June 26, 2008, Introduced by Senator HARDIMAN and referred to the Committee on Families and Human Services.
A bill to amend 1966 PA 138, entitled
"The family support act,"
by amending sections 2, 4, and 8a (MCL 552.452, 552.454, and
552.458a), sections 2 and 8a as amended by 2002 PA 574 and section
4 as amended by 1999 PA 158; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. (1) Upon the hearing of the complaint, in the manner
of a motion, the court may enter an order as it determines proper
for the support of the petitioner and the minor child or children
of the parties as prescribed in section 5 of the support and
parenting time enforcement act, 1982 PA 295, MCL 552.605. The order
shall provide that payment shall be made to the friend of the court
or the state disbursement unit. If the parent complained of opposes
the entry of the order upon the ground that he or she is without
sufficient financial ability to provide necessary shelter, food,
care, clothing, and other support for his or her spouse and child
or children, the burden of proving this lack of ability is on the
parent against whom the complaint is made. The order shall state in
separate paragraphs the amount of support for the petitioner until
the further order of the court, and the amount of support for each
child until each child reaches 18 years of age or until the further
order of the court. Subject to section 5b of the support and
parenting time enforcement act, 1982 PA 295, MCL 552.605b, the
court may also order support for the child after the child reaches
18 years of age, or until the further order of the court. Support
ordered may include expenses of medical, dental, and other health
care, child care, and education, necessary expenses incurred by or
for the mother in connection with her confinement and pregnancy,
and the expense of genetic testing. A child support obligation is
only retroactive to the date that the complaint for support was
filed unless any of the following circumstances exist:
(a) The defendant was avoiding service of process.
(b) The defendant threatened or coerced through domestic
violence or other means the complainant not to file a proceeding
under this act.
(c) The defendant otherwise delayed the imposition of a
support obligation.
(2) If the confinement and pregnancy expenses of a mother
under this section have been paid under the medicaid program for
medical assistance established under title XIX of the social
security act, 42 USC 1396 to 1396v, the court shall not apportion
confinement and pregnancy expenses to the mother. After the
effective date of the amendatory act that added this sentence,
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 the
confinement and pregnancy expenses of the mother under this section
have not been paid under the medicaid program, the court shall
require an itemized bill for the expenses upon request from the
father before an apportionment is made.
(3) An order entered under this section 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 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.
(4) If the father and mother are married at the time of the
child's birth or conception, the court may order in the order
entered under this section that unpaid confinement and pregnancy
expenses will abate if the father and mother reconcile on terms and
conditions that the court considers to be appropriate.
(5) (2)
A support order entered under this
section is
enforceable as provided in the support and parenting time
enforcement act, 1982 PA 295, MCL 552.601 to 552.650. If this act
contains a specific provision regarding the contents or enforcement
of a child support order that conflicts with a provision in the
support and parenting time enforcement act, 1982 PA 295, MCL
552.601 to 552.650, this act controls in regard to that provision.
(6) (3)
If there is no dispute regarding a
child's custody,
the court shall include in an order for support issued under this
act specific provisions governing custody of and parenting time for
the child in accordance with the child custody act of 1970, 1970 PA
91, MCL 722.21 to 722.31. If there is a dispute regarding custody
of and parenting time for the child, the court shall include in an
order for support issued under this act specific temporary
provisions governing custody of and parenting time for the child.
Pending a hearing on or other resolution of the dispute, the court
may refer the matter to the office of the friend of the court for a
written report and recommendation as provided in section 5 of the
friend of the court act, 1982 PA 294, MCL 552.505. In a dispute
regarding custody of and parenting time for a child, the
prosecuting attorney is not required to represent either party
regarding the dispute.
Sec.
4. (1) If the county family independence agency
department of human services where the custodial parent or guardian
of the minor child or children or the child or children who have
reached 18 years of age resides determines the custodial parent,
the minor child or children, the child or children who have reached
18 years of age, or any of them to be eligible for public or
medical assistance, or if a complaint is being filed under section
1b, the prosecuting attorney shall act as the attorney for the
petitioner. By written agreement of the chief judge of the circuit
court, the prosecuting attorney for the county, and the county
board of commissioners, the friend of the court may be designated
to perform the duties designated under this act to be performed by
the prosecuting attorney. The agreement shall provide that if the
case becomes contested, the prosecuting attorney or a designated
assistant prosecuting attorney shall perform duties involving
appearances in court.
(2) The prosecuting attorney and the friend of the court shall
utilize the child support formula developed under section 19 of the
friend of the court act, 1982 PA 294, MCL 552.519, as a guideline
in
petitioning for child support. Upon certification by the family
independence
agency department of human
services that the custodial
parent and minor child or children or child or children who have
reached 18 years of age are receiving public assistance, a payment
received by the friend of the court or the state disbursement unit
for the support of the custodial parent and minor child or children
or child or children who have reached 18 years of age shall be
transmitted
to the family independence agency department of human
services.
Sec.
8a. 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 7 of the office of child support act, 1971 PA 174, MCL
400.237,
and modifications to that schedule as the department
considers
necessary.
Enacting section 1. Section 7 of the family support act, 1966
PA 138, MCL 552.457, is repealed.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 1427
of the 94th Legislature is enacted into law.