HB-5469, As Passed Senate, December 10, 2014

SUBSTITUTE FOR

HOUSE BILL NO. 5469

A bill to amend 1996 PA 310, entitled

"Uniform interstate family support act,"

by amending sections 308 and 312 (MCL 552.1308 and 552.1312), as

amended by 1998 PA 65.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 308. (1) When a responding tribunal of this state

receives a petition or comparable pleading from an initiating

tribunal or directly under section 301, the tribunal shall do all

of the following:

(a) Cause the petition or pleading to be filed.

(b) Notify the petitioner by first-class mail where and when

it was filed.

friend of the court. If notified under this subdivision, the

prosecuting attorney or friend of the court shall conduct

proceedings as appropriate under this act.

(2) The prosecuting attorney and the department of human

services may enter into an agreement to transfer the prosecutor's

responsibilities under this act to 1 of the following:

(a) The friend of the court, with the approval of the chief

judge of the circuit court.

(b) An attorney employed or contracted by the county under

section 1 of 1941 PA 15, MCL 49.71.

department of human services.

(3) A proceeding under this section is conducted on behalf of

the state and not as the attorney for any other party.

(4) ~~(2)~~ A responding tribunal of this state, to the extent

otherwise authorized by law, may do 1 or more of the following:

(a) Issue or enforce a support order, modify a child support

order, or render a judgment to determine parentage.

(b) Order an obligor to comply with a support order,

specifying the amount and the manner of compliance.

(d) Determine the amount of an arrearage and specify a method

of payment.

(e) Enforce an order by civil or criminal contempt, or both.

(f) Set aside property for satisfaction of a support order.

(g) Place liens and order execution on an obligor's property.

(h) Order an obligor to keep the tribunal informed of the

obligor's current residential address and telephone number,

employer, and employment address and telephone number.

(i) Issue a bench warrant for an obligor who fails after

proper notice to appear at a hearing ordered by the tribunal and

enter the bench warrant in the L.E.I.N.

(j) Order an obligor to seek appropriate employment by

specified methods.

(k) Award reasonable attorney fees and other fees and costs.

(l) Grant another available remedy.

(5) ~~(3)~~ A responding tribunal of this state shall include in a

support order issued under this act or in the documents

accompanying the order the calculations on which the support order

is based.

(6) ~~(4)~~ A responding tribunal of this state shall not

condition the payment of a support order issued under this act upon

compliance by a party with provisions for parenting time.

(7) ~~(5)~~ If a responding tribunal of this state issues an order

under this act, the tribunal shall send a copy of the order to the

petitioner and the respondent and to the initiating tribunal, if

any.

Sec. 312. (1) Upon request, a support enforcement agency of

this state, or upon the support enforcement agency's request, the

prosecuting attorney or office of the friend of the court, shall

provide services to a petitioner in a proceeding under this act. A

support enforcement agency, prosecuting attorney, or office of the

friend of the court that is providing services to the petitioner as

appropriate shall do all of the following:

(a) Take all steps necessary to enable an appropriate tribunal

in this state or another state to obtain jurisdiction over the

respondent.

(b) Request an appropriate tribunal to set a hearing date,

time, and place.

information, including information as to the parties' income and

property.

(d) Within 2 days, exclusive of Saturdays, Sundays, and legal

holidays, after receipt of a written notice from an initiating,

responding, or registering tribunal, send a copy of the notice to

the petitioner.

(e) Within 2 days, exclusive of Saturdays, Sundays, and legal

holidays, after receipt of a written communication from the

respondent or the respondent's attorney, send a copy of the

communication to the petitioner.

(f) Notify the petitioner if jurisdiction over the respondent

cannot be obtained.

(2) This act does not create or negate a relationship of

attorney and client or other fiduciary relationship between a

support enforcement agency or the attorney for the support

enforcement agency and the individual being assisted by the support

enforcement agency.

(3) The prosecuting attorney and the department of human