HOUSE BILL No. 6012 May 7, 2002, Introduced by Reps. Patterson, Tabor, Hummel, DeRossett, Howell, Newell, Voorhees, Vander Veen, Palmer, Raczkowski, Vear, Caul, Julian, George, Bisbee, Jansen and Koetje and referred to the Committee on Family and Children Services. A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," by amending the title and sections 2, 3, 3a, 3b, 4, 5, 5a, 7, 7a, 9, 10, 11, 13, 14, 15, 17, 19, 24, 24a, 25, 25b, 26, 26a, 26c, 26d, 28, 30, 31, 32, 33, 37, 41, 42, 44, 45, and 48 (MCL 552.602, 552.603, 552.603a, 552.603b, 552.604, 552.605, 552.605a, 552.607, 552.607a, 552.609, 552.610, 552.611, 552.613, 552.614, 552.615, 552.617, 552.619, 552.624, 552.624a, 552.625, 552.625b, 552.626, 552.626a, 552.626c, 552.626d, 552.628, 552.630, 552.631, 552.632, 552.633, 552.637, 552.641, 552.642, 552.644, 552.645, and 552.648), the title and sections 3, 14, 26, and 26a as amended and sections 5 and 5a as added by 2001 PA 106, sections 2, 9, 37, and 48 as amended by 1999 PA 160, section 3a as amended by 1996 PA 120, section 3b as added by 1996 PA 367, sections 4, 7, 11, 13, 17, 19, 25, 28, 30, 33, 44, and 45 as amended and 04605'01 p * GWH 2 sections 24a and 25b as added by 1998 PA 334, section 7a as added by 1996 PA 239, section 24 as added by 1985 PA 210, sections 26c and 26d as added by 1995 PA 236, sections 31 and 32 as amended by 2000 PA 442, and sections 41 and 42 as amended by 1996 PA 25. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 TITLE 2 An act to provide for and to supplement statutes that pro- 3 vide for the provisions and enforcement of support, health care, 4 and parenting time orders with respect to divorce, separate main- 5 tenance, paternity, child custody and support, and spousal sup- 6 port; to prescribe and authorize certain provisions of those 7 orders; to prescribe the powers and duties of the circuit court 8 andfriend ofthe court FAMILY SERVICES OFFICE; to prescribe 9 certain duties of certain employers and other sources of income; 10 to provide for penalties and remedies; and to repeal acts and 11 parts of acts. 12 Sec. 2. As used in this act: 13 (a) "Account" means any of the following: 14 (i) A demand deposit account. 15 (ii) A draft account. 16 (iii) A checking account. 17 (iv) A negotiable order of withdrawal account. 18 (v) A share account. 19 (vi) A savings account. 20 (vii) A time savings account. 21 (viii) A mutual fund account. 04605'01 p * 3 1 (ix) A securities brokerage account. 2 (x) A money market account. 3 (xi) A retail investment account. 4 (b) "Account" does not mean any of the following: 5 (i) A trust. 6 (ii) An annuity. 7 (iii) A qualified individual retirement account. 8 (iv) An account covered by the employee retirement income 9 security act of 1974, Public Law 93-406, 88 Stat. 829. 10 (v) A pension or retirement plan. 11 (vi) An insurance policy. 12 (c) "Address" means the primary address shown on the records 13 of a financial institution used by the financial institution to 14 contact the account holder. 15 (D) "CASH" MEANS MONEY OR THE EQUIVALENT OF MONEY, SUCH AS A 16 MONEY ORDER, CASHIER'S CHECK, OR NEGOTIABLE CHECK OR A PAYMENT BY 17 DEBIT OR CREDIT CARD, WHICH EQUIVALENT IS ACCEPTED AS CASH BY THE 18 AGENCY ACCEPTING THE PAYMENT. 19 (E) "COURT FAMILY SERVICES CASE" MEANS A DOMESTIC RELATIONS 20 MATTER THAT A COURT FAMILY SERVICES OFFICE ESTABLISHES AS A COURT 21 FAMILY SERVICES CASE AS REQUIRED UNDER SECTION 5A OF THE COURT 22 FAMILY SERVICES OFFICE ACT, MCL 552.505A. 23 (F) "COURT FAMILY SERVICES OFFICE" OR "OFFICE" MEANS AN 24 AGENCY CREATED IN SECTION 3 OF THE COURT FAMILY SERVICES OFFICE 25 ACT, MCL 552.503. 26 (G) "COURT FAMILY SERVICES OFFICE ACT" MEANS 1982 PA 294, 27 MCL 552.501 TO 552.535. 04605'01 p * 4 1 (H)(d)"Department" means the family independence 2 agency. 3 (I) "DOMESTIC RELATIONS MATTER" MEANS A CIRCUIT COURT PRO- 4 CEEDING AS TO CHILD CUSTODY OR PARENTING TIME, OR CHILD OR SPOU- 5 SAL SUPPORT, THAT ARISES OUT OF LITIGATION UNDER A STATUTE OF 6 THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: 7 (i) 1846 RS 84, MCL 552.1 TO 552.45. 8 (ii) THE FAMILY SUPPORT ACT, 1966 PA 138, MCL 552.451 TO 9 552.459. 10 (iii) CHILD CUSTODY ACT OF 1970, 1970 PA 91, MCL 722.21 TO 11 722.31. 12 (iv) 1968 PA 293, MCL 722.1 TO 722.6. 13 (v) THE PATERNITY ACT, 1956 PA 205, MCL 722.711 TO 722.730. 14 (vi) REVISED UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, 15 1952 PA 8, MCL 780.151 TO 780.183. 16 (vii) THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, 1996 17 PA 310, MCL 552.1101 TO 552.1901. 18 (J)(e)"Driver's license" means license as that term is 19 defined in section 25 of the Michigan vehicle code, 1949 PA 300, 20 MCL 257.25. 21 (K)(f)"Employer" means an individual, sole proprietor- 22 ship, partnership, association, or private or public corporation, 23 the United States or a federal agency, this state or a political 24 subdivision of this state, another state or a political subdivi- 25 sion of another state, or another legal entity that hires and 26 pays an individual for his or her services. 04605'01 p * 5 1 (l)(g)"Financial asset" means a deposit, account, money 2 market fund, stock, bond, or similar instrument. 3 (M)(h)"Financial institution" means any of the 4 following: 5 (i) A state or national bank. 6 (ii) A state or federally chartered savings and loan 7 association. 8 (iii) A state or federally chartered savings bank. 9 (iv) A state or federally chartered credit union. 10 (v) An insurance company. 11 (vi) An entity that offers any of the following to a resi- 12 dent of this state: 13 (A) A mutual fund account. 14 (B) A securities brokerage account. 15 (C) A money market account. 16 (D) A retail investment account. 17 (vii) An entity regulated by the securities and exchange 18 commission that collectsfundsMONEY from the public. 19 (viii) An entity that is a member of the national associa- 20 tion of securities dealers and that collects funds from the 21 public. 22 (ix) Another entity that collects funds from the public. 23(i) "Friend of the court act" means 1982 PA 294,24MCL 552.501 to 552.535.25 (N)(j)"Income" means any of the following: 04605'01 p * 6 1 (i) Commissions, earnings, salaries, wages, and other income 2 due or to be due in the future to an individual from his or her 3 employer and successor employers. 4 (ii) A payment due or to be due in the future to an individ- 5 ual from a profit-sharing plan, a pension plan, an insurance con- 6 tract, an annuity, social security, unemployment compensation, 7 supplemental unemployment benefits, or worker's compensation. 8 (iii) An amount of money that is due to an individual as a 9 debt of another individual, partnership, association, or private 10 or public corporation, the United States or a federal agency, 11 this state or a political subdivision of this state, another 12 state or a political subdivision of another state, or another 13 legal entity that is indebted to the individual. 14 (O)(k)"Insurer" means an insurer, health maintenance 15 organization, health care corporation, or other group, plan, or 16 entity that provides health care coverage in accordance with any 17 of the following acts: 18 (i) The public health code, 1978 PA 368, MCL 333.1101 to 19 333.25211. 20 (ii) The insurance code of 1956, 1956 PA 218, MCL 500.100 to 21 500.8302. 22 (iii) The nonprofit health care corporation reform act, 1980 23 PA 350, MCL 550.1101 to 550.1704. 24 (P) "IV-D AGENCY" MEANS THE AGENCY IN THIS STATE PERFORMING 25 THE FUNCTIONS UNDER PART D OF TITLE IV OF THE SOCIAL SECURITY 26 ACT, CHAPTER 531, 49 STAT. 620, 42 U.S.C. 651 TO 655, 656 TO 660, 27 AND 663 TO 669b, AND INCLUDES A PERSON PERFORMING THOSE FUNCTIONS 04605'01 p * 7 1 UNDER CONTRACT INCLUDING A COURT FAMILY SERVICES OFFICE OR A 2 PROSECUTING ATTORNEY. 3 (Q)(l)"Medical assistance" means medical assistance as 4 established under title XIX of the social security act, chapter 5 531, 49 Stat. 620, 42 U.S.C. 1396 to1396f, 1396g-1 to1396r-6 6,and 1396r-8 to 1396v. 7 (R)(m)"Occupational license" means a certificate, regis- 8 tration, or license issued by a state department, bureau, or 9 agency that has regulatory authority over an individual that 10 allows an individual to legally engage in a regulated occupation 11 or that allows the individual to use a specific title in the 12 practice of an occupation, profession, or vocation. 13 (S)(n)"Office of child support" means the office of 14 child support established in section 2 of the office of child 15 support act, 1971 PA 174, MCL 400.232. 16(o) "Office of the friend of the court" means an agency17created in section 3 of the friend of the court act,18MCL 552.503.19 (T)(p)"Order of income withholding" means an order 20 entered by the circuit court providing for the withholding of a 21 payer's income to enforce a support order under this act. 22 (U)(q)"Payer" means an individual who is ordered by the 23 circuit court to pay support. 24 (V) "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, CORPORATION, 25 ASSOCIATION, GOVERNMENTAL ENTITY, OR OTHER LEGAL ENTITY. 