June 26, 2008, Introduced by Senator SCOTT and referred to the Committee on Families and Human Services.
A bill to amend 1846 RS 84, entitled
"Of divorce,"
by amending sections 23 and 24 (MCL 552.23 and 552.24), section 23
as amended and section 24 as added by 1999 PA 159.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 23. (1) Upon entry of a judgment of divorce or separate
maintenance, if the estate and effects awarded to either party are
insufficient for the suitable support and maintenance of either
party
and any children of the marriage as who are committed to the
care
and custody of either party, the court may further also award
to either party the part of the real and personal estate of either
party and spousal support out of the real and personal estate, to
be paid to either party in gross or otherwise as the court
considers just and reasonable, after considering the ability of
either party to pay and the character and situation of the parties,
and all the other circumstances of the case.
(2)
Upon certification by a county family independence agency
department of human services that a complainant or petitioner in a
proceeding under this chapter is receiving public assistance either
personally or for children of the marriage, payments received by
the friend of the court or the state disbursement unit for the
support and education of the children or maintenance of the party
shall
be transmitted to the family independence agency department
of human services.
(3)
To reimburse the county for the cost of enforcing a
spousal
or child support order or a parenting time order, the court
shall
order the payment of a service fee of $2.00 per month,
payable
semiannually on each January 2 and July 2. The service fee
shall
be paid by the person ordered to pay the spousal or child
support.
The service fee shall be computed from the beginning date
of
the spousal or child support order and shall continue while the
spousal
or child support order is operative. The service fee shall
be
paid 6 months in advance on each due date, except for the first
payment,
which shall be paid at the same time the spousal or child
support
order is filed, and covers the period of time from that
month
until the next calendar due date. An order or judgment that
provides
for the payment of temporary or permanent spousal or child
support
that requires collection by the friend of the court or the
SDU
shall provide for the payment of the service fee. Upon its own
motion,
a court may amend such an order or judgment for the payment
of
temporary or permanent spousal or child support to provide for
the
payment of the service fee in the amount provided by this
subsection,
upon proper notice to the person ordered to pay the
spousal
or child support. The service fees shall be turned over to
the
county treasurer and credited to the general fund of the
county.
If the court appoints the friend of
the court custodian,
receiver,
trustee, or escrow agent of assets owned by the a husband
and wife, or either of them, the court may fix the amount of the
fee for such service, to be turned over to the county treasurer and
credited to the general fund of the county. The court may hold in
contempt a person who fails or refuses to pay a fee ordered under
this subsection.
(4)
As used in this act section
and section 24, "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.
Sec.
24. The department, the SDU, and each office of the
friend
of the court shall cooperate in the transition to the
centralized
receipt The SDU 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. This amendatory act does not take effect
unless Senate Bill No. 1427
of the 94th Legislature is enacted into law.