in county-funded foster care,
the support payable under the order is assigned to the funding
county. An assignment of support to the department as required by
this subsection has priority over a redirection of support
authorized by this section.
(4) Subject to subsection (5), for a friend of the court case,
the office of the friend of the court may consider the person
legally responsible for the actual care, support, and maintenance
of a child for whom support is ordered as the recipient of support
for the child and may redirect support paid for that child to that
recipient of support. Subject to subsection (5), the office of the
friend of the court shall abate support under a support order that
is payable as support for a child who resides full-time with the
payer, in accordance with policies established by the state friend
of the court bureau.
(5) A party to a support order may object to redirection or
abatement of support under this section. Support shall not be
redirected or abated under this section until 21 days after the
office of the friend of the court notifies each party of the
proposed action, advising the party of the right to object. If a
party objects within 21 days after the notification, support shall
not be redirected or abated under this section. After an objection,
the office of the friend of the court shall review the support
order under section 17 of the friend of the court act, 1982 PA 294,
MCL 522.517, or shall notify each party that the party may file a
motion to modify support.
(6) The state friend of the court bureau may implement
policies to assist offices of the friend of the court in
determining when an office of the friend of the court should give
notice of a proposed redirection or abatement of support under this
section.
Sec. 5e. (1) A payer who has an arrearage under a support
order
may seek relief from the arrearage by complying with the
amnesty
under section 3b of the office of child support act, 1971
PA
174, MCL 400.233b, or by filing file
a motion with the circuit
court for a payment plan to pay arrearages and to discharge or
abate arrearages. Except as provided in subsection (7)(d), if the
payer files a motion for a payment plan, the court shall approve
the plan after notice and a hearing if it finds by a preponderance
of the evidence that the plan is in the best interest of the
parties and children and that either of the following applies:
(a) The arrearage is owed to an individual payee and both of
the following:
(i) The payee has consented to entry of the order under
circumstances that satisfy the court that the payee is not acting
under fear, coercion, or duress.
(ii) The payer establishes that the arrearage did not arise
from conduct by the payer engaged in exclusively for the purpose of
avoiding a support obligation.
(b) The arrearage is owed to this state or a political
subdivision of this state, and the payer establishes the following:
(i) The arrearage did not arise from conduct by the payer
engaged in exclusively for the purpose of avoiding a support
obligation.
(ii) The payer has no present ability, and will not have an
ability in the foreseeable future, to pay the arrearage absent a
payment plan.
(iii) The payment plan will pay a reasonable portion of the
arrearage over a reasonable period of time in accordance with the
payer's
current ability to pay. A payment plan that does not pay
the
entire arrearage shall:
(A)
As to a payer who has an income at or below the poverty
level,
require payments for at least 24 months.
(B)
As to a payer who has an income in excess of the poverty
level,
require payments for at least 24 months plus 1 additional
month
for each $1,000.00 above the poverty level that the payer
earns.
(iv) The office of child support or its designee has been
served with a copy of the motion at least 56 days before the
hearing.
(2)
When the payer has completed the a plan approved under
subsection (1), the payer shall provide notice to interested
parties and obtain a hearing before the court. If, after notice and
hearing, the court finds that the payer has completed the payment
plan, the court shall enter an order discharging the remaining
arrearage, if any. If the court finds that the payer has
substantially completed the payment plan, the court may enter an
order granting relief appropriate to the circumstances of the case.
(3) A payment plan may provide for discharge of any portion of
an arrearage that meets the requirements under subsection (2), even
if other portions of the arrearage do not meet those requirements.
(4) A payment plan under subsection (1) shall provide that
arrearages subject to the payment plan may be reinstated upon
motion and hearing for good cause shown at any time during the
pendency of the payment plan. Good cause includes, but is not
limited to, the payee becoming a recipient of public assistance, or
the payer receiving property sufficient to pay a substantial
portion of the amount discharged, including, but not limited to,
lottery proceeds, other winnings, a settlement under an insurance
policy or a judgment in a civil action, or an inheritance.
(5)
A court shall require conditions in the a payment plan
approved under subsection (1) in addition to the payment of support
that the court determines are in the best interests of a child,
including, but not limited to, any of the following:
(a) A payer's participation in a parenting program.
(b) Drug and alcohol counseling.
(c) Anger management classes or participation in a batterer
intervention program that meets the standards recommended by the
governor's task force on batterer intervention standards.
(d) Participation in a work program.
(e) Counseling.
(f) Continuing compliance with a current support order.
(6) This section does not modify the right of a party to
receive other child support credits to which the payer is entitled
nor prevent the court from correcting a support order under other
applicable law or court rule.
(7) In making its findings under subsection (1), the court
shall consider any written comments submitted before the hearing by
the office of child support or its designee. When written comments
have not been submitted, the court may do any of the following:
(a) Adjourn the hearing to seek written comments before making
its decision.
(b) Appoint an examiner who shall review the payer's assets
and the plan and make a recommendation concerning the plan or
propose an alternative plan to the court. The examiner shall be
paid by the payer for services provided under terms and conditions
the court establishes separate from any payments made through the
friend of the court or state disbursement unit.