26 (W)(r)"Plan administrator" means that term as used in 27 relation to a group health plan under section 609 of part 6 of 04605'01 p * 8 1 subtitle B of title I of the employee retirement income security 2 act of 1974, Public Law 93-406, 29 U.S.C. 1169, if the health 3 care coverage plan of the individual who is responsible for pro- 4 viding a child with health care coverage is subject to that act. 5 (X)(s)"Political subdivision" means a county, city, vil- 6 lage, township, educational institution, school district, or spe- 7 cial district or authority of the state or of a local unit of 8 government. 9 (Y)(t)"Recipient of support" means the following: 10 (i) The spouse, if the support order orders spousal 11 support. 12 (ii) The custodial parent or guardian, if the support order 13 orders support for a minor child or a child who is 18 years of 14 age or older. 15 (iii) The department, if support has been assigned to that 16 department. 17 (Z)(u)"Recreational or sporting license" means a hunt- 18 ing, fishing, or fur harvester's license issued under the natural 19 resources and environmental protection act, 1994 PA 451, 20 MCL 324.101 to 324.90106, but does not include a commercial fish- 21 ing license or permit issued under part 473 of the natural 22 resources and environmental protection act, 1994 PA 451, 23 MCL 324.47301 to 324.47362. 24 (AA)(v)"Referee" meansa personAN INDIVIDUAL who is 25 designated as a referee under the friend of the court act. 04605'01 p * 9 1 (BB)(w)"Source of income" means an employer or successor 2 employer or another individual or entity that owes or will owe 3 income to the payer. 4 (CC)(x)"State disbursement unit" or "SDU" means the 5 entity established in section 6 of the office of child support 6 act, 1971 PA 174, MCL 400.236. 7 (DD) "STATE COURT FAMILY SERVICES OFFICE BUREAU" IS THE 8 STATE COURT FAMILY SERVICES OFFICE BUREAU CREATED IN THE STATE 9 COURT ADMINISTRATIVE OFFICE IN SECTION 19 OF THE COURT FAMILY 10 SERVICES OFFICE ACT, MCL 552.519. 11 (EE)(y)"Support" means all of the following: 12 (i) The payment of money for a child or a spouse ordered by 13 the circuit court, whether the order is embodied in an interim, 14 temporary, permanent, or modified order or judgment. Support may 15 include payment of the expenses of medical, dental, and other 16 health care, child care expenses, and educational expenses. 17 (ii) The payment of money ordered by the circuit court under 18 the paternity act, 1956 PA 205, MCL 722.711 to 722.730, for the 19 necessary expenses incurred by or for the mother in connection 20 with her confinement, for other expenses in connection with the 21 pregnancy of the mother, or for the repayment of genetic testing 22 expenses. 23 (iii) A surcharge accumulated under section 3a. 24 (FF)(z)"Support order" means an order entered by the 25 circuit court for the payment of support, whether or not a sum 26 certain. 04605'01 p * 10 1 (GG)(aa)"Work activity" means any of the following: 2 (i) Unsubsidized employment. 3 (ii) Subsidized private sector employment. 4 (iii) Subsidized public sector employment. 5 (iv) Work experience, including work associated with the 6 refurbishing of publicly assisted housing, if sufficient private 7 sector employment is not available. 8 (v) On-the-job training. 9 (vi) Job search and job readiness assistance. 10 (vii) Community service programs. 11 (viii) Vocational educational training, not to exceed 12 12 months with respect to an individual. 13 (ix) Job skills training directly related to employment. 14 (x) Education directly related to employment, in the case of 15 an individual who has not received a high school diploma or a 16 certificate of high school equivalency. 17 (xi) Satisfactory attendance at secondary school or in a 18 course of study leading to a certificate of general equivalence, 19 in the case of an individual who has not completed secondary 20 school or received such a certificate. 21 (xii) The provisions of child care services to an individual 22 who is participating in a community service program. 23 Sec. 3. (1) A support order issued by a court of this state 24 shall be enforced as provided in this section. 25 (2) Except as otherwise provided in this section, a support 26 order that is part of a judgment or is an order in a domestic 27 relations matteras defined in section 2 of the friend of the04605'01 p * 11 1court act, MCL 552.502,is a judgment on and after the date each 2 support payment is due, with the full force, effect, and attrib- 3 utes of a judgment of this state, and is not, on and after the 4 date it is due, subject to retroactive modification. Retroactive 5 modification of a support payment due under a support order is 6 permissible with respect to a period during which there is pend- 7 ing a petition for modification, but only from the date that 8 notice of the petition was given to the payer or recipient of 9 support. 10 (3) This section does not apply to an ex parte interim sup- 11 port order or a temporary support order entered under supreme 12 court rule. 13 (4) Theoffice of the friend of thecourt FAMILY SERVICES 14 OFFICE shall make available to a payer or payee the forms and 15 instructions described in section17a of the friend of the court16act, MCL 552.517a5 OF THE COURT FAMILY SERVICE OFFICE ACT, 17 MCL 552.505. 18 (5) This section does not prohibit a court approved agree- 19 ment between the parties to retroactively modify a support 20 order. This section does not limit other enforcement remedies 21 available under this or another act. 22 (6) Every support order that is part of a judgment issued by 23 a court of this state or that is an order in a domestic relations 24 matteras defined in section 2 of the friend of the court act,25MCL 552.502,shall include all of the following: 26 (a) Substantially the following statement: "Except as 27 otherwise provided in section 3 of the support and parenting time 04605'01 p * 12 1 enforcement act, 1982 PA 295, MCL 552.603, a support order that 2 is part of a judgment or that is an order in a domestic relations 3 matteras defined in section 2 of the friend of the court act,41982 PA 294, MCL 552.502,is a judgment on and after the date 5 each support payment is due, with the full force, effect, and 6 attributes of a judgment of this state, and is not, on and after 7 the date it is due, subject to retroactive modification. A sur- 8 charge will be added to support payments that are past due as 9 provided in section 3a of the support and parenting time enforce- 10 ment act, 1982 PA 295, MCL 552.603a.". 11 (b) Notice informing the payer of the imposition of liens by 12 operation of law and that the payer's real and personal property 13 can be encumbered or seized if an arrearage accrues in an amount 14 greater than the amount of periodic support payments payable for 15 1 year under the payer's support order. 16 (7) EACH SUPPORT ORDER THAT IS PART OF A JUDGMENT ISSUED BY 17 A COURT OF THIS STATE OR THAT IS AN ORDER IN A COURT FAMILY SERV- 18 ICES CASE SHALL INCLUDE ALL OF THE FOLLOWING: 19 (A)(c)A requirement that, within 21 days after the payer 20 or payee changes his or her residential or mailing address, that 21 person report the new address and his or her telephone number in 22 writing tothe friend ofthe court FAMILY SERVICES OFFICE. 23 (B)(d)A requirement that both the payer and payee notify 24the office of the friend ofthe court FAMILY SERVICES OFFICE if 25 he or she holds an occupational license and if he or she holds a 26 driver's license. 04605'01 p * 13 1 (C)(e)The name, address, and telephone number of the 2 payer's and payee's current sources of income. 3 (D)(f)A requirement that both the payer and payee inform 4the office of the friend ofthe court FAMILY SERVICES OFFICE of 5 his or her social security number and driver's license number. 6 The requirement of this subdivision to provide a social security 7 number with the information does not apply to a payer or payee 8 who demonstrates he or she is exempt under law from obtaining a 9 social security number or to a payer or payee who for religious 10 convictions is exempt under law from disclosure of his or her 11 social security number under these circumstances. The court 12 shall inform the payer and payee of this possible exemption. 13 (E)(g)Notice that an order for dependent health care 14 coverage takes effect immediately and will be sent to the 15 parent's current and subsequent employers and insurers if 16 appropriate. The notice shall inform the parent that he or she 17 may contest the action by requesting a review or hearing concern- 18 ing availability of health care coverage at a reasonable cost. 19 (8)(7)A support order shall not accrue interest. 20 Sec. 3a. (1)AsFOR A COURT FAMILY SERVICES CASE, AS of 21 January 1 and July 1 of each year, a surcharge calculated at an 22 8% annual rate shall be added to support payments that are past 23 due as of those dates. The amount shown as due and owing on the 24 recordsof the friendof the court FAMILY SERVICES OFFICE as of 25 January 1 and July 1 of each year shall be reduced by an amount 26 equal to 2 weeks' support for purposes of assessing the 27 surcharge. A surcharge under this subsection shall not be added 04605'01 p * 14 1 to support ordered under the paternity act,Act No. 205 of the2Public Acts of 1956, being sections 722.711 to 722.730 of the3Michigan Compiled Laws1956 PA 205, MCL 722.711 TO 722.730, for 4 the time period to the date of the support order. 