April 23, 2014, Introduced by Rep. Kurtz and referred to the Committee on Families, Children, and Seniors.
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.
(c) "Child custody act of 1970" means the child custody act of
1970, 1970 PA 91, MCL 722.21 to 722.31.
(d) "Court" means the circuit court.
(e) "Friend of the court act" means the friend of the court
act, 1982 PA 294, MCL 552.501 to 552.535.
(f) "Medicaid" means the medical assistance program
administered by this state under the social welfare act, 1939 PA
280, MCL 400.1 to 400.119b.
(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
title IV-D agency may file a statement with the court on behalf of
the child, the mother, or the alleged father. 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.
(c) That, if a party requests genetic testing, the mother,
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.
(c) Establish a child's custody or parenting time under the
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.
Sec. 7. (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
of human services.
(3) If the nonfiling party requests genetic testing and the
alleged father is not excluded as the child's father, the nonfiling
party shall repay the cost of the genetic test to the state.
(4) 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, acknowledge 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.
(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 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 or another
state, order the parties and the child to have genetic testing as
set forth in this act.
(6) A party may file a motion to set aside the order entered
under subsection (4) or contesting the genetic test results on the
grounds that the genetic tests are inaccurate. The objection,
required proof, and hearing must conform to section 6(4) of the
paternity act, 1956 PA 205, MCL 722.716.
Sec. 9. (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. 10. (1) The child's mother and father have a duty to pay
support for the child that 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. 11. (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 title IV-D agency may file with the court in the
county in which the mother, the child, or the father lives a notice
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 with the individual from whom support is being sought.
(c) That the individual against whom the duty of support is
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.
(c) Establish a child's custody or parenting time under the
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, 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.
Sec. 12. (1) The title IV-D agency shall use the procedures
set forth in section 17b of the friend of the court act, MCL
552.517b, to establish the support obligation of a parent who is
ordered to pay support under this act even though the title IV-D
agency using the procedures is not the friend of the court. The
procedures described in this section may be used at the same time
as the procedures provided in sections 1 to 9 to establish the duty
of support.
(2) A person who is subject to this act must provide
information requested by the title IV-D agency to establish the
person's support obligation.
Sec. 13. (1) Subject to subsection (2), the title IV-D agency
providing support and paternity establishment services in a county
on the effective date of this act shall provide the support and
paternity establishment services under this act.
(2) A county, with the consent of the office of child support,
may agree that another agency within the county may provide the
services under this act. An agreement to remove the services from
an agency that is providing support and paternity establishment
services on the effective date of this act also requires the
consent of that agency. If a judicial branch agency is not
providing support and establishment services within the county on
the effective date of this act, an agreement to require a judicial
branch agency to provide the services under this act also requires
the consent of the chief judge of the court. If the prosecuting
attorney is not providing support and establishment services within
the county on the effective date of this act, an agreement to
require the prosecuting attorney to provide the services under this
act also requires the consent of the prosecutor.
(3) Counties, with the consent of all interested agencies, may
enter into agreements to provide services regionally under this act
provided that the services are made available in each county at
least monthly.
(4) This act does not restrict the title IV-D agency from
providing services under this act in any manner that uses
technology, assent, consolidation of services, or coordination of
services with other agencies. The title IV-D agency with the
consent of the department of human services and the state court
administrative office may carry out the services under this act in
any manner that is not inconsistent with this act to improve
efficiency and encourage cooperation between the parents, agencies,
and units of government that are affected by this act, including,
but not limited to, the following:
(a) Notices and other documents required to be sent or served
under this act may be combined.
(b) Service and mailing of notices may be completed using any
technology or method permitted by court rule.
(c) Consent agreements and waivers may be substituted for
notices.
(d) Information or other data may be transmitted or downloaded
using any technology that can serve the same purpose as physical
files.
(e) One agency may transmit or download information or other
data on behalf of another agency.
(5) If a party contests the establishment of paternity under
section 7(5) or (6), or the basis for owing a duty of support under
section 11(2), the court shall hold a preliminary hearing to
determine whether the party can establish a prima facie case. The
rules of evidence do not apply to this preliminary hearing. If the
initial determination of a prima facie case is made by a referee,
there is no right to a de novo hearing from that determination. If
the party cannot establish a prima facie case, the petition shall
be dismissed. If a prima facie case is established, the court shall
hold a hearing on the petition. The title IV-D agency conducts
proceedings under this act on behalf of the state and not as the
attorney for any other party.
(6) A support order entered under this section is enforceable
as provided in the support and parenting time enforcement act. 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, this
act controls in regard to that provision.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.