(c) Appoint a receiver who shall review the payer's assets and
the plan and make a recommendation concerning the plan or propose
an
alternative plan to the court. The A receiver shall have
appointed under this subdivision has the powers of a receiver under
all applicable laws and may, at the court's discretion, use the
payer's assets to complete the plan or otherwise monitor the
payer's progress in completing the plan. The receiver shall be paid
by the payer for services provided under terms and conditions the
court establishes separately from any payments made through the
friend of the court or state disbursement unit.
(d) Approve the plan as presented, but only if the payer
satisfies the requirements of subsection (1) by clear and
convincing evidence.
(e) Deny the plan as presented if the court finds that the
payer has not satisfied the requirements of subsection (1).
(8) If the court approves a plan under subsection (1)(b), that
approval shall be considered the state's consent to a compromise of
the arrearage.
(9) An arrearage subject to a plan under subsection (1) shall
continue to be enforced under this act, the office of child support
act, 1971 PA 174, MCL 400.231 to 400.240, and the friend of the
court
act, when if federal or state law requires the enforcement
action.
When If federal or state law does not require the
enforcement action, an arrearage subject to a plan under subsection
(1) may continue to be enforced as allowed under this act, the
office of child support act, 1971 PA 174, MCL 400.231 to 400.240,
and the friend of the court act, except that when the payer is
complying with the plan, a referee, judge, or person conducting an
administrative review or hearing as allowed under the acts shall
not allow enforcement to continue when the statute permits the
exercise of discretion in using the enforcement and the payer is
complying with the plan.
(10) A person who knowingly provides false information on a
motion filed under subsection (1) is guilty of a misdemeanor
punishable by imprisonment for not more than 180 days or a fine of
not more than $1,000.00, or both.
(11)
A title IV-D agency shall comply with the amnesty program
established
under section 3b of the office of child support act,
1971
PA 174, MCL 400.233b. If prosecution has been initiated under
section
161, 165, or 167 of the Michigan penal code, 1931 PA 328,
MCL
750.161, 750.165, and 750.167, before the payer seeks
participation
in the child support amnesty program or a payment
plan
under this section, the individual is not eligible to
participate
in the child support amnesty program or a payment plan
under
this section.
Sec. 7. (1) For a friend of the court case, if income
withholding is not immediately effective and the arrearage under a
support order reaches the arrearage amount that requires the
initiation of 1 or more support enforcement measures as provided in
section 11 of the friend of the court act, MCL 552.511, or, if the
amount of income withholding is administratively adjusted for
arrears under section 17e of the friend of the court act, MCL
552.517e, the office of the friend of the court immediately shall
send notice of the arrearage to the payer by ordinary mail to his
or her last known address. The notice to the payer shall contain
the following information:
(a) The amount of the arrearage.
(b) One or both of the following:
(i) That the payer's income is subject to income withholding
and the amount to be withheld.
(ii) That the payer's income withholding is being
administratively adjusted and the amount of the adjustment.
(c) That income withholding will be applied to current and
subsequent employers and periods of employment and other sources of
income.
(d) That the order of income withholding is effective and
notice to withhold income will be sent to the payer's source of
income.
(e)
That the payer may request a hearing under subsection (4)
(3) in writing within 21 days after the date of the notice to
contest the withholding, but only on the grounds that the
withholding is not proper because of a mistake of fact concerning
the amount of current or overdue support or the identity of the
payer, and if the notice includes an administrative adjustment of
arrears, that the administrative adjustment will cause an unjust or
inappropriate result.
(f) That if the hearing is held before a referee, the payer
has a right to a de novo hearing before a circuit court judge.
(g) The place where a request for hearing under
subsection (4)
(3) shall be filed.
(h) (g)
That if the payer believes that the
amount of support
should be modified due to a change in circumstances, the payer may
file a petition with the court for modification of the support
order.
(2)
A copy of the notice provided for in subsection (1) shall
be
sent by ordinary mail to each recipient of support.
(2) (3)
A payer to whom notice is sent
under subsection (1),
within 21 days after the date on which the notice was sent, may
request a hearing by filing a request for hearing as provided in
the notice and serving a copy on the other party. A hearing
concerning implementation of income withholding that was not
previously effective may be requested only on the grounds that the
withholding is not proper because of a mistake of fact concerning
the amount of current or overdue support or the identity of the
payer.
(3) (4)
If a payer requests a hearing under
subsection (3)
(2), the notice and request shall be filed with the court clerk as
a motion contesting the proposed action and a referee or circuit
judge shall hold a hearing within 14 days after the date of the
request. If at the hearing the payer establishes that the
withholding is not proper because of a mistake of fact concerning
the amount of current or overdue support or the identity of the
payer, or that periodic implementation of an administrative
adjustment of the amount of the periodic payment of arrears to be
withheld will cause an unjust or inappropriate result, the income
withholding shall be modified or rescinded according to the
guidelines established under section 19 of the friend of the court
act, MCL 552.519.