5 (2) Upon receiving money for payment of support,the friend6ofthe court FAMILY SERVICES OFFICE shall apply the amount 7 received first to current support and then to any support arrear- 8 age including any surcharges imposed under this section. 9 Sec. 3b. If an individual who is required by the court to 10 report his or her income to the court orthe office of the11friend ofthe court FAMILY SERVICES OFFICE knowingly and inten- 12 tionally fails to report, refuses to report, or knowingly misrep- 13 resents that income, after notice and an opportunity for a hear- 14 ing, the court may retroactively correct the amount of support. 15 Sec. 4. (1) After July 1, 1983, each support order entered 16 or modified by the circuit court shall provide for an order of 17 income withholding. 18 (2) Each support order entered by the circuit court on or 19 before July 1, 1983 shall be considered to provide for an order 20 of income withholding by operation of law, and income withholding 21 shall be implemented under the same circumstances and enforced in 22 the same manner as in the case of orders of income withholding 23provided for pursuant toREQUIRED BY subsection (1). The 24office of the friend of thecourt FAMILY SERVICES OFFICE shall 25 send notice of the provisions of this subsection by ordinary mail 26 to each payer under a support order entered by the circuit court 27 on or before July 1, 1983 to whom this subsection applies. 04605'01 p * 15 1 (3) An order of income withholding in a support order 2 including consideration of any abatements of support entered or 3 modified after December 31, 1990, shall take effect immediately 4 unless 1 of the following applies: 5 (a) The court finds, upon notice and hearing, that there is 6 good cause for the order of income withholding not to take effect 7 immediately. For purposes of this subdivision, a finding of good 8 cause shall be based on at least all of the following: 9 (i) A written and specific finding by the court why immedi- 10 ate income withholding would not be in the CHILD'S best 11 interests.of the child.12 (ii) Proof of timely payment of previously ordered support, 13 if applicable. 14 (iii)AnFOR A COURT FAMILY SERVICES CASE, AN agreement by 15 the payer that he or she shall keepthe office of the friend of16 the court FAMILY SERVICES OFFICE informed of both of the 17 following: 18 (A) The name, address, and telephone number of his or her 19 current source of income. 20 (B) Any health care coverage that is available to him or her 21 as a benefit of employment or that is maintained by him or her; 22 the name of the insurer; the policy, certificate, or contract 23 number; and the names and birth dates of the persons for whose 24 benefit he or she maintains health care coverage under the 25 policy, certificate, or contract. 04605'01 p * 16 1 (b) The parties enter into a written agreement that is 2 reviewed and entered in the record by the court that provides for 3 all of the following: 4 (i) The order of income withholding shall not take effect 5 immediately. 6 (ii) An alternative payment arrangement. 7 (iii)ThatFOR A COURT FAMILY SERVICES CASE, THAT the 8 payer shall keepthe office of the friend ofthe court FAMILY 9 SERVICES OFFICE informed of both of the following: 10 (A) The name, address, and telephone number of his or her 11 current source of income. 12 (B) Any health care coverage that is available to him or her 13 as a benefit of employment or that is maintained by him or her; 14 the name of the insurer; the policy, certificate, or contract 15 number; and names and birth dates of the persons for whose bene- 16 fit he or she maintains health care coverage under the policy, 17 certificate, or contract. 18 (4) Except as otherwise provided in subsection (3)(a) or 19 (b), an order of income withholding in an ex parte interim sup- 20 port order shall take effect after the expiration of 14 days 21 after the order has been served on the opposite party unless the 22 opposite party files a written objection to the ex parte interim 23 support order during that 14-day period. 24 (5) An order of income withholding that does not take effect 25 immediatelypursuant toAS PROVIDED IN this section shall take 26 effect when the requirement of section 7 is met. 04605'01 p * 17 1 (6) The court for cause or at the request of the payer may 2 order the withholding of income to take effect immediately. 3 (7) An order of income withholding in a support order 4 entered on or before December 31, 1990 shall take effect when the 5 requirement of section 7 is met. 6 Sec. 5. (1) If a court orders the payment of child support 7 under this or another act of the state, this section applies to 8 that order. 9 (2) Except as otherwise provided in this section, the court 10 shall order child support in an amount determined by application 11 of the child support formula developed by the statefriend of12thecourt FAMILY SERVICES OFFICE bureau as required in section 13 19 ofthe friend ofthe court FAMILY SERVICES OFFICE act, 14 MCL 552.519. The court may enter an order that deviates from the 15 formula if the court determines from the facts of the case that 16 application of the child support formula would be unjust or inap- 17 propriate and sets forth in writing or on the record all of the 18 following: 19 (a) The child support amount determined by application of 20 the child support formula. 21 (b) How the child support order deviates from the child sup- 22 port formula. 23 (c) The value of property or other support awarded instead 24 of the payment of child support, if applicable. 25 (d) The reasons why application of the child support formula 26 would be unjust or inappropriate in the case. 04605'01 p * 18 1 (3) Subsection (2) does not prohibit the court from entering 2 a child support order that is agreed to by the parties and that 3 deviates from the child support formula, if the requirements of 4 subsection (2) are met. 5 Sec. 5a. (1)AFOR A COURT FAMILY SERVICES CASE, A child 6 support order entered or modified by the court shall provide that 7 each party shall keepthe office of the friend ofthe court 8 FAMILY SERVICES OFFICE informed of both of the following: 9 (a) The name and address of his or her current source of 10 income. 11 (b) Health care coverage that is available to him or her as 12 a benefit of employment or that is maintained by him or her; the 13 name of the insurance company, nonprofit health care corporation, 14 or health maintenance organization; the policy, certificate, or 15 contract number; and the names and birth dates of the persons for 16 whose benefit he or she maintains health care coverage under the 17 policy, certificate, or contract. 18 (2) If a child support order is entered, the court shall 19 require that 1 or both parents obtain or maintain health care 20 coverage that is available to them at a reasonable cost, as a 21 benefit of employment, for the benefit of the minor children of 22 the parties and, subject to section 5b, for the benefit of the 23 parties' children who are not minor children. If a parent is 24 self-employed and maintains health care coverage, the court shall 25 require the parent to obtain or maintain dependent coverage for 26 the benefit of the minor children of the parties and, subject to 04605'01 p * 19 1 section 5b, for the benefit of the parties' children who are not 2 minor children, if available at a reasonable cost. 3 (3) A court may require either parent to file a bond with 1 4 or more sufficient sureties, in a sum to be fixed by the court, 5 guaranteeing payment of child support. 6 Sec. 7. (1)If the fixed amount of arrearage determined7under section 11(1) of the friend of the court act, MCL 552.511,8is reached, the office of the friend of the courtFOR A COURT 9 FAMILY SERVICES CASE, IF THE ARREARAGE UNDER A SUPPORT ORDER 10 REACHES THE ARREARAGE AMOUNT THAT REQUIRES THE INITIATION OF 1 OR 11 MORE SUPPORT ENFORCEMENT MEASURES AS PROVIDED IN SECTION 11 OF 12 THE COURT FAMILY SERVICES OFFICE ACT, MCL 552.511, THE COURT 13 FAMILY SERVICES OFFICE immediately shall send notice of the 14 arrearage to the payer by ordinary mail to his or her last known 15 address. The notice to the payer shall contain the following 16 information: 17 (a) The amount of the arrearage. 18 (b) That the payer's income is subject to income withholding 19 and the amount to be withheld. 20 (c) That income withholding will be applied to current and 21 subsequent employers and periods of employment and other sources 22 of income. 23 (d) That the order of income withholding is effective and 24 notice to withhold income will be sent to the payer's source of 25 income. 26 (e) That the payer may request a hearing within 14 days 27 after the date of the notice to contest the withholding, but only 04605'01 p * 20 1 on the grounds that the withholding is not proper because of a 2 mistake of fact concerning the amount of current or overdue sup- 3 port or the identity of the payer. 4 (f) That if the hearing is held before a referee, the payer 5 has a right to a de novo hearing before a circuit court judge. 6 (g) That if the payer believes that the amount of support 7 should be modified due to a change in circumstances, the payer 8 may file a petition with the court for modification of the sup- 9 port order. 