FRIEND OF THE COURT ACT (EXCERPT)
Act 294 of 1982
552.517 Review of child support order after final judgment; modification order; calculations; petition for modification; scheduling of hearing; petition to require dependent health care coverage; costs.
(1) After a final judgment containing a child support order has been entered in a friend of the court case, the office shall use a procedure provided in section 17b to periodically review the order, as follows:
(a) If a child is being supported in whole or in part by public assistance, not less than once each 36 months unless both of the following apply:
(i) The office receives notice from the department that good cause exists not to proceed with support action.
(ii) Neither party has requested a review.
(b) Upon receipt of a written request from either party. Within 14 days after receipt of the review request, the office shall determine whether the order is due for review. The office is not required to act on more than 1 request received from a party each 36 months.
(c) If a child is receiving medical assistance, not less than once each 36 months unless either of the following applies:
(i) The order requires provision of health care coverage for the child and neither party has requested a review.
(ii) The office receives notice from the department of human services that good cause exists not to proceed with support action and neither party has requested a review.
(d) If requested by the initiating state for a recipient of services in that state under title IV-D, not less than once each 36 months. Within 14 days after receipt of a review request, the office shall determine whether an order is due for review.
(e) At the direction of the court.
(f) At the initiative of the office, if there are reasonable grounds to believe that the amount of child support awarded in the judgment should be modified or that dependent health care coverage is available and the support order should be modified to include an order for health care coverage. Reasonable grounds to review an order under this subdivision include any of the following:
(i) Temporary or permanent changes in the physical custody of a child that the court has not ordered.
(ii) Increased or decreased need of the child.
(iii) Probable access by an employed parent to dependent health care coverage.
(iv) Changed financial conditions of a recipient of support or a payer, including any of the following:
(A) Application for or receipt of public assistance, unemployment compensation, or worker's compensation.
(B) Incarceration or release from incarceration after a criminal conviction and sentencing to a term of more than 1 year. Within 14 days after receiving information that a recipient of support or payer is incarcerated or released from incarceration as described in this sub-subparagraph, the office shall initiate a review of the order.
(v) That the order was based on incorrect facts.
(2) A review initiated by the office under subsection (1)(f) does not preclude the recipient of support or payer from requesting a review under subsection (1)(b).
(3) Within 180 days after determining that a review is required under subsection (1), the office shall obtain a modification of the order if appropriate.
(4) The office shall use the child support formula developed by the bureau under section 19 in calculating the child support award under section 17b.
(5) The office shall petition the court if modification is determined to be necessary under section 17b unless either of the following applies:
(a) The difference between the existing and projected child support award is less than the minimum threshold for modification of a child support amount as established by the formula.
(b) The court previously determined that application of the formula was unjust or inappropriate and the office determines that the facts of the case and the reasons for and amount of the prior deviation remain unchanged.
(6) The notice under section 17b(3) constitutes a petition for modification of the support order and shall be filed with the court.
(7) If the office determines there should be no change in the order and a party objects to the determination in writing to the office within 21 days after the date of the notice provided for in section 17b(3), the office shall schedule a hearing before the court.
(8) If a support order lacks provisions for health care coverage, the office shall petition the court for a modification to require that 1 or both parents obtain or maintain health care coverage for the benefit of each child who is subject to the support order if either of the following is true:
(a) Either parent has health care coverage available, as a benefit of employment, for the benefit of the child at a reasonable cost.
(b) Either parent is self-employed, maintains health care coverage for himself or herself, and can obtain health care coverage for the benefit of the child at a reasonable cost.
(9) The office shall determine the costs to each parent for dependent health care coverage and child care costs and shall disclose those costs in the recommendation under section 17b(3).
History: 1982, Act 294, Eff. July 1, 1983
Am. 1994, Act 37, Imd. Eff. Mar. 7, 1994
Am. 2002, Act 571, Eff. June 1, 2003
Am. 2004, Act 207, Eff. June 30, 2005
Am. 2009, Act 233, Imd. Eff. Jan. 8, 2010
Popular Name: Friend of the Court
© 2009 Legislative Council, State of Michigan