(4) (5)
If the hearing provided under
subsection (4) (3) is
held before a referee, either party may request a de novo hearing
as provided in section 7 of the friend of the court act, MCL
552.507.
(5) (6)
If a petition for modification of
the support order is
filed by or on behalf of a payer and is pending at the date
scheduled
for a hearing under subsection (4) (3), the court may
consolidate
the hearing under subsection (4) (3) and a hearing on
the petition for modification.
(6) (7)
All proceedings under this section
shall be completed
within 45 days after the date that notice was sent under subsection
(1), unless otherwise permitted by the court upon a showing of good
cause.
(7) (8)
The friend of the court office may
review the
objection administratively before a hearing is held before a
referee or judge. If the friend of the court office reviews the
objection administratively, either party may object and a hearing
shall be held before a referee or judge.
Sec. 9. A notice of income withholding entered under this act
shall be served on sources of income as provided in section 11. A
labor organization that assigns a member to work shall forward a
copy of an income withholding notice served on the labor
organization to the actual employer. The notice shall direct
sources of income to withhold from income due the payer an amount
sufficient
to meet the payments ordered for support, and service
fees, fines, costs, and sanctions and to defray arrearages in
payments and service fees due at the time the order of income
withholding takes effect. The notice shall also direct that the
amount
withheld for support, fees, and health care coverage
premiums, fines, costs, and sanctions shall not exceed the amount
allowed under section 303(b) of title III of the consumer credit
protection
act, Public Law 90-321, 15 U.S.C. 15 USC 1673. The
notice shall contain a statement of the requirements of sections
11, 11a, 12, 13, 14, and 23. The notice shall also direct that
income
withheld under the notice for support and fees shall be paid
to the office of the friend of the court or to the state
disbursement unit, as appropriate, within 3 days after the date of
the withholding.
Sec. 24. For a friend of the court case, if the case has not
been designated for offset proceedings by the office of child
support and a support arrearage has accrued that meets the minimum
threshold established by state or federal law, regulation, or rule,
as applicable, the office of the friend of the court may request
the office of child support to initiate offset proceedings against
the delinquent payer's state tax refunds and federal income tax
refunds as provided in section 3a of the office of child support
act, 1971 PA 174, MCL 400.233a.
Sec. 25a. (1) The amount of past due support that accrues
under a judgment as provided in section 3 or under the law of
another state constitutes a lien in favor of the recipient of
support against the real and personal property of a payer,
including, but not limited to, money to be paid as a distribution
from a decedent's estate; as the result of a claim for negligence,
personal injury, or death; under an arbitration award; under a
settlement of or judgment issued in a civil action; or as
compensation under a worker's compensation order, settlement,
redemption order, or voluntary payment. The lien is effective at
the
time that the support is due and unpaid and shall continue
continues until the amount of past due support is paid in full or
the lien is terminated by the title IV-D agency.
(2) Liens that arise in other states shall be accorded full
faith and credit when the requirements of section 25b or 25c are
met.
(3) A lien created under subsection (1) is subordinate to a
prior perfected lien. All liens that arise under subsection (1) and
described in subsection (2) have equal priority.
(4)
Before a lien is perfected or levied under this act, the
title
IV-D agency shall send a notice to the payer subject to the
support
order 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
that
exceeds the amount of periodic support payments payable under
the
payer's support order for the time period specified in this
act.
(4) A lien shall not be perfected or levied under this act
unless the payer has received notice that liens exist 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 that
exceeds the periodic support payments payable under the payer's
support order for the time specified in this act. Notice is
sufficient if it is in the payer's support order or if it was
mailed to the payer at any time.
(5) The title IV-D agency or another person required to
provide notice under this section or sections 25b to 25i shall
provide notice by paper, unless the person to be notified agrees to
notice by other means. The title IV-D agency or other person
providing notice under this section or sections 25b to 25i shall
complete and preserve proof of service of the notice in a form that
substantially
conforming conforms to the requirements for proof of
service under the Michigan court rules.
(6) A lien under subsection (1) does not arise against any of
the following:
(a) A financial asset pledged to a financial institution as
collateral.
(b) A financial asset to which a financial institution has a
prior right of setoff or other lien.
(c) Property or an allowance described in sections 2401 to
2404 of the estates and protected individuals code, 1998 PA 386,
MCL 700.2401 to 700.2404.
(d) Fifty percent of the amount of compensation due to a payer
under a worker's compensation order, settlement, redemption order,
or voluntary payment.
(e) That portion of money to be paid as a distribution from a
decedent's estate; as the result of a claim for negligence,
personal injury, or death; under an arbitration award; under a
settlement of or judgment issued in a civil action; or as
compensation under a worker's compensation order, settlement,
redemption order, or voluntary payment that is owed for any of the
following:
(i) Attorney fees.
(ii) Court costs and other litigation costs, including, but not
limited to, medical examination costs, expenses for reports,
deposition fees, court reporter fees, and record copy fees.