10 (2) A copy of the notice provided for in subsection (1) 11 shall be sent by ordinary mail to each recipient of support. 12 (3) A payer to whom notice is sent under subsection (1), 13 within 14 days after the date on which the notice was sent, may 14 request a hearing on the grounds that the withholding is not 15 proper because of a mistake of fact concerning the amount of cur- 16 rent or overdue support or the identity of the payer. 17 (4) A referee or circuit judge shall hold a hearing 18 requested under this section within 14 days after the date of the 19 request. If at the hearing the payer establishes that the with- 20 holding is not proper because of a mistake of fact concerning the 21 amount of current or overdue support or the identity of the 22 payer, the referee or circuit judge may direct that the order of 23 income withholding be rescinded until such time as the referee or 24 judge determines. 25 (5) If the hearing provided under subsection (4) is held 26 before a referee, either party may request a de novo hearing as 04605'01 p * 21 1 provided in section7(5) of the friend7 of the court FAMILY 2 SERVICES OFFICE act, MCL 552.507. 3 (6) If a petition for modification of the support order is 4 filed by or on behalf of a payer and is pending at the date 5 scheduled for a hearing under subsection (4), the court may con- 6 solidate the hearing under subsection (4) and a hearing on the 7 petition for modification. 8 (7) All proceedings under this section shall be completed 9 within 45 days after the date that notice was sent under subsec- 10 tion (1), unless otherwise permitted by the court upon a showing 11 of good cause. 12 Sec. 7a. Thefriend of thecourt FAMILY SERVICES 13 ADMINISTRATOR shall not consider a payer to have an arrearage if 14 the payer produces documentary evidence that money has been with- 15 held from the payer's income in an amount equal to or greater 16 than the amount required under the payer's support order. This 17 documentary evidence includes, but is not limited to, pay stubs, 18 wage statements, or other written income information produced by 19 the payer's employer. 20 Sec. 9. A notice of income withholding entered under this 21 act shall be served on sources of income as provided in section 22 11. The notice shall direct sources of income to withhold from 23 income due the payer an amount sufficient to meet the payments 24 ordered for support and service fees, and to defray arrearages in 25 payments and service fees due at the time the order of income 26 withholding takes effect. The notice shall also direct that the 27 amount withheld for support, fees, and health care coverage 04605'01 p * 22 1 premiums shall not exceed the amount allowed under section 303(b) 2 of title III of the consumer credit protection act, Public Law 3 90-321, 15 U.S.C. 1673. The notice shall contain a statement of 4 the requirements of sections 11, 11a, 12, 13, 14, and 23. The 5 notice shall also direct that income withheld under the notice 6 for support and fees shall be paid tothe office of the friend7ofthe court FAMILY SERVICES OFFICE or to the state disbursement 8 unit, as appropriate, within 3 days after the date of the 9 withholding. 10 Sec. 10.TheFOR A COURT FAMILY SERVICES CASE, THE payer 11 shall give tothe office of the friend ofthe court FAMILY 12 SERVICES OFFICE, at the time the order of income withholding is 13 issued, the name and address of his or her employer. The payer 14 shall immediately give tothe office of the friend ofthe court 15 FAMILY SERVICES OFFICE notice of the name and address of any sub- 16 sequent employer. 17 Sec. 11. An order of income withholding entered under this 18 act is binding upon a source of income 7 days after service upon 19 that source of income of a notice of the order of income with- 20 holding by ordinary mail or by electronic means as agreed by the 21 source of income andthe office of the friend ofthe court 22 FAMILY SERVICES OFFICE. The order of income withholding remains 23 in effect until further order of the court. An order of income 24 withholding has priority over all other legal process under state 25 law against the same income. 26 Sec. 13. The court may find a source of income in contempt 27 and fine the source of income if the source of income is served 04605'01 p * 23 1 with a notice of income withholding and fails to comply with the 2 notice or to pay withheld amounts tothe friend ofthe court 3 FAMILY SERVICES OFFICE after the order becomes binding under sec- 4 tion 11. 5 Sec. 14. (1) A source of income that has been served with a 6 notice of income withholding or with an order or notice of an 7 order for dependent health care coverage shall notify the appro- 8 priateoffice of the friend of thecourt FAMILY SERVICES 9 ADMINISTRATOR if the parent's income from that source or depen- 10 dent health care coverage is terminated. 11 (2) If the source of income is an employer, the source of 12 income shall promptly notify the appropriateoffice of the13friend of thecourt FAMILY SERVICES OFFICE when the payer's 14 employment is terminated or interrupted for a period of 14 or 15 more consecutive days, and shall provide the payer's last known 16 address and the name and address of the payer's new employer or 17 other source of income, if known. Theoffice of the friend of18thecourt FAMILY SERVICES OFFICE shall immediately serve the 19 payer's new employer or other source of income with a notice of 20 income withholding and, if the payer's source of income is an 21 employer, with a notice of the order for dependent health care 22 coverage. 23 Sec. 15. The payer and any recipient of support shall imme- 24 diately give tothe office of the friend ofthe court FAMILY 25 SERVICES OFFICE notice of any change in circumstanceswhich26 THAT would affect an order of income withholding or the 27 distribution of money received under that order. 04605'01 p * 24 1 Sec. 17.IfFOR A COURT FAMILY SERVICES CASE, IF the 2 court orders a modification in support and an order of income 3 withholding has been entered under this act,the office of the4friend ofthe court FAMILY SERVICES OFFICE shall give to a 5 source of income to which notice of income withholding was sent 6 under section 11 a notice of the modification by ordinary mail or 7 by electronic means as agreed by the source of income andthe8office of the friend ofthe court FAMILY SERVICES OFFICE. The 9 amount assigned or withheld shall be changed to conform with the 10 court ordered modification 7 days after receipt of the notice of 11 modification. 12 Sec. 19. (1) If the court awards to the payer sole custody 13 of a child for whom the payer has been previously ordered to pay 14 support and a previously accumulated arrearage under the support 15 order for that child does not exist, the court shall modify any 16 existing support order to exclude support ordered to be paid by 17 that payer for that particular child. If an existing support 18 order does not provide for support to any other child of whom the 19 payer does not have custody, for support to a former spouse, or 20 for payments of confinement or pregnancy expenses, the court 21 shall terminate the order of income withholding as soon as any 22 previously accumulated arrearage has been paid. 23 (2) The court shall suspend or terminate an order of income 24 withholding under any of the following circumstances: 25 (a) The location of the child and custodial parent cannot be 26 determined bythe friend ofthe court FAMILY SERVICES OFFICE 27 for a period of 90 days or more. 04605'01 p * 25 1 (b) The court determines that there is no further support 2 obligation. 3 (c) When otherwise determined by the court, upon a showing 4 of good cause, and if the court determines that such suspension 5 or termination is not contrary to the best interests of the 6 child. In making a determination under this subdivision, the 7 court may consider the previous payment record of the payer, evi- 8 dence of the payer's intent to make regular and timely support 9 payments, and any other factors considered relevant by the 10 court. However, the payment of arrearages under the support 11 order shall not be the sole reason for termination of an order of 12 income withholding. 13 (d) The parties enter into a written agreement that is 14 reviewed and entered in the record by the court that provides for 15 all of the following: 16 (i) The order of income withholding shall be suspended. 17 (ii) An alternative payment arrangement. 18 (iii)TheFOR A COURT FAMILY SERVICES CASE, THE payer 19 shall keepthe office of the friend ofthe court FAMILY SERV- 20 ICES OFFICE informed of both of the following: 21 (A) The name and address of his or her current source of 22 income. 23 (B) Any health care coverage that is available to him or her 24 as a benefit of employment or that is maintained by him or her; 25 the name of the insurance company, health care organization, or 26 health maintenance organization; the policy, certificate, or 27 contract number; and names and birth dates of the persons for 04605'01 p * 26 1 whose benefit he or she maintains health care coverage under the 2 policy, certificate, or contract. 