HOUSE BILL No. 4404 March 4, 1997, Introduced by Reps. Wallace, Baird, Hale, Martinez, Callahan, Hanley, Scott, Varga, Parks and Brater and referred to the Committee on Judiciary. A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," by amending sections 33, 35, and 39 (MCL 552.633, 552.635, and 552.639), sections 33 and 35 as amended by 1996 PA 336. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 33. (1) The court may find a payer in contempt if the 2 court finds that the payer is in arrears and if the court is sat- 3 isfied that the payer has the capacity to pay out of currently 4 available resources all or some portion of the amount due under 5 the support order. In the absence of proofs to the contrary 6 introduced by the payer, the court shall presume that the payer 7 has currently available resources equal to 4 weeks of payments 8 under the support order. The court shall not find that the payer 9 has currently available resources of more than 4 weeks of 00964'97 GWH 2 1 payments without proof of those resources by the office of the 2 friend of the court or the recipient of support. 3 (2) Upon finding a payer in contempt of court under this 4 section AND SUBJECT TO SUBSECTION (4), the court may immediately 5 enter an order doing 1 of the following: 6 (a) Committing the payer to the county jail. 7 (b) Committing the payer to the county jail with the privi- 8 lege of leaving the jail during the hours the court determines, 9 and under the supervision the court considers, necessary for the 10 purpose of allowing the payer to go to and return from his or her 11 place of employment. 12 (c) Committing the payer to a penal or correctional facility 13 in this state that is not operated by the state department of 14 corrections. 15 (d) If the payer holds an occupational or driver's license, 16 conditioning a suspension of the payer's occupational or driver's 17 license, or both, upon noncompliance with an order for payment of 18 the arrearage in 1 or more scheduled installments of a sum 19 certain. A court shall not order the sanction authorized by this 20 subdivision unless the court finds that the payer has accrued an 21 arrearage of support payments in an amount greater than the 22 amount of periodic support payments payable for 3 months under 23 the payer's support order. 24 (3)(2)If the court enters an order under subsection 25(1)(d)(2)(D) and the payer fails to comply with the arrearage 26 payment schedule, after notice and opportunity for a hearing, the 00964'97 3 1 court shall order suspension of the payer's occupational or 2 driver's license, or both, and proceed under section 30. 3 (4) IF THE COURT DECIDES TO INCARCERATE A PAYER WHO IS FOUND 4 IN CONTEMPT AND THE PAYER PROVES THAT HE OR SHE IS EMPLOYED, THE 5 COURT SHALL ENTER AN ORDER THAT ALLOWS THE PRIVILEGE PROVIDED 6 UNDER SUBSECTION (2)(B) AND SHALL INFORM THE OFFICE OF THE FRIEND 7 OF THE COURT OF THE PAYER'S PLACE OF EMPLOYMENT. 8 Sec. 35. (1) The court may find a payer in contempt if the 9 court finds that the payer is in arrears and if the court is sat- 10 isfied that by the exercise of diligence the payer could have the 11 capacity to pay all or some portion of the amount due under the 12 support order and that the payer fails or refuses to do so. 13 (2) Upon finding a payer in contempt of court under this 14 section, the court may immediately enter an order doing either of 15 the following: 16 (a) Committing the payer to the county jail with the privi- 17 lege of leaving the jail during the hours the court determines, 18 and under the supervision the court considers, necessary for the 19 purpose of allowing the payer to go to and return from his or her 20 place of employment or, if thepersonPAYER wishes to seek 21 employment, to seek employment. IF THE COURT DECIDES TO INCAR- 22 CERATE A PAYER WHO IS FOUND IN CONTEMPT AND THE PAYER PROVES THAT 23 HE OR SHE IS EMPLOYED, THE COURT SHALL ENTER AN ORDER THAT ALLOWS 24 THE PRIVILEGE PROVIDED UNDER THIS SUBSECTION AND SHALL INFORM THE 25 OFFICE OF THE FRIEND OF THE COURT OF THE PAYER'S PLACE OF 26 EMPLOYMENT. 00964'97 4 1 (b) If the payer holds an occupational or driver's license, 2 conditioning a suspension of the payer's occupational or driver's 3 license, or both, upon noncompliance with an order for payment of 4 the arrearage in 1 or more scheduled installments of a sum 5 certain. A court shall not order the sanction authorized by this 6 subdivision unless the court finds that the payer has accrued an 7 arrearage of support payments in an amount greater than the 8 amount of periodic support payments payable for 3 months under 9 the payer's support order. 10 (3) Notwithstanding the length of commitment imposed under 11 this section, an unemployed payer committed to a county jail 12 under this section who finds employment shall be released from 13 jail if either of the following applies: 14 (a) The payer is self-employed and has completed 2 consecu- 15 tive weeks at his or her employment. 16 (b) The payer is employed and has completed 2 consecutive 17 weeks at his or her employment and an order of income withholding 18 is effective. 19 (4) If the court enters an order under subsection (2)(b) and 20 the payer fails to comply with the arrearage payment schedule, 21 after notice and an opportunity for a hearing, the court shall 22 order suspension of the payer's occupational or driver's license, 23 or both, and proceed under section 30. 24 Sec. 39. (1) If a payer is committed to jail under section 2533(b)33(2)(B) or35(2)35(2)(A) and violates the conditions 26 of the court, the court shall commit the payer to the county jail 27 without the privilege provided under section33(b)33(2)(B) or 00964'97 5 135(2)35(2)(A) for the balance of the period of the commitment 2 imposed by the court. 3 (2) If a payer is committed to jail under section33(b)4 33(2)(B) or35(2)35(2)(A) and fails to return to the place of 5 confinement within the time prescribed, the payer shall be con- 6 sidered to have escaped from custody andshall beIS guilty of 7 a misdemeanor, punishable by imprisonment for not more than 1 8 year. 00964'97 Final page. GWH