REVISED JUDICATURE ACT OF 1961 (EXCERPT)
Act 236 of 1961
600.2538 Payments of support or maintenance collected by friend of the court or state disbursement unit; fee; notice; contempt for failure or refusal to pay fee; centralized receipt and disbursement of support; creation of attorney general's operations fund; “state disbursement unit” or “SDU” defined.
(1) For services provided that are not reimbursable under the provisions of part D of title IV of the social security act, 42 USC 651 to 669b, every person required to make payments of support or maintenance to be collected by the friend of the court or the state disbursement unit shall pay a fee of $3.50 per month for every month or portion of a month that support or maintenance is required to be paid. The fee shall be paid monthly, quarterly, or semiannually as required by the friend of the court. The friend of the court shall provide notice of the fee required by this section to the person ordered to pay the support and that the fee shall be paid monthly or as otherwise determined by the friend of the court. The friend of the court or SDU shall transmit each fee collected under this section as follows:
(a) Two dollars and twenty-five cents to the appropriate county treasurer for deposit into the general fund of the county to be used to fund the provision of services by the friend of the court that are not reimbursable under part D of title IV of the social security act, 42 USC 651 to 669b.
(b) For fees assessed on or after October 1, 2003, 25 cents to the state treasurer for deposit in the fund created in subsection (4).
(c) One dollar to the state treasurer for deposit in the state court fund created in section 151a.
(2) A court may hold a person who fails or refuses to pay a service fee ordered under subsection (1) in contempt.
(3) The SDU is responsible for the centralized receipt and disbursement of support. An office of the friend of the court may continue to receive support and fees.
(4) An attorney general's operations fund is created within the state treasury. The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments. Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund. The department of attorney general shall expend money from the fund, upon appropriation, for operational purposes.
(5) As used in this section, "state disbursement unit" or "SDU" means the entity established in section 6 of the office of child support act, 1971 PA 174, MCL 400.236.
History: Add. 1993, Act 189, Imd. Eff. Oct. 8, 1993
Am. 1999, Act 151, Imd. Eff. Nov. 3, 1999
Am. 2003, Act 138, Eff. Oct. 1, 2003
Am. 2003, Act 178, Eff. Oct. 1, 2003
Am. 2009, Act 239, Imd. Eff. Jan. 8, 2010
© 2015 Legislative Council, State of Michigan