3 (3) The parties shall not enter into a written agreement 4pursuant toUNDER subsection (2)(d) if either of the following 5 circumstances exists: 6 (i) There is a support arrearage. 7 (ii) An order of income withholding was previously suspended 8 or terminated and subsequently implemented due to the payer's 9 failure to pay support. 10 (4) If a written agreement is entered intopursuant to11 UNDER subsection (2)(d), the order of income withholding shall 12 take effect whenthe fixed amount of arrearage determined under13section 11(1) of the friend of the court act, MCL 552.511, is14reachedAN ARREARAGE IN SUPPORT PAYMENTS AS AGREED TO UNDER THE 15 WRITTEN AGREEMENT REACHES THE ARREARAGE AMOUNT THAT WOULD REQUIRE 16 THE INITIATION OF 1 OR MORE SUPPORT ENFORCEMENT MEASURES AS PRO- 17 VIDED IN SECTION 11 IF THE CASE WERE A COURT FAMILY SERVICES 18 CASE. 19 (5) The court may suspend or terminate an order of income 20 withholding if the custodial parent moves out of the state with- 21 out court authorization. 22 (6) Theoffice of the friend of thecourt FAMILY SERVICES 23 OFFICE shall promptly refund money that has been improperly 24 withheld. 25 Sec. 24.IfFOR A COURT FAMILY SERVICES CASE, IF a sup- 26 port arrearage has accrued,the office of the friend ofthe 27 court FAMILY SERVICES OFFICE may request the office of child 04605'01 p * 27 1 support to initiate offset proceedings against the delinquent 2 payer's state tax refunds and federal income tax refunds as pro- 3 vided in section 3a of the office of child support act,Act4No. 174 of the Public Acts of 1971, being section 400.233a of the5Michigan Compiled Laws1971 PA 174, MCL 400.233A. 6 Sec. 24a.IfFOR A COURT FAMILY SERVICES CASE, IF a sup- 7 port arrearage has accrued and there is reason to believe the 8 payer transferred title or ownership of real or personal property 9 without fair consideration,the office of the friend ofthe 10 court FAMILY SERVICES OFFICE shall initiate proceedings to have 11 the transfer set aside as provided in the uniform fraudulent 12conveyance act, 1919 PA 310, MCL 566.11 to 566.23TRANSFER ACT, 13 1998 PA 434, MCL 566.31 TO 566.43, or obtain a settlement in the 14 form of full payment of the arrearage or in periodic repayments 15 as is possible in the best interest of the recipient of support. 16 Sec. 25. In addition to providing remedies or imposing pen- 17 alties otherwise available under this act or other law for the 18 enforcement of support orders, the court, upon petition bythe19office of the friend ofthe court FAMILY SERVICES OFFICE or 20 recipient of support and after notice to the payer and an oppor- 21 tunity for a hearing, may require a payer to provide sufficient 22 bond, security, or other guarantee to secure the payment of sup- 23 port that is past due, or due in the future, or both. Upon 24 default in the payment of an amount secured by the bond, the 25 court, after notice to the payer and sureties, if any, and an 26 opportunity for a hearing, may render judgment against the payer 27 and sureties for the amount of unpaid support. Upon default in 04605'01 p * 28 1 the payment of the amount awarded in the judgment, the court may 2 order execution of the judgment; appoint a receiver of the real 3 and personal property of the payer and order the property and its 4 income to be applied to the amount of the judgment; or take any 5 other appropriate action to enforce the judgment. 6 Sec. 25b. (1) Theoffice of the friend of thecourt 7 FAMILY SERVICES OFFICE may perfect a lien created under 8 section 25a upon the real or personal property of the payer when 9 an arrearage has accrued in an amount that exceeds the amount of 10 periodic support payments payable for 1 year under the payer's 11 support order. 12 (2) Before a lien is perfected in a case in which a support 13 order was issued beforethe effective date of this section, the14office of the friend of the courtAUGUST 10, 1998, THE COURT 15 FAMILY SERVICES OFFICE shall send a notice to the payer subject 16 to the support order informing the payer of the imposition of 17 liens by operation of law and that the payer's real and personal 18 property can be encumbered or seized if an arrearage accrues in 19 an amount that exceeds the amount of periodic support payments 20 payable for 1 year under the payer's support order. 21 (3) If the arrearage under subsection (2) is reached and 22the office of the friend ofthe court FAMILY SERVICES OFFICE 23 has determined that the delinquent payer holds real or personal 24 property,the office of the friend ofthe court FAMILY SERVICES 25 OFFICE may perfect the lien. 04605'01 p * 29 1 (4) Theoffice of the friend of thecourt FAMILY SERVICES 2 OFFICE shall provide a copy of the notice under subsection (2) to 3 each of the following: 4 (a) A financial institution doing business in this state if 5 the payer has 1 or more accounts at that financial institution. 6 (b) The appropriate agency of another state if the payer 7 holds assets in that other state. 8 (5) Theoffice of the friend of thecourt FAMILY SERVICES 9 OFFICE may provide notice of the lien and subsequent notices by 10 paper or automated means. 11 (6) To perfect a lien created by section 25a,the office of12the friend ofthe court FAMILY SERVICES OFFICE must record the 13 lien with the register of deeds in the county where the real 14 property is located, or for personal property, in the appropriate 15 state or county office. A lien recorded as provided in this sub- 16 section takes effect on the date and at the time of that 17 recording. 18 (7) Theoffice of the friend of thecourt FAMILY SERVICES 19 OFFICE shall notify the payer whenthe office of the friend of20 the court FAMILY SERVICES OFFICE has perfected a lien against 21 real or personal property of the payer. The notice shall be sent 22 by ordinary mail to the payer's last known address. A copy of 23 the notice shall be sent by ordinary mail to the recipient of 24 support. The notice shall include all of the following: 25 (a) The amount of the arrearage. 26 (b) That a lien is in effect on the real or personal 27 property of the payer. 04605'01 p * 30 1 (c) That the property is subject to seizure unless the payer 2 responds by paying the arrearage or requesting a review within 3 21 days after the date of mailing the notice. 4 (d) That, at the review, the payer may object to the lien 5 and proposed action based on a mistake of fact concerning the 6 overdue support amount or the payer's identity. 7 (e) That, if the payer believes that the amount of support 8 ordered should be modified because of a change in circumstances, 9 the payer may file a petition with the court for modification of 10 the support order. 11 (8) Within 21 days after the date on which the notice 12 described in subsection (7) is mailed to a payer, the payer may 13 request a review on the lien and the proposed action. If the 14 payer requests a review under this subsection,the office of the15friend ofthe court FAMILY SERVICES OFFICE shall schedule the 16 review within 14 days after the date of the request. 17 (9) If, at the review, the payer establishes that the lien 18 is not proper because of a mistake of fact,the office of the19friend ofthe court FAMILY SERVICES OFFICE shall terminate the 20 lien and, within 7 days, notify the applicable entity that the 21 lien is terminated. 22 (10) If the payer fails to request a review, to appear for a 23 review, or to establish a mistake of fact,the office of the24friend ofthe court FAMILY SERVICES OFFICE may collect the 25 arrearage by levy upon any property belonging to the payer as 26 provided in this section. Theoffice of the friend of the04605'01 p * 31 1 court FAMILY SERVICES OFFICE shall notify the payer at the review 2 or by written notice of its intent to levy. 3 (11) To enforce a lien under this section by levying against 4 an account at a financial institution,the office of the friend5ofthe court FAMILY SERVICES OFFICE shall provide notice in the 6 manner provided by law for levying against an account at a finan- 7 cial institution. 8 (12) To enforce a lien on real property or personal property 9 other than an account at a financial institution, the office may 10 order the sale of real property in the manner provided by law for 11 the foreclosure of mortgage liens; order execution of the judg- 12 ment; appoint a receiver of the real and personal property 13 subject to the lien and order the property and its income to be 14 applied to the amount of the judgment; or take any other appro- 15 priate action to enforce the judgment. The office shall mail a 16 copy of orders under this subsection to the payer and recipient 17 of support at his or her last known address. 18 (13) A lien created under section 25a is subordinate to any 19 prior perfected lien. 20 (14) A payer may request thatthe office of the friend of21 the court FAMILY SERVICES OFFICE terminate a lien against the 22 real and personal property of the payer on the basis that the 23 payer is no longer in arrears. If the payer is no longer in 24 arrears,the office of the friend ofthe court FAMILY SERVICES 25 OFFICE shall terminate the lienpursuant toAS PROVIDED BY 26 law. 04605'01 p * 32 1 (15) An entity is not liable under any federal or state law 2 to any person for any disclosure of information to the office or 3 the designee of the office under this section or for any other 4 action taken in good faith to comply with the requirements of 5 this section. 