(iii) The medicaid program under the social welfare act, 1939 PA
280, MCL 400.1 to 400.119b, unless medicaid is subordinated to
child support under federal law.
(iv) Medical services or a reimbursement for a payment made for
medical services either to or by an insurer, health maintenance
organization, or nonprofit health care corporation. For the
purposes of compensation under a worker's compensation order,
settlement, redemption order, or voluntary payment, as used in this
subparagraph, "medical services" means services as described and
regulated under sections 315 and 319 of the worker's disability
compensation act of 1969, 1969 PA 317, MCL 418.315 and 418.319, and
the rules promulgated under those sections.
(v) An amount to reimburse an insurance company for the
expense incurred by the insurance company in responding to a lien
and levy under sections 25b to 25i. A reimbursement amount under
this subparagraph shall not exceed the actual expense or $50.00,
whichever is less, for each lien and levy or for each payment under
a lien and levy.
(vi) Other costs related to the arbitration, civil action, or
worker's compensation order, settlement, redemption order, or
voluntary payment.
(vii) For reimbursements to which an employer or carrier is
entitled under section 827 of the worker's disability compensation
act of 1969, 1969 PA 317, MCL 418.827.
(viii) For vocational rehabilitation costs, reimbursements, or
credits incidental to long- or short-term disability programs or to
pension or welfare benefit funds.
(ix) For a medicare set aside account for future medical care
or for future medicaid, unless medicare or medicaid is subordinated
to child support under federal law.
(f) Money to be paid under an insurance policy for the repair
or replacement of real or tangible personal property.
(g) Money to be paid for allowable expenses that are payable
as
benefits under section 3107(1)(a) and for expenses under section
3107(1)(c)
or (c) of the insurance code of 1956, 1956 PA 218, MCL
500.3107.
(7) The title IV-D agency does not have the authority to alter
an amount itemized in a redemption order. A lien that arises under
this act and a levy of that lien only affect that portion, as
prescribed in this section, of the payment due the payer under a
redemption order. A carrier shall not use the enforcement of a lien
and levy under this act as the basis for freezing or otherwise
refusing to pay out an amount itemized in a redemption order that
is not affected by the lien and levy under this act.
(8) As used in this section and sections 25b to 25i:
(a) "Carrier" means any of the following:
(i) "Carrier" as that term is defined in section 601 of the
worker's disability compensation act of 1969, 1969 PA 317, MCL
418.601.
(ii) A fund created under section 501 of the worker's
disability compensation act of 1969, 1969 PA 317, MCL 418.501.
(iii) The property and casualty guaranty association required to
be maintained by section 7911 of the insurance code of 1956, 1956
PA 218, MCL 500.7911.
(b) "Insurer" means that term as defined in section 106 of the
insurance code of 1956, 1956 PA 218, MCL 500.106.
Sec.
28. (1) For a friend of the court case, the office of the
friend
of the court may petition the court for an order to suspend
a payer's occupational license, driver's license, or recreational
or sporting license, or any combination of the licenses, may be
suspended if all of the following circumstances are true:
(a) An arrearage has accrued in an amount greater than the
amount of periodic support payments payable for 2 months under the
payer's support order.
(b)
The payer holds an occupational license
, driver's
license,
or recreational or sporting license
or the payer's
occupation requires an occupational license.
(c) An order of income withholding is not applicable or has
been unsuccessful in assuring regular payments on the support
obligation and regular payments on the arrearage.
(2)
An Before seeking the
suspension of a license described in
subsection
(1), an office of the friend of the
court shall not file
a
petition as authorized under subsection (1) unless the office
sends
send the payer a notice that includes all of the
following
information:
(a) The amount of the arrearage.
(b) That the payer's occupational license, driver's license,
or recreational or sporting license, or any combination of the
licenses,
may be subject to an order of suspension.
(c)
That the a suspension order or notice will be entered
and
sent to the licensing agency unless the payer responds by paying
the arrearage or requesting a hearing within 21 days after the date
of mailing the notice.
(d)
That, at the if a hearing
is requested, the payer may do
either of the following at the hearing:
(i) Object to the proposed suspension based on a mistake of
fact concerning the overdue support amount or the payer's identity.
(ii) Suggest to Ask the court to order a
schedule for the
payment of the arrearage.
(e) That, if the payer believes that the amount of support
ordered should be modified due to a change in circumstances, the
payer may file a petition with the court for modification of the
support order.
Sec.
29. (1) Within 21 days after the date on which the a
notice described in section 28 is mailed to a payer, the payer may
request a hearing on the proposed suspension. If the payer requests
a
hearing within that time, entry of the a suspension order shall
be
delayed not be entered and a
suspension notice shall not be sent
pending the outcome of the hearing.
(2) If a payer files a petition for modification of the
support order and the petition is pending at the date scheduled for
a hearing under this section, the court shall consolidate the
hearing under this section and a hearing on the petition for
modification unless the court finds for good cause shown on the
record that the hearings should be held separately. If the court
finds that the hearings should be held separately, the hearing on
the petition for modification shall be held before the hearing
scheduled under this section.
