SENATE BILL NO. 1034


  March 25, 1998, Introduced by Senators GEAKE, BENNETT, CISKY,
            ROGERS, GOUGEON, STILLE, MC MANUS, EMMONS, NORTH, BULLARD,
            DUNASKISS, SCHWARZ, GAST, DINGELL, STEIL, SHUGARS and CONROY
            and referred to the Committee on Families, Mental Health and
            Human Services.
     


        A bill to amend 1982 PA 295, entitled

   "Support and parenting time enforcement act,"

   by amending section 3a (MCL 552.603a), as amended by 1996 PA

   120.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 3a.  (1) As of January 1 and July 1 of each year, a

 2    surcharge calculated at an 8% annual rate shall be added to sup-

 3    port payments that are past due as of those dates.  The amount

 4    shown as due and owing on the records of the friend of the court

 5    as of January 1 and July 1 of each year shall be reduced by an

 6    amount equal to 2 weeks' support for purposes of assessing the

 7    surcharge.  A surcharge under this subsection shall not be added

 8    to support ordered under the paternity act,  Act No. 205 of
             the

 9     Public Acts of 1956, being sections 722.711 to 722.730 of
                       the




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 1    Michigan Compiled Laws  1956 PA 205, MCL 722.711 TO
             722.730, for

 2    the time period to the date of the support order.

 3         (2) Upon receiving money for payment of support, the friend

 4    of the court shall apply the amount received first to current

 5    support and then to any support arrearage including any sur-

 6    charges imposed under this section.

 7         (3) UPON RECEIVING MONEY FOR PAYMENT OF SUPPORT FOR A PERSON

 8    WHO IS RECEIVING PUBLIC ASSISTANCE UNDER THE SOCIAL WELFARE ACT,

 9    1939 PA 280, MCL 400.1 TO 400.119B, THE FRIEND OF THE COURT SHALL

10    APPLY THE AMOUNT RECEIVED IN THE SAME MANNER AS PROVIDED UNDER

11    SUBSECTION (2) AND NOTIFY THE FAMILY INDEPENDENCE AGENCY THAT

12    MONEY HAS BEEN RECEIVED AND DISBURSED TO THE RECIPIENT.

13         (4) THE FAMILY INDEPENDENCE AGENCY SHALL NOT CONSIDER A

14    CHILD SUPPORT PAYMENT TO A RECIPIENT OF PUBLIC ASSISTANCE AS AN

15    OVERPAYMENT SUBJECT TO RECOVERY UNDER SECTION 43A OF THE SOCIAL

16    WELFARE ACT, 1939 PA 280, MCL 400.43A, UNTIL AFTER ALL ARREARAGES

17    OF THE CHILD SUPPORT ORDER ARE PAID.  OVERPAYMENTS MAY THEN ONLY

18    BE RECOVERED FROM THE PAYER OF THE CHILD SUPPORT AND NOT THE

19    RECIPIENT.



















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