6 Sec. 26. (1)WithinFOR A COURT FAMILY SERVICES CASE, 7 WITHIN 2 business days after a new hire report is entered into 8 the state directory of new hires, as created under section 453A 9 of part D of title IV of the social security act, 42 U.S.C. 653a, 10 or a payer's or parent's employer is otherwise identified, the 11 office shall, when appropriate, provide the new employer with a 12 notice of income withholding or a notice of the order for depen- 13 dent health care coverage, or both, on behalf of a payer who is 14 subject to income withholding or a parent or payer who is 15 required to provide dependent health care coverage. 16 (2) If an order for dependent health care coverage was 17 entered beforethe effective date of the amendatory act that18added this subsectionSEPTEMBER 30, 2001, the office shall, at 19 the time notice of the order is sent to the employer under 20 subsection (1), provide the payer or parent with instructions on 21 how to request a review or hearing to contest the availability of 22 dependent health care coverage at a reasonable cost. 23 (3) Notwithstanding subsection (2), if a parent fails to 24 obtain or maintain health care coverage for the parent's child as 25 ordered by the court,the office of the friend ofthe court 26 FAMILY SERVICES OFFICE shall, as applicable, do either of the 27 following: 04605'01 p * 33 1 (a) Petition the court for an order to show cause why the 2 parent should not be held in contempt for failure to obtain or 3 maintain dependent health care coverage that is available at a 4 reasonable cost. 5 (b) Send notice of noncompliance to the parent. The notice 6 shall contain all of the following information: 7 (i) That the office will notify the parent's employer to 8 deduct premiums for, and to notify the insurer or plan adminis- 9 trator to enroll the child in, dependent health care coverage 10 unless the parent does either of the following within 14 days 11 after mailing of the notice: 12 (A) Submits written proof tothe friend ofthe court 13 FAMILY SERVICES OFFICE of the child's enrollment in a health care 14 coverage plan. 15 (B) Requests a hearing to determine the availability or rea- 16 sonable cost of the health care coverage. 17 (ii) That the order for dependent health care coverage will 18 be applied to current and subsequent employers and periods of 19 employment. 20 Sec. 26a. (1) If a parent is eligible for health care cov- 21 erage through an employer doing business in the state, within 20 22 business days after the date of an order or notice of an order 23 for dependent health care coverage, the employer shall notify its 24 insurer or plan administrator and take other action as required 25 to enroll that parent's child in its health care coverage plan or 26 plans, without regard to any enrollment period restrictions, when 27 all of the following exist: 04605'01 p * 34 1 (a) The parent is required by a court or administrative 2 order to provide health care coverage for the parent's child. 3 (b) The child is eligible for coverage under the plan. A 4 child cannot be denied enrollment or coverage on the grounds that 5 the child was born out of wedlock, is not claimed as a dependent 6 on the parent's federal income tax return, does not reside with 7 the parent or in the insurer's service area, or is eligible for 8 or receiving medical assistance. 9 (c) The employee applies for coverage for the child or, if 10 the employee fails to apply,the friend ofthe court FAMILY 11 SERVICES OFFICE or child's other parent throughthe friend of12 the court FAMILY SERVICES OFFICE applies for coverage for the 13 child. Application bythe friend ofthe court FAMILY SERVICES 14 OFFICE shall be in the form of the order for dependent health 15 care coverage or a notice of the order for dependent health care 16 coverage. 17 (2) If coverage is available through the parent's employer, 18 the employer shall withhold from the employee's income the 19 employee's share, if any, of premiums for dependent health care 20 coverage not to exceed the amount allowed under section 8 and pay 21 that amount to the insurer or plan administrator. 22 (3) An employer shall not disenroll or eliminate health care 23 coverage of a child eligible for coverage and enrolled under sub- 24 section (1) unless the employer is provided with satisfactory 25 written evidence that 1 of the following applies: 26 (a) The court or administrative order requiring health care 27 coverage is no longer in effect. 04605'01 p * 35 1 (b) The child is or will be enrolled in comparable health 2 care coverage that takes effect not later than the effective date 3 of the disenrollment from the existing plan. 4 (c) The employer has eliminated dependent health care cover- 5 age for all of its employees or members. 6 Sec. 26c. If the court modifies an order for health care 7 coverage that may affect the provision of dependent health care 8 coverage,the office of the friend ofthe court FAMILY SERVICES 9 OFFICE shall send a notice of the modification to the employer, 10 insurer, or plan administrator. 11 Sec. 26d. Theoffice of the friend of thecourt FAMILY 12 SERVICES OFFICE shall notify the state department of social serv- 13 ices if the office identifies health care coverage that has been 14 obtained or is being maintained by a parent for a child who is a 15 recipient of public assistance or medical assistance. The notice 16 shall include available information on the name and address of 17 the insurance company, health care organization, or health main- 18 tenance organization; the policy, certificate, or contract 19 number; the effective date of the coverage; the name and birth 20 date of the individual for whose benefit the coverage is main- 21 tained; and the name and social security number of the 22 policyholder. 23 Sec. 28. (1)The office of the friend of the courtFOR A 24 COURT FAMILY SERVICES CASE, A COURT FAMILY SERVICES OFFICE may 25 petition the court for an order to suspend a payer's occupational 26 license, driver's license, or recreational or sporting license, 04605'01 p * 36 1 or any combination of the licenses, if all of the following 2 circumstances are true: 3 (a) An arrearage has accrued in an amount greater than the 4 amount of periodic support payments payable for 6 months under 5 the payer's support order. 6 (b) The payer holds an occupational license, driver's 7 license, or recreational or sporting license or the payer's occu- 8 pation requires an occupational license. 9 (c) An order of income withholding is not applicable or has 10 been unsuccessful in assuring regular payments on the support 11 obligation and regular payments on the arrearage. 12 (2)An office of the friend of the courtA COURT FAMILY 13 SERVICES OFFICE shall not file a petition as authorized under 14 subsection (1) unless the office sends the payer a notice that 15 includes all of the following information: 16 (a) The amount of the arrearage. 17 (b) That the payer's occupational license, driver's license, 18 or recreational or sporting license, or any combination of the 19 licenses, may be subject to an order of suspension. 20 (c) That the suspension order will be entered and sent to 21 the licensing agency unless the payer responds by paying the 22 arrearage or requesting a hearing within 21 days after the date 23 of mailing the notice. 24 (d) That, at the hearing, the payer may do either of the 25 following: 04605'01 p * 37 1 (i) Object to the proposed suspension based on a mistake of 2 fact concerning the overdue support amount or the payer's 3 identity. 4 (ii) Suggest to the court a schedule for the payment of the 5 arrearage. 6 (e) That, if the payer believes that the amount of support 7 ordered should be modified due to a change in circumstances, the 8 payer may file a petition with the court for modification of the 9 support order. 10 Sec. 30. (1) If the court orders a suspension of an occupa- 11 tional license, driver's license, or recreational or sporting 12 license, or any combination of the licenses, under section 29, 13 33, 35, or 45, the order shall indicate that the licensing agency 14 shall suspend the license within 7 business days after receipt of 15 the suspension order. Theoffice of the friend of thecourt 16 FAMILY SERVICES OFFICE shall send a copy of the suspension order 17 to the licensing agency. If the payer is the subject of a sus- 18 pension order under section 29 and has failed to respond in any 19 manner to the notice given under section 28,the office of the20friend ofthe court FAMILY SERVICES OFFICE shall not send the 21 suspension order to the licensing agency until at least 14 days 22 after the date the office first attempts service of a copy of the 23 order on the payer by personal service or by registered or certi- 24 fied mail, return receipt requested, with delivery restricted to 25 the payer. 