(3) If, after a hearing under this section, the court
determines that the payer has accrued an arrearage on his or her
support order and that the payer has, or could by the exercise of
due diligence have, the capacity to pay all or some portion of the
amount due, the court shall order the payment of the arrearage, as
reasonable, in 1 or more scheduled installments of a sum certain.
(4)
After 21 days after the date on which the a notice
described in section 28 is sent, the friend of the court shall
notify the secretary of state if the payer has failed to request a
hearing or failed to attend a hearing on the proposed suspension.
On receiving the notice from the friend of the court, the secretary
of state shall suspend the payer's driver's license as provided in
section 321c of the Michigan vehicle code, 1949 PA 300, MCL
257.321c.
(5) The court may order the suspension of the payer's
occupational
license , driver's license, or recreational or
sporting license, or any combination of the licenses included in
the notice under section 28, under either of the following
circumstances:
(a) The payer fails to pay the arrearage and fails to either
request a hearing as provided in subsection (1) or appear for a
hearing scheduled after such a request.
(b)
The court determines that the payer fails has failed to
comply with an arrearage payment schedule ordered under this
section.
(6) If a court determines that a payer has failed to comply
with an arrearage payment schedule ordered under this section, the
court may direct the friend of the court to notify the secretary of
state of the failure. On receiving the notice from the friend of
the court, the secretary of state shall suspend the payer's
driver's license as provided in section 321c of the Michigan
vehicle code, 1949 PA 300, MCL 257.321c.
Sec. 30. (1) If the court orders a suspension of an
occupational license, driver's license, or recreational or sporting
license, or any combination of the licenses, under section 29, 33,
35, or 45, the order shall indicate that the licensing agency shall
suspend the license within 7 business days after receipt of the
suspension order. The office of the friend of the court shall send
a
copy of the suspension order to the licensing agency. If the
payer
is the subject of a suspension order under section 29 and has
failed
to respond in any manner to the notice given under section
28,
the office of the friend of the court shall not send the
suspension
order to the licensing agency until at least 14 days
after
the date the office first attempts service of a copy of the
order
on the payer by personal service or by registered or
certified
mail, return receipt requested, with delivery restricted
to
the payer.
(2)
After entry of a suspension order is entered or after a
suspension under section 29, a payer may agree to and the court may
order a reasonable schedule for the payment of the arrearage. If
the court orders a schedule for payment of the arrearage, the court
or the friend of the court, as applicable, shall do the following:
(a) The court shall enter an order rescinding the suspension
order that is effective as provided in section 4 of the regulated
occupation support enforcement act, 1996 PA 236, MCL 338.3434,
section
321c of the Michigan vehicle code, 1949 PA 300, MCL
257.321c,
or section 43559 of the natural
resources and
environmental protection act, 1994 PA 451, MCL 324.43559. If a
suspension order has been sent, within 7 business days after entry
of the order rescinding the suspension order, the office of the
friend of the court shall send a copy of the order rescinding the
suspension order to the licensing agency.
(b) The friend of the court, on verification by the clerk of
the court that the driver's license clearance fee required by
section 321c of the Michigan vehicle code, 1949 PA 300, MCL
257.321c, has been paid, shall provide a certificate to the payer
stating that the payer is in compliance with the support order.
Sec. 31. (1) If a person is ordered to pay support under a
support order and fails or refuses to obey and perform the order,
and if an order of income withholding is inapplicable or
unsuccessful, a recipient of support or the office of the friend of
the court may commence a civil contempt proceeding by filing in the
circuit court a petition for an order to show cause why the
delinquent payer should not be held in contempt. If the payer fails
to appear in response to an order to show cause, the court shall do
1 or more of the following:
(a) Find the payer in contempt for failure to appear.
(b) Find the payer in contempt for the reasons stated in the
motion for the show cause hearing.
(c) Apply an enforcement remedy authorized under this act or
the friend of the court act for the nonpayment of support,
including suspending the payer's occupational license, driver's
license, or recreational or sporting license.
(d) Issue a bench warrant for the payer's arrest requiring
that the payer be brought before the court without unnecessary
delay for further proceedings in connection with the show cause or
contempt proceedings.
(e) Adjourn the hearing.
(f) Dismiss the order to show cause if the court determines
that the payer is not in contempt.
(g) Enter an order that a law enforcement agency render any
vehicle owned by the payer temporarily inoperable, by booting or
another similar method, subject to release on deposit of an
appropriate bond.
(h) Place the payer under the supervision of the office for a
term fixed by the court with reasonable conditions, including 1 or
more of the following:
(i) Participating in a parenting program.
(ii) Participating in drug or alcohol counseling.
(iii) Participating in a work program.
(iv) Seeking employment.
(v) Participating in other counseling.
(vi) Continuing compliance with a current support or parenting
time order.
(vii) Entering into and compliance with an arrearage payment
plan.
