THE PATERNITY ACT (EXCERPT)
Act 205 of 1956
722.717 Order of filiation; circumstances; contents; support order; retroactivity; enforcement of judgment or order; fee; report to director of department of community health; service of copies to parties.
(1) In an action under this act, the court shall enter an order of filiation declaring paternity and providing for the support of the child under 1 or more of the following circumstances:
(a) The finding of the court or the verdict determines that the man is the father.
(b) The defendant acknowledges paternity either orally to the court or by filing with the court a written acknowledgment of paternity.
(c) The defendant is served with summons and a default judgment is entered against him or her.
(d) Genetic testing under section 6 determines that the man is the father.
(2) An order of filiation entered under subsection (1) shall specify the sum to be paid weekly or otherwise, as prescribed in section 5 of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605, until the child reaches the age of 18. Subject to section 5b of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605b, the court may also order support for a child after he or she reaches 18 years of age. In addition to providing for the support of the child, the order shall also provide for the payment of the necessary expenses connected to the mother's pregnancy and the birth of the child and for the funeral expenses if the child has died, as determined by the court under section 2. A child support obligation is only retroactive to the date that the paternity complaint was filed unless any of the following circumstances exist:
(a) The defendant was avoiding service of process.
(b) The defendant threatened or coerced through domestic violence or other means the complainant not to file a proceeding under this act.
(c) The defendant otherwise delayed the imposition of a support obligation.
(3) A judgment or order entered under this act providing for the support of a child or payment of expenses connected to the mother's pregnancy or the birth of the child is enforceable as provided in the support and parenting time enforcement act, 1982 PA 295, MCL 552.601 to 552.650. If this act contains a specific provision regarding the contents or enforcement of a support order that conflicts with a provision in the support and parenting time enforcement act, 1982 PA 295, MCL 552.601 to 552.650, this act controls in regard to that provision.
(4) Upon entry of an order of filiation, the clerk of the court shall collect a fee of $9.00 for entering the order and the fee imposed by section 2891(9)(a) of the public health code, 1978 PA 368, MCL 333.2891, from the person against whom the order of filiation is entered. The clerk shall retain the $9.00 fee and remit the fee imposed by section 2891(9)(a) of the public health code, 1978 PA 368, MCL 333.2891, with a written report of the order of filiation, to the director of the department of community health. The report shall be on a form prescribed by or in a manner approved by the director of the department of community health. Regardless of whether the fees required by this section are collected, the clerk shall transmit and the department of community health shall receive the report of the order of filiation.
(5) If an order of filiation or acknowledgment of parentage is abrogated by a later judgment or order of a court, the clerk of the court that entered the order shall immediately communicate that fact to the director of the department of community health on a form prescribed by the director of the department of community health. An order of filiation supersedes an acknowledgment of parentage.
(6) Within the time prescribed by court rule, the party, attorney, or agency that secures the signing of an order of filiation shall serve a copy of the order on all parties to the action and file proof of service with the court clerk.
History: 1956, Act 205, Eff. Aug. 11, 1956
Am. 1962, Act 238, Eff. Mar. 28, 1963
Am. 1986, Act 107, Eff. June 1, 1986
Am. 1989, Act 277, Imd. Eff. Dec. 26, 1989
Am. 1990, Act 244, Imd. Eff. Oct. 10, 1990
Am. 1990, Act 294, Imd. Eff. Dec. 14, 1990
Am. 1993, Act 146, Imd. Eff. Aug. 19, 1993
Am. 1994, Act 388, Eff. Oct. 1, 1995
Am. 1996, Act 18, Eff. June 1, 1996
Am. 1996, Act 308, Eff. June 1, 1997
Am. 2001, Act 109, Eff. Sept. 30, 2001
Am. 2004, Act 209, Eff. Oct. 1, 2004
Am. 2009, Act 235, Imd. Eff. Jan. 8, 2010
Am. 2014, Act 364, Eff. Mar. 17, 2015
© 2017 Legislative Council, State of Michigan