DELINQUENT SUPPORT PAYERS                                       S.B. 769 (S-3): FLOOR ANALYSIS

 

 

 

 

 

 

 

 

 

Senate Bill 769 (Substitute S-3 as reported) Sponsor: Senator Mike Rogers

Committee: Families, Mental Health and Human Services

 

CONTENT

 

The bill would amend the Support and Visitation Enforcement Act to prohibit a minor parent who was delinquent in paying child support, or a custodial parent who wrongfully denied a child’s visitation with the noncustodial parent, from participating in extracurricular activities. “Extracurricular activity” would mean participation in an activity that was not part of the regular high school academic curriculum including, but not limited to, participation in athletics, theater, creative arts, or newspaper or yearbook production. Extracurricular activity would not include a work-study program.

 

Specifically, the bill provides that if the fixed amount of arrearage determined under the Friend of the Court Act were reached and the payer were attending high school, the Office of the Friend of the Court (FOC) would have to include in the notice of the arrearage to the payer notice that he or she would be prohibited from participating in a high school extracurricular activity until payment of the entire arrearage, or until the payer and the Office of the FOC agreed on a payment plan and the payer had demonstrated adherence to the plan. Further, the Office of the FOC would have to inform a custodial parent who wrongfully denied a child’s visitation with a noncustodial parent in violation of a court order that he or she was prohibited from participating in an extracurricular activity until he or she complied with the order. The FOC would have to notify the principal of the payer’s or custodial parent’s high school about the prohibition, and the principal would have to inform the FOC as to whether the payer or custodial parent was participating in an extracurricular activity. If the support arrearage were paid or the visitation order were complied with, the Office of the FOC would have to notify the principal that the payer or custodial parent was no longer prohibited from participating in an extracurricular activity.

 

The bill would take effect August 1, 1996.

 

MCL 552.602 et al.                                                                        Legislative Analyst: S. Margules

 

FISCAL IMPACT

 

The fiscal impact on the Office of the FOC would be minimal, assuming a ban on extracurricular activities resulted in greater compliance with paying child support arrearages. The FOC also would incur minimal administrative costs for providing notification to the principal of the high school regarding a parent’s compliance with his or her child support or visitation order.

 

A school district with a student in arrears or noncompliance also would incur minimal additional administrative expenses in complying with the notification requirements and limits on student participation that would be created by the bill.

 

Date Completed: 2-1-96                                                                             Fiscal Analyst: M. Bain

E. Pratt

 

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This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.