(2) In a bench warrant issued under this section, the court
shall decree that the payer is subject to arrest if apprehended or
detained anywhere in this state and shall require that, upon
arrest, unless the payer deposits a cash performance bond in the
manner required by section 32, the payer shall remain in custody
until the time of the hearing. The court shall specify in the bench
warrant the cash performance bond amount. The court shall set the
cash performance bond at not less than $500.00 or 25% of the
arrearage, whichever is greater. At its own discretion, the court
may set the cash performance bond at an amount up to 100% of the
arrearage and add to the amount of the required deposit the amount
of the costs the court may require under subsection (3). If a payer
is arrested on a felony warrant issued for a violation of section
165 of the Michigan penal code, 1931 PA 328, MCL 750.165, unless
the payer deposits a cash performance bond in the manner required
by section 32, the court shall require that, upon arrest, the payer
remain in custody until the time of the preliminary examination.
Upon notification that a payer who has an outstanding bench warrant
under this section has been arrested or arraigned on a felony
warrant for a violation of section 165 of the Michigan penal code,
1931 PA 328, MCL 750.165, the court may order that the bench
warrant be recalled.
(3) If the court issues a bench warrant under this section,
except for good cause shown on the record, the court shall order
the payer to pay the costs related to the hearing, the issuance of
the
warrant, the arrest, and further any later hearings. Those
costs and costs ordered for failure to appear under section 32 or
44 shall be transmitted to the county treasurer for distribution as
required in section 2530 of the revised judicature act of 1961,
1961 PA 236, MCL 600.2530.
Sec. 33. (1) The court may find a payer in contempt if the
court finds that the payer is in arrears and if the court is
satisfied that the payer has the capacity to pay out of currently
available resources all or some portion of the amount due under the
support order. In the absence of proofs to the contrary introduced
by the payer, the court shall presume that the payer has currently
available resources equal to 4 weeks of payments under the support
order. The court shall not find that the payer has currently
available resources of more than 4 weeks of payments without proof
of those resources by the office of the friend of the court or the
recipient of support. Upon finding a payer in contempt of court
under
this section, the court may immediately enter an order doing
that does 1 or more of the following:
(a)
Committing Commits the payer to the county jail or an
alternative to jail.
(b)
Committing Commits the payer to the county jail or an
alternative to jail with the privilege of leaving the jail or other
place of detention during the hours the court determines, and under
the supervision the court considers, necessary for the purpose of
allowing the payer to go to and return from his or her place of
employment.
(c)
Committing Commits the payer to a penal or correctional
facility in this state that is not operated by the state department
of corrections.
(d) If the payer holds an occupational license, driver's
license,
or recreational or sporting license, conditioning
conditions a suspension of the payer's license, or any combination
of the licenses, upon noncompliance with an order for payment of
the arrearage in 1 or more scheduled installments of a sum certain.
A court shall not order the sanction authorized by this subdivision
unless the court finds that the payer has accrued an arrearage of
support payments in an amount greater than the amount of periodic
support payments payable for 2 months under the payer's support
order.
(e)
Ordering Orders the payer to participate in a work
activity. This subdivision does not alter the court's authority to
include provisions in an order issued under this section concerning
a payer's employment or his or her seeking of employment as that
authority exists on August 10, 1998.
(f)
If available within the court's jurisdiction, order orders
the payer to participate in a community corrections program
established as provided in the community corrections act, 1988 PA
511, MCL 791.401 to 791.414.
(g) Except as provided by federal law and regulations,
ordering
orders the parent to pay a fine of not more than $100.00.
A fine ordered under this subdivision shall be deposited in the
friend of the court fund created in section 2530 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.2530.
(h) Places the payer under the supervision of the office for a
term fixed by the court with reasonable conditions, including 1 or
more of the following:
(i) Participating in a parenting program.
(ii) Participating in drug or alcohol counseling.
(iii) Participating in a work program.
(iv) Seeking employment.
(v) Participating in other counseling.
(vi) Continuing compliance with a current support or parenting
time order.
(vii) Entering into and compliance with an arrearage payment
plan.
(2) If the court enters an order under subsection (1)(d) and
the payer fails to comply with the arrearage payment schedule,
after notice and opportunity for a hearing, the court shall order
suspension of the payer's license or licenses with respect to which
the order under subsection (1)(d) was entered and shall proceed
under section 30.
Sec. 35. (1) The court may find a payer in contempt if the
court finds that the payer is in arrears and 1 of the following
applies:
(a) The court is satisfied that by the exercise of diligence
the payer could have the capacity to pay all or some portion of the
amount due under the support order and that the payer fails or
refuses to do so.
(b) The payer has failed to obtain a source of income and has
failed to participate in a work activity after referral by the
friend of the court.
(2) Upon finding a payer in contempt of court under this
section, the court shall, absent good cause to the contrary,
immediately order the payer to participate in a work activity and
may also do 1 or more of the following:
(a) Commit the payer to the county jail or an alternative to
jail with the privilege of leaving the jail or other place of
detention during the hours the court determines, and under the
supervision the court considers, necessary for the purpose of
allowing the payer to participate in a work activity.
