HB-5465, As Passed Senate, December 10, 2014

SUBSTITUTE FOR

HOUSE BILL NO. 5465

A bill to create the summary support and paternity act; to

establish a procedure for determining paternity and support; and to

prescribe the duties and responsibilities of certain state

departments and agencies.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. This act shall be known and may be cited as the

"summary support and paternity act".

Sec. 2. As used in this act:

(a) "Alleged father" means a man who is alleged to have

fathered the child who is the subject of an action to establish the

father's paternity under this act.

(b) "Child born out of wedlock" means a child conceived and

born to a woman who was not married from the conception to the date

of birth of the child, or a child that the court has determined to

be a child born or conceived during a marriage but not the issue of

that marriage.

1970, 1970 PA 91, MCL 722.21 to 722.31.

(d) "Court" means the circuit court.

(e) "Department" means the department of human services.

(f) "Friend of the court act" means the friend of the court

act, 1982 PA 294, MCL 552.501 to 552.535.

(g) "Party" means a child's mother or a child's alleged or

legally established father under this act.

(h) "Person" means an individual, partnership, corporation,

association, governmental entity, or other legal entity.

(i) "Support" means that term as defined in section 2a of the

friend of the court act, MCL 552.502a.

(j) "Support and parenting time enforcement act" means the

support and parenting time enforcement act, 1982 PA 295, MCL

552.601 to 552.650.

(k) "Support formula" means the support formula developed by

the state friend of the court bureau under section 19 of the friend

of the court act, MCL 552.519.

(l) "Title IV-D" and "title IV-D agency" mean those terms as

defined in section 2 of the support and parenting time enforcement

act, MCL 552.602.

Sec. 3. Only a title IV-D agency shall use the provisions of

this act to establish paternity and support.

Sec. 4. A man is the father of a child born out of wedlock if

the man has been determined to be the child's father under section

5, other law of this state, or the law of another state.

Sec. 5. (1) If the paternity of a child born out of wedlock

has not otherwise been established and the child is either

supported in whole or in part by public assistance or if either

party has signed an application for services under title IV-D, the

department may request a title IV-D agency to file a statement with

the court in the county in which the mother, the child, or the

alleged father lives. The statement shall be in a form approved by

the state court administrative office under the supervision and

direction of the supreme court. The statement shall include the

names of the parties, the date of the child's birth, and the time

and place as near as possible of the child's conception. If the

mother or alleged father signs the statement, the statement must be

verified as required by supreme court rules. A statement filed by

the title IV-D agency on behalf of the mother, child, or alleged

father does not have to be verified. The person on whose behalf the

statement is filed is the filing party under this act.

(2) The title IV-D agency filing the statement in subsection

(1) shall serve a copy of the statement and a notice of intent to

establish paternity on the parties. The notice shall be in a form

established by the state court administrative office under the

supervision and direction of the supreme court and shall include

all of the following information:

(a) That the man has been named as the child's father.

(b) That the nonfiling party must respond to the title IV-D

agency within 21 days by doing 1 of the following:

(i) Admitting paternity in writing.

(ii) Submitting a written request for genetic testing.

(iii) Producing proof that the alleged father has been excluded

as the father under the laws of this or another state.

child, and alleged father must submit to genetic testing at the

date, time, and place determined by the title IV-D agency.

(d) That, if neither party requests genetic testing within 21

days or produces proof that the alleged father has been excluded as

the father under the laws of this or another state, the alleged

father is established as the child's legal father.

(3) Upon filing of the statement and notice with the court and

subject to service under subsection (4), the court may do 1 or more

of the following:

(a) Establish a child's paternity.

(b) Issue a support order under this act.

child custody act of 1970.

(d) Grant any other relief available under the child custody

act of 1970, the friend of the court act, or the support and

parenting time enforcement act.

(4) The statement and notice under subsection (2) may be sent

by regular mail, but if the nonfiling party does not respond in

writing admitting paternity or requesting genetic testing, the

statement and notice shall be served in the same manner as provided

by court rules for the service of process in civil matters.

(5) Unless the court enters an order declaring that the

alleged father is not the child's father, both parents must provide

information as requested by the title IV-D agency sufficient to

allow the title IV-D agency to calculate support under the support

formula.

(6) If the court enters an order under this act and there is

no dispute regarding custody, the court shall include in the order

specific provisions for the custody and parenting time of the child

as provided in the child custody act of 1970. If there is a dispute

between the parties concerning custody or parenting time, the court

shall immediately enter an order that establishes support and

temporarily establishes custody of and parenting time with the

child. Pending a hearing on or other resolution of the dispute, the

court may also refer the matter to the friend of the court for a

report and recommendation as provided in section 5 of the friend of

the court act, MCL 552.505. In a dispute regarding custody or

parenting time, the title IV-D agency or its successor as provided

in section 11(2) is not required to represent either party

regarding that dispute.

Sec. 6. (1) If a party requests genetic testing in a timely

manner under section 5, the title IV-D agency shall notify the

parties of the date, time, and place for the collection of the

genetic sample for genetic testing of the mother, alleged father,

and child. The date for taking the genetic samples for testing

shall be not later than 60 days after the request for genetic

testing.

(2) Genetic testing under this section shall be conducted by a

person accredited for paternity determinations by a nationally

recognized scientific organization and approved by the department.