26 (2) After entry of a suspension order under section 29, a 27 payer may agree to and the court may order a schedule for the 04605'01 p * 38 1 payment of the arrearage. If the court orders a schedule for 2 payment of the arrearage, the court shall enter an order rescind- 3 ing the suspension order that is effective as provided in section 4 4 of the regulated occupation support enforcement act, 1996 5 PA 236, MCL 338.3434, section 321c of the Michigan vehicle code, 6 1949 PA 300, MCL 257.321c, or section 43559 of the natural 7 resources and environmental protection act, 1994 PA 451, 8 MCL 324.43559. If a suspension order has been sent, within 7 9 business days after entry of the order rescinding the suspension 10 order,the office of the friend ofthe court FAMILY SERVICES 11 OFFICE shall send a copy of the order rescinding the suspension 12 order to the licensing agency. 13 Sec. 31. (1) If a person is ordered to pay support under a 14 support order and fails or refuses to obey and perform the order, 15 and if an order of income withholding is inapplicable or unsuc- 16 cessful, a recipient of support orthe office of the friend of17 the court FAMILY SERVICES OFFICE may commence a civil contempt 18 proceeding by filing in the circuit court a petition for an order 19 to show cause why the delinquent payer should not be held in 20 contempt. If the payer fails to appear in response to an order 21 to show cause, the court may issue a bench warrant requiring that 22 the payer be brought before the court without unnecessary delay 23 to answer and plead to that neglect or refusal. 24 (2) In a bench warrant issued under this section, the court 25 shall require that, upon arrest, unless the payer deposits a bond 26 or cash in the manner required by section 32, the payer shall 27 remain in custody until the time of the hearing. Except as 04605'01 p * 39 1 otherwise provided in this section, the bond or cash amount shall 2 be set at not less than $500.00 or 25% of the arrearage, which- 3 ever is greater. At its own discretion, the court may add to the 4 amount of the required deposit the amount of the costs the court 5 may require under subsection (3). 6 (3) If the court issues a bench warrant under this section, 7 except for good cause shown on the record, the court shall order 8 the payer to pay the costs related to the hearing, issuance of 9 the warrant, arrest, and further hearings. Those costs and costs 10 ordered for failure to appear under sections 32 and 44 shall be 11 transmitted to the county treasurer for distribution as required 12 in section 2530 of the revised judicature act of 1961, 1961 13 PA 236, MCL 600.2530. 14 Sec. 32. (1) If a payer arrested under a bench warrant 15 issued under section 31 cannot be brought before the court within 16 24 hours, the payer may recognize for his or her appearance by 17 leaving with the sheriff or deputy sheriff in charge of the 18 county jail a bond or cash in the amount stated on the bench 19 warrant. 20 (2) The officer receiving a bond or cash under subsection 21 (1) shall give to the arrested payer a receipt for the bond or 22 cash on a form as follows: 23 Date_________________________ 24 Received from ____________________ a bond or cash in the amount 25 of __________ dollars to assure the appearance of 26 ____________________ before _______________ circuit court judge 27 in the county of _______________, at _______________ on the _____ 04605'01 p * 40 1 day of _______________,1920__, to respond to an order to show 2 cause why he or she should not be held in contempt for failure or 3 refusal to obey or perform a support order. If the payer fails 4 to appear at the time and place indicated above, fails to submit 5 to the jurisdiction of the court, and fails to abide by an order 6 of the court, the bond or cash deposited shall be transmitted to 7the friend ofthe court FAMILY SERVICES OFFICE or to the state 8 disbursement unit for payment of the arrearage to the recipient 9 of support and of costs to the court. By depositing the bond or 10 cash with the officer and accepting this receipt, the recipient 11 of this receipt waives a claim to the money under the bond or to 12 the cash following its transmittal tothe friend ofthe court 13 FAMILY SERVICES OFFICE or to the SDU. 14 ________________________________ 15 Officer:______________Dept.:_____ 16 (3) The officer receiving the bond or cash shall in turn 17 deposit the bond or cash received under this section with the 18 clerk of the court that issued the bench warrant. 19 (4) On the basis of the hearing on the order to show cause, 20 the court by order shall determine how much of the bond or cash 21 deposited under this section is to be transmitted tothe friend22ofthe court FAMILY SERVICES OFFICE or to the SDU for payment to 23 1 or more recipients of support and shall return the balance, if 24 any, to the payer. 25 (5) If the payer fails to appear as required, the court 26 shall transmit the bond or cash tothe friend ofthe court 27 FAMILY SERVICES OFFICE or to the SDU for payment to 1 or more 04605'01 p * 41 1 recipients of support and to the county treasurer for 2 distribution as provided in section 31. In addition, the court 3 may again issue a bench warrant for the further appearance of the 4 payer. 5 (6) If the payer does not post the bond or cash under this 6 section and remains in custody, the court shall hold the show 7 cause hearing within 48 hours after the arrest. 8 Sec. 33. (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 the payer has the capacity to pay out of currently 11 available resources all or some portion of the amount due under 12 the support order. In the absence of proofs to the contrary 13 introduced by the payer, the court shall presume that the payer 14 has currently available resources equal to 4 weeks of payments 15 under the support order. The court shall not find that the payer 16 has currently available resources of more than 4 weeks of pay- 17 ments without proof of those resources bythe office of the18friend ofthe court FAMILY SERVICES OFFICE or the recipient of 19 support. Upon finding a payer in contempt of court under this 20 section, the court may immediately enter an order doing 1 of the 21 following: 22 (a) Committing the payer to the county jail. 23 (b) Committing the payer to the county jail with the privi- 24 lege of leaving the jail during the hours the court determines, 25 and under the supervision the court considers, necessary for the 26 purpose of allowing the payer to go to and return from his or her 27 place of employment. 04605'01 p * 42 1 (c) Committing the payer to a penal or correctional facility 2 in this state that is not operated by the state department of 3 corrections. 4 (d) If the payer holds an occupational license, driver's 5 license, or recreational or sporting license, conditioning a sus- 6 pension of the payer's license, or any combination of the 7 licenses, upon noncompliance with an order for payment of the 8 arrearage in 1 or more scheduled installments of a sum certain. 9 A court shall not order the sanction authorized by this subdivi- 10 sion unless the court finds that the payer has accrued an arrear- 11 age of support payments in an amount greater than the amount of 12 periodic support payments payable for 6 months under the payer's 13 support order. 14 (e) Ordering the payer to participate in a work activity. 15 The court shall not enter an order using this subdivision unless 16 the payer's arrearage is under a child support order and a child 17 who is the subject of that order is receiving financial assist- 18 ance under title IV of the social security act, chapter 531, 49 19 Stat. 620, 42 U.S.C. 601 to 603, 604 to 608, 609 to 619, 620 to 20 629e, 651 to 660, 663 to 669b, 670 to 673, 673b, 674 to 679, AND 21 679b., and 681 to 687.This subdivision does not alter the 22 court's authority to include provisions in an order issued under 23 this section concerning a payer's employment or his or her seek- 24 ing of employment as that authority exists on the effective date 25 of the amendatory act that added this subdivision. 26 (2) If the court enters an order under subsection (1)(d) and 27 the payer fails to comply with the arrearage payment schedule, 04605'01 p * 43 1 after notice and opportunity for a hearing, the court shall order 2 suspension of the payer's license or licenses with respect to 3 which the order under subsection (1)(d) was entered and shall 4 proceed under section 30. 5 Sec. 37. (1) An order of commitment under section 33 or 35 6 shall be entered only if other remedies appear unlikely to cor- 7 rect the payer's failure or refusal to pay support. 8 (2) An order of commitment under section 33 shall separately 9 state both of the following: 10 (a) The amount of the arrearage under the support order. 11 (b) The amount to be paid by the payer in order to be 12 released from the order of commitment, which amount may not be 13 greater than the payer's currently available resources as found 14 by the court. 15 (3) An order of commitment under section 35 shall separately 16 state both of the following: 17 (a) The amount of arrearage under the support order. 18 (b) The amount to be paid in order to be released from the 19 order of commitment. 20 (4) A commitment shall continue until the amount ordered to 21 be paid under subsection (2)(b) or (3)(b) is paid but shall not 22 exceed 45 days for the first adjudication of contempt or 90 days 23 for a subsequent adjudication of contempt. 