(b) If the payer holds an occupational license, driver's
license, or recreational or sporting license, condition a
suspension of the payer's license, or a combination of the
licenses, upon noncompliance with an order for payment of the
arrearage in 1 or more scheduled installments of a sum certain. A
court shall not order the sanction authorized by this subdivision
unless the court finds that the payer has accrued an arrearage of
support payments in an amount greater than the amount of periodic
support payments payable for 2 months under the payer's support
order.
(c) If available within the court's jurisdiction, order the
payer to participate in a community corrections program established
as provided in the community corrections act, 1988 PA 511, MCL
791.401 to 791.414.
(d) Except as provided by federal law and regulations, order
the parent to pay a fine of not more than $100.00. A fine ordered
under this subdivision shall be deposited in the friend of the
court fund created in section 2530 of the revised judicature act of
1961, 1961 PA 236, MCL 600.2530.
(e) Place the payer under the supervision of the office for a
term fixed by the court with reasonable conditions, including 1 or
more of the following:
(i) Participating in a parenting program.
(ii) Participating in drug or alcohol counseling.
(iii) Participating in a work program.
(iv) Seeking employment.
(v) Participating in other counseling.
(vi) Continuing compliance with a current support or parenting
time order.
(vii) Entering into and compliance with an arrearage payment
plan.
(3) Notwithstanding the length of commitment imposed under
this section, the court may release a payer who is unemployed if
committed to a county jail under this section and who finds
employment if either of the following applies:
(a) The payer is self-employed, completes 2 consecutive weeks
at his or her employment, and makes a support payment as required
by the court.
(b) The payer is employed and completes 2 consecutive weeks at
his or her employment and an order of income withholding is
effective.
(4) If the court enters an order under subsection (2)(b) and
the payer fails to comply with the arrearage payment schedule,
after notice and an opportunity for a hearing, the court shall
order suspension of the payer's license or licenses with respect to
which the order under subsection (2)(b) was entered and shall
proceed under section 30.
Sec. 39. (1) If a payer is committed to jail or an alternative
to
jail under section 33(b) or 35(2) 33(1)(b) or 35(2)(a) and
violates
the conditions of prescribed
by the court, the court shall
commit the payer to the county jail without the privilege provided
under
section 33(b) or 35(2) 33(1)(b)
or 35(2)(a) for the balance
of the period of the commitment imposed by the court.
(2) If a payer is committed to jail or an alternative to jail
under
section 33(b) or 35(2) 33(1)(b)
or 35(2)(a) and fails to
return to the place of confinement within the time prescribed, the
payer shall be considered to have escaped from custody and shall be
guilty of a misdemeanor, punishable by imprisonment for not more
than 1 year.
Sec. 44. (1) If the office of the friend of the court
determines that a procedure for resolving a parenting time dispute
authorized under section 41 other than a civil contempt proceeding
is
unsuccessful in resolving a the
parenting time dispute, the
office of the friend of the court shall commence a civil contempt
proceeding
to resolve a the dispute concerning parenting time with
a
minor child by filing with the
circuit court a petition for an
order to show cause why either parent who has violated a parenting
time order should not be held in contempt. The office of the friend
of the court shall notify the parent who is the subject of the
petition. The notice shall include at least all of the following:
(a) A list of each possible sanction if the parent is found in
contempt.
(b) The right of the parent to a hearing on a proposed
modification of parenting time if requested within 21 days after
the date of the notice, as provided in section 45.
(2) If the court finds that either parent has violated a
parenting time order without good cause, the court shall find that
parent in contempt and may do 1 or more of the following:
(a) Require additional terms and conditions consistent with
the court's parenting time order.
(b) After notice to both parties and a hearing, if requested
by a party, on a proposed modification of parenting time, modify
the parenting time order to meet the best interests of the child.
(c) Order that makeup parenting time be provided for the
wrongfully denied parent to take the place of wrongfully denied
parenting time.
(d) Order the parent to pay a fine of not more than $100.00.
(e) Commit the parent to the county jail or an alternative to
jail.
(f) Commit the parent to the county jail or an alternative to
jail with the privilege of leaving the jail or other place of
detention during the hours the court determines necessary, and
under the supervision the court considers necessary, for the
purpose of allowing the parent to go to and return from his or her
place of employment.
(g) If the parent holds an occupational license, driver's
license, or recreational or sporting license, condition the
suspension of the license, or any combination of the licenses, upon
noncompliance with an order for makeup and ongoing parenting time.
(h) If available within the court's jurisdiction, order the
parent to participate in a community corrections program
established as provided in the community corrections act, 1988 PA
511, MCL 791.401 to 791.414.
(i) Place the parent under the supervision of the office for a
term fixed by the court with reasonable conditions, including 1 or
more of the following:
(i) Participating in a parenting program.
(ii) Participating in drug or alcohol counseling.
(iii) Participating in a work program.
(iv) Seeking employment.
(v) Participating in other counseling.
(vi) Continuing compliance with a current support or parenting
time order.
(vii) Entering into and compliance with an arrearage payment
plan.
(viii) Facilitating makeup parenting time.