(3) Within 28 days of receiving genetic test results, the

title IV-D agency shall notify the parties and the court of the

test results. The title IV-D agency shall submit a proposed order

to the court. The court shall enter the order if the court is

satisfied that the procedures established in this act have been

followed. The proposed order shall do either of the following:

(a) If the genetic testing concludes a probability of

paternity of 99% or higher, declare the alleged father as the

child's father and may order the payment of support and the

repayment of the cost of the genetic test to the state.

(b) If the genetic testing excludes the alleged father as the

child's father, declare that the alleged father is not the child's

father.

(4) If the nonfiling party requests genetic testing and the

alleged father is not excluded as the child's father, the court may

order the nonfiling party to repay the cost of the genetic test to

the state in an order entered under this section.

(5) If the nonfiling party provides proof that the alleged

father has been excluded as the child's father in a separate action

under the laws of this state or another state, the proof submitted

in support of the exclusion shall be filed with the court. The

court shall provide notice and an opportunity for the parties to be

heard and shall do either of the following:

(a) If the court finds that the alleged father has been

excluded as the child's father under the laws of this state or

another state, dismiss the action filed under this act.

(b) If the court finds that the alleged father has not been

excluded as the child's father under the laws of this state or

another state, order the parties and the child to have genetic

testing as set forth in this act.

Sec. 7. (1) Except as provided in subsection (2), if neither

party to whom notice is given under section 5 requests genetic

testing, or if the alleged father admits paternity, the title IV-D

agency shall submit a proposed order to the court that establishes

the alleged father to be the child's father and orders the payment

of support. If the court is satisfied that the procedures in this

act have been followed, the court shall enter the order.

(2) If the action is being filed on behalf of the alleged

father and the child's mother does not admit the alleged father's

paternity, the court shall not enter an order under this act

declaring the alleged father to be the child's father unless

genetic testing determines that the alleged father has a

probability of paternity of 99% or higher.

(3) If a party who has participated in the proceeding or who

has been served with the statement and notice as provided in

section 5 fails to submit to genetic testing, and the court is made

aware of that fact by affidavit or otherwise, the court may find

the party in contempt, issue a warrant for the party's arrest to

compel the party to appear for genetic testing, order other actions

as the court considers appropriate to compel the party to appear

for genetic testing, and order the person to pay the costs of the

proceeding. The court may order the child's mother to produce the

child and to submit to genetic testing. A court may dismiss the

proceeding if the filing party fails to appear or produce the child

for genetic testing, but the dismissal does not bar future action

to establish the child's paternity.

Sec. 8. (1) The child's mother and father have a duty to pay

support for the child, which duty may be enforced by either party,

the child, the child's guardian, the child's foster parent, or the

state through the title IV-D agency.

(2) The parents of a child born out of wedlock are also liable

for the medical expenses connected to the mother's pregnancy and

the child's birth to the same extent and in the same manner as

those expenses are allowed under the paternity act, 1956 PA 205,

MCL 722.711 to 722.730.

Sec. 9. (1) If the paternity of a child has been established

and no action has been filed in a court of this state in which the

support of the child can be determined, the provisions of this

section apply.

(2) If support has not been established for a child who is

being supported in whole or in part by public assistance or if an

application for title IV-D services has been received by the title

IV-D agency, the department may request a title IV-D agency to file

with the court in the county in which the mother, the child, or the

father lives a statement of support obligation on a form

established by the state court administrative office under the

supervision and direction of the supreme court stating facts that

include the following:

(a) That the child's mother or father has been determined to

be the parent of the child under the law of this state or another

state.

(b) That support is being sought and that the child is not

living full-time with the individual from whom support is being

sought.

being enforced has 21 days to contest the notice by requesting a

hearing for either of the following reasons:

(i) The individual against whom the duty of support is being

enforced is not the individual named as the child's parent.

(ii) The facts in the notice are not correct.

(3) Upon filing of the notice with the court and subject to

service under subsection (4), the court may do 1 or more of the

following:

(a) Establish a child's paternity.

(b) Issue a support order under this act.

child custody act of 1970.

(d) Grant any other relief available under the child custody

act of 1970, the friend of the court act, or the support and

parenting time enforcement act.

(4) After the notice is filed under subsection (2), the title

IV-D agency shall send a copy of the notice to the individual

against whom the title IV-D agency seeks to enforce a duty of

support. The notice may be sent by regular mail, but if the

individual does not respond in writing, the notice shall be served

in the same manner as is provided by court rules for the service of

process in civil actions.

(5) After the notice is filed under subsection (2), or

concurrently with the filing, the individual against whom the duty

of support is being enforced may, within 21 days after the filing,

agree in writing on a form established by the state court

administrative office under the supervision and direction of the

supreme court to support as established by the support formula. The

custodial parent or party may also sign this agreement. The title

IV-D agency shall file the agreement with the court that has

jurisdiction under subsection (2).

(6) If the individual does not respond to the notice within 21

days after service, the title IV-D agency shall submit a proposed

order to the court establishing the individual's duty to pay

support. The court shall enter the order if the court is satisfied

that the procedures established in this act have been followed.

(7) If the individual against whom a duty of support is being

enforced proves to the court that the facts in the form are not

correct, the court shall enter an order that is appropriate,

including, but not limited to, dismissing the proceeding or

ordering genetic testing. The court may not enter an order under

this act that does not recognize an individual's paternity

established under another law of this state or another state.

(8) If the court enters an order under this act and there is