HOUSE BILL No. 4635


     April 19, 2001, Introduced by Rep. Koetje and referred to the Committee on Civil Law and the Judiciary.


        A bill to amend 1982 PA 295, entitled

   "Support and parenting time enforcement act,"

   (MCL 552.601 to 552.650) by adding section 5.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           SEC. 5.  (1) AN INDIVIDUAL MAY FILE A MOTION FOR RELIEF FROM

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      A COURT ORDER THAT STATES THAT THE INDIVIDUAL IS A CHILD'S FATHER

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      OR THAT REQUIRES THE INDIVIDUAL TO PAY CHILD SUPPORT.  EXCEPT AS

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      OTHERWISE PROVIDED IN THIS SECTION, THE COURT SHALL VACATE AN

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      ORDER STATING AN INDIVIDUAL IS A CHILD'S FATHER OR TERMINATE A

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      CHILD SUPPORT ORDER IF THE COURT FINDS BOTH OF THE FOLLOWING:

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           (A) THE INDIVIDUAL IS NOT THE CHILD'S ADOPTIVE PARENT.

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           (B) GENETIC TESTING RESULTS ARE ADMITTED INTO EVIDENCE AND

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      THE RESULTS EXCLUDE THE INDIVIDUAL AS THE CHILD'S PARENT.  THE

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      COURT SHALL NOT ADMIT INTO EVIDENCE GENETIC TESTING RESULTS FROM




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      A TEST THAT WAS CONDUCTED MORE THAN 6 MONTHS BEFORE THE MOTION IS

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      FILED.

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           (2) THE COURT SHALL NOT GRANT A MOTION UNDER SUBSECTION (1)

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      IF THE COURT FINDS THAT, AFTER AN INDIVIDUAL KNOWS THAT HE IS NOT

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      A CHILD'S BIOLOGICAL PARENT, ANY OF THE FOLLOWING OCCUR:

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           (A) THE INDIVIDUAL ACKNOWLEDGES PATERNITY OF THE CHILD IN

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      WRITING.

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           (B) THE INDIVIDUAL CONSENTS TO HIS NAME BEING ENTERED AS THE

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      CHILD'S BIOLOGICAL FATHER ON THE CHILD'S BIRTH CERTIFICATE.

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           (C) THE INDIVIDUAL IS DETERMINED TO BE THE CHILD'S FATHER IN

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      AN ACTION UNDER THE PATERNITY ACT, 1956 PA 206, MCL 722.711 TO

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      722.730.

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           (D) THE STATE REGISTRAR FILES AN ACKNOWLEDGMENT OF PARENTAGE

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      IN WHICH THE INDIVIDUAL DECLARES HIMSELF TO BE THE CHILD'S BIO-

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      LOGICAL FATHER.

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           (E) THE INDIVIDUAL OTHERWISE ADMITS THAT HE IS, OR ACKNOWL-

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      EDGES HIMSELF AS, THE CHILD'S BIOLOGICAL FATHER.

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           (3) SUBSECTION (2) DOES NOT APPLY IF THE COURT FINDS THAT AN

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      EVENT LISTED IN SUBSECTION (2) OCCURRED BEFORE THE INDIVIDUAL

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      KNEW THAT HE IS NOT THE CHILD'S BIOLOGICAL FATHER.

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           (4) AN INDIVIDUAL SHALL FILE A MOTION UNDER THIS SECTION

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      WITH THE COURT THAT ISSUED THE ORDER FROM WHICH THE MOVING PARTY

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      SEEKS RELIEF.  ON THE COURT'S OWN OR AN ADVERSE PARTY'S MOTION,

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      THE COURT MAY CHANGE VENUE IF THE COURT FINDS THAT THE ORIGINAL

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      VENUE PRESENTS A HARDSHIP FOR AN ADVERSE PARTY.

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           (5) IN A PROCEEDING UNDER THIS SECTION, THE COURT, UPON

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      APPLICATION MADE BY OR ON BEHALF OF EITHER PARTY, OR ON ITS OWN



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      MOTION, SHALL ORDER THE CHILD, THE CHILD'S MOTHER, AND THE

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      INDIVIDUAL FILING THE MOTION UNDER SUBSECTION (1) TO SUBMIT TO

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      GENETIC TESTING WITHIN 30 DAYS AFTER THE ORDER IS ISSUED.

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      GENETIC TESTING UNDER THIS SECTION IS SUBJECT TO THE SAME PROCE-

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      DURES AS GENETIC TESTING ORDERED UNDER SECTION 6 OF THE PATERNITY

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      ACT, 1956 PA 204, MCL 722.716.

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           (6) IF THE COURT GRANTS A MOTION UNDER THIS SECTION TO

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      VACATE OR TERMINATE AN ORDER, AND THE MOVING PARTY AND CHILD ARE

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      ALSO THE SUBJECTS OF A PARENTING TIME ORDER, THE COURT SHALL

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      DETERMINE IF THE PARENTING TIME ORDER IS TERMINATED, MODIFIED, OR

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      CONTINUED.  IF THE COURT GRANTS A MOTION UNDER THIS SECTION TO

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      TERMINATE A CHILD SUPPORT ORDER AND AN ARREARAGE EXISTS UNDER

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      THAT ORDER, THE COURT MAY CANCEL THE ARREARAGE.

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           (7) IF A MOTION UNDER THIS SECTION IS TO TERMINATE A CHILD

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      SUPPORT ORDER AND THE COURT DOES NOT GRANT THE MOTION, THE COURT

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      SHALL ORDER THE MOVING PARTY TO PAY THE COSTS OF THE ACTION AND

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      EACH OPPOSING PARTY'S REASONABLE ATTORNEY FEES.

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           (8) AS USED IN THIS SECTION, "GENETIC TESTING" MEANS BLOOD

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      OR TISSUE TYPING, OR DNA IDENTIFICATION PROFILING, AS DESCRIBED

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      IN AND PRESCRIBED BY THE PATERNITY ACT, 1956 PA 204, MCL 722.711

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      TO 722.730.















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