(3) The court shall state on the record the reason the court
is
not ordering a sanction listed in subsection (2)(a) to (h) (2).
For the purpose of subsection (2), "good cause" includes, but is
not limited to, consideration of the safety of a child or party who
is governed by the parenting time order.
(4) A commitment under subsection (2)(e) or (f) shall not
exceed 45 days for the first finding of contempt or 90 days for
each subsequent finding of contempt. A parent committed under
subsection (2)(e) or (f) shall be released if the court has
reasonable cause to believe that the parent will comply with the
parenting time order.
(5) If a parent fails to appear in response to an order to
show cause, the court may issue a bench warrant requiring that the
parent be brought before the court without unnecessary delay to
show cause why the parent should not be held in contempt. Except
for good cause shown on the record, the court shall further order
the parent to pay the costs of the hearing, the issuance of the
warrant,
the arrest, and further any
later hearings, which costs
shall be transmitted to the county treasurer for distribution as
provided in section 31. If the hearing cannot be held immediately
after the parent's arrest, the parent may be released if a bond in
the amount of the fines, costs, and sanctions imposed under this
section and any additional amount the court determines is necessary
to secure the parent's appearance is deposited with the court.
(6) If the court finds that a party to a parenting time
dispute has acted in bad faith, the court shall order the party to
pay a sanction of not more than $250.00 for the first time the
party is found to have acted in bad faith, not more than $500.00
for the second time, and not more than $1,000.00 for the third or a
subsequent time. A sanction ordered under this subsection shall be
deposited in the friend of the court fund created in section 2530
of the revised judicature act of 1961, 1961 PA 236, MCL 600.2530,
and shall be used to fund services that are not title IV-D
services.
(7) A fine ordered under subsection (2), costs ordered under
subsection
(5), or a sanction ordered under subsection (6) becomes
is
a judgment at the time they are
ordered the order is entered.
(8) If the court finds that a party to a parenting time
dispute has acted in bad faith, the court shall order the party to
pay the other party's costs.
Sec. 45. (1) If the court enters an order under section
44(2)(g) and the parent fails to comply with the makeup and ongoing
parenting time schedule, the court shall find the parent in
contempt and, after notice and an opportunity for a hearing, may
order
suspension of suspend the parent's license or licenses with
respect to which the order under section 44(2)(g) was entered and
proceed under section 30.
(2) After entry of a suspension order under subsection (1), a
parent may agree to a makeup parenting time schedule. The court may
order a makeup parenting time schedule if the parent demonstrates a
good faith effort to comply with the parenting time order. If the
court orders a makeup parenting time schedule, the court or the
friend of the court, as applicable, shall do the following:
(a) The court shall enter an order rescinding the suspension
order that is effective as provided in section 4 of the regulated
occupation support enforcement act, 1996 PA 236, MCL 338.3434,
section
321c of the Michigan vehicle code, 1949 PA 300, MCL
257.321c,
or section 43559 of the natural
resources and
environmental protection act, 1994 PA 451, MCL 324.43559. Within 7
business days after entry of the order rescinding the suspension
order, the office of the friend of the court shall send a copy of
the order rescinding the suspension order to the licensing agency.
(b) The friend of the court, on verification by the clerk of
the court that the driver's license clearance fee required by
section 321c of the Michigan vehicle code, 1949 PA 300, MCL
257.321c, has been paid, shall provide a certificate to the payer
stating that the payer is in compliance with the support order.
(3) Within 21 days after the date of the notice under section
44, a parent who is notified of a petition to show cause under
section 44 may request a hearing on a proposed modification of
parenting time. The court shall hold the requested hearing unless
the parenting time dispute is resolved by other means. The court
shall combine the hearing prescribed by this subsection with the
hearing on the order to show cause unless the court finds for good
cause shown on the record that the hearings should be held
separately. If the court finds that the hearings should be held
separately, the hearing on a proposed modification of parenting
time shall be held before the hearing on the order to show cause.
Sec. 46. (1) If a custodial parent is committed to jail or an
alternative
to jail under section 44(2)(e) 44(2)(f) and
violates
the
conditions of ordered by the court, the court shall commit the
person to the county jail without the privilege provided under
section
44(2)(e) 44(2)(f) for the balance of the period of
commitment imposed by the court.
(2) If a custodial parent is committed to jail or an
alternative
to jail under section 44(2)(e) 44(2)(f) and
fails to
return to the place of confinement within the time prescribed, the
custodial parent shall be considered to have escaped from custody
and
shall be is guilty of a misdemeanor, punishable by imprisonment
for not more than 1 year.
Sec.
48. The department, the SDU, and each office of the
friend
of the court shall cooperate in the transition to the
centralized
receipt The state
disbursement unit is responsible for
the
collection 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 6 of the office of child support
act,
1971 PA 174, MCL 400.236, and modifications to that schedule
as
the department considers necessary.
Enacting section 1. Section 3d of the support and parenting
time enforcement act, 1982 PA 295, MCL 552.603d, is repealed.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No.____ (request no.
04595'07 *) of the 94th Legislature is enacted into law.