SB-0105, As Passed Senate, December 17, 2009

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 105

     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 SDU is

responsible for the centralized receipt 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. 103 or House Bill No. 5504 of the 95th

Legislature is enacted into law.