24 (5) The court may further direct that a portion or all of 25 the earnings of the payer in the facility or institution shall be 26 paid to and applied for support until the payer complies with the 27 order of the court, until the payer is releasedpursuant toAS 04605'01 p * 44 1 PROVIDED IN this section from an order of commitment, or until 2 the further order of the court. If it appears that the depart- 3 ment has contributed towards the support of the minor child or 4 children during the period of noncompliance with the order of the 5 court, the court, in the contempt proceedings, may order all or 6 part of a lump sum payment tothe office of the friend ofthe 7 court FAMILY SERVICES OFFICE, state disbursement unit, or county 8 clerk to be paid to the department not to exceed the amount of 9 the contribution made by the department. The court may order the 10 money paid to the person or persons entitled to the money in 11 weekly or monthly installments bythe office of the friend of12 the court FAMILY SERVICES OFFICE, SDU, or county clerk to the 13 extent that the court considers installments necessary for 14 support. 15 Sec. 41. (1) Except as provided in subsection (2),the16friend of the courtFOR A COURT FAMILY SERVICES CASE, A COURT 17 FAMILY SERVICES OFFICE shall do 1 or more of the following in a 18 dispute concerning parenting time of a minor child: 19 (a) Apply a makeup parenting time policy established under 20 section 42. 21 (b) Commence civil contempt proceedings under section 44. 22 (c) Petition the court for a modification of existing par- 23 enting time provisions to ensure parenting time, unless contrary 24 to the best interests of the child. A written report and recom- 25 mendation shall accompany the petition. 26 (2) The friend of the court shall not invoke 1 or more of 27 the options under subsection (1) if the parties resolve their 04605'01 p * 45 1 dispute through an informal joint meeting or through domestic 2 relations mediation as provided under section 11 or 13 of the 3friend of the court act, Act No. 294 of the Public Acts of 1982,4being sections 552.511 and 552.513 of the Michigan Compiled Laws5 COURT FAMILY SERVICES OFFICE ACT, MCL 552.511 AND 552.513. 6 Sec. 42. (1)Not later than 180 days after the enactment7date of this amendatory act, eachEACH circuit shall formulate a 8 makeup parenting time policy under which a noncustodial parent 9 who has been wrongfully denied parenting time is able to make up 10 the parenting time at a later date. The policy does not apply 11 until it is approved by the chief circuit judge or only circuit 12 judge of the circuit. 13 (2) Before a makeup parenting time policy is applied in a 14 particular case,the office of the friend ofthe court FAMILY 15 SERVICES OFFICE shall send to both parties a notice, by ordinary 16 mail to the person's last known address, that the policy will be 17 applied in their case. 18 (3) A makeup parenting time policy formulated and approved 19 under this section shall include all of the following: 20 (a) Makeup parenting time shall be the same type and dura- 21 tion of parenting time as the parenting time that was denied, 22 including but not limited to weekend parenting time for weekend 23 parenting time, holiday parenting time for holiday parenting 24 time, weekday parenting time for weekday parenting time, and 25 summer parenting time for summer parenting time. 26 (b) Makeup parenting time shall be taken within 1 year after 27 the wrongfully denied parenting time was to have occurred. 04605'01 p * 46 1 (c) The time of the makeup parenting time shall be chosen by 2 the noncustodial parent. 3 (4) Beginning upon approval of a makeup parenting time 4 policy formulatedpursuant toUNDER subsection (1),the office5of the friend ofthe court FAMILY SERVICES OFFICE shall keep an 6 accurate record of alleged parenting time arrears and the noncus- 7 todial parent shall give to the office written notice of an 8 alleged, wrongfully denied parenting time within 7 days of 9 alleged denial. 10 (5) Beginning upon approval of a makeup parenting time 11 policy formulated under subsection (1), if a wrongfully denied 12 parenting time is alleged andthe friend ofthe court FAMILY 13 SERVICES OFFICE determines that action should be taken under sec- 14 tion 41(1)(a), the following shall apply: 15 (a) Theoffice of the friend of thecourt FAMILY SERVICES 16 OFFICE shall give to the custodial parent within 5 days after 17 receipt of the notice of denied parenting time under subsection 18 (4) a notice, which shall contain the following statement in 19 boldface type of not less than 12 points: 20 "FAILURE TO RESPOND IN 7 DAYS TOTHE OFFICE OF THE FRIEND21OFTHE COURT FAMILY SERVICES OFFICE SHALL BE CONSIDERED AS 22 AN AGREEMENT THAT PARENTING TIME WAS WRONGFULLY DENIED AND 23 THAT OFFICE WILL ADJUST THE ACCOUNT OF PARENTING TIME 24 ARREARS ACCORDINGLY." 25 (b) If the custodial parent makes a timely reply contesting 26 the alleged wrongful denial of parenting time, a hearing shall be 04605'01 p * 47 1 held by a referee or a circuit judge after notice is given to 2 both parties. 3 (c) The referee or judge shall determine whether parenting 4 time was wrongfully denied. 5 (d) If the hearing provided under subdivision (b) is held 6 before a referee, either party is entitled to a de novo hearing 7 before a circuit court judge as provided in section7(5) of Act8No. 294 of the Public Acts of 1982, being section 552.507 of the9Michigan Compiled Laws7 OF THE COURT FAMILY SERVICES OFFICE 10 ACT, MCL 552.507. 11 (e) After a final determination that parenting time was 12 wrongfully denied,the office of the friend ofthe court FAMILY 13 SERVICES OFFICE shall adjust the parenting time arrears account 14 accordingly. 15 (f) The noncustodial parent shall give tothe office of the16friend ofthe court FAMILY SERVICES OFFICE and custodial parent 17 a written notice of makeup parenting time at least 1 week before 18 a makeup weekday or weekend parenting time or at least 30 days 19 before a makeup holiday or makeup summer parenting time. 20 Sec. 44. (1) Ifthe office of the friend ofthe court 21 FAMILY SERVICES OFFICE determines that application of a makeup 22 parenting time policy under section 41(1)(a) is unsuccessful in 23 resolving a parenting time dispute or that action should other- 24 wise be taken under section 41(1)(b),the office of the friend25ofthe court FAMILY SERVICES OFFICE shall commence a civil con- 26 tempt proceeding to resolve a dispute concerning parenting time 27 with a minor child by filing with the circuit court a petition 04605'01 p * 48 1 for an order to show cause why either parent who has violated a 2 parenting time order should not be held in contempt. Theoffice3of the friend of thecourt FAMILY SERVICES OFFICE shall notify 4 the parent who is the subject of the petition. The notice shall 5 include at least all of the following: 6 (a) A list of each possible sanction if the parent is found 7 in contempt. 8 (b) The right of the parent to a hearing on a proposed modi- 9 fication of parenting time if requested within 14 days after the 10 date of the notice, as provided in section 45. 11 (2) If the court finds that either parent has violated a 12 parenting time order, the court shall find that parent in con- 13 tempt and may do 1 or more of the following: 14 (a) Require additional terms and conditions consistent with 15 the court's parenting time order. 16 (b) After notice to both parties and a hearing, if requested 17 by a party, on a proposed modification of parenting time, modify 18 the parenting time order to meet the CHILD'S best interests.of19the child.20 (c) Order that makeup parenting time be provided for the 21 noncustodial parent to take the place of wrongfully denied par- 22 enting time. 23 (d) Order the parent to pay a fine of not more than 24 $100.00. 25 (e) Commit the parent to the county jail. 26 (f) Commit the parent to the county jail with the privilege 27 of leaving the jail during the hours the court determines 04605'01 p * 49 1 necessary, and under the supervision the court considers 2 necessary, for the purpose of allowing the parent to go to and 3 return from his or her place of employment. 4 (g) If the parent holds an occupational license, driver's 5 license, or recreational or sporting license, condition the sus- 6 pension of the license, or any combination of the licenses, upon 7 noncompliance with an order for makeup and ongoing parenting 8 time. 9 (h) State on the record the reason the court is not ordering 10 a sanction listed in subdivisions (a) to (g). 11 (3) A commitment under subsection (2)(e) or (f) shall not 12 exceed 45 days for the first finding of contempt or 90 days for 13 each subsequent finding of contempt. A parent committed under 14 subsection (2)(e) or (f) shall be released if the court has rea- 15 sonable cause to believe that the parent will comply with the 16 parenting time order. 17 (4) If a parent fails to appear in response to an order to 18 show cause, the court may issue a bench warrant requiring that 19 the parent be brought before the court without unnecessary delay 20 to show cause why the parent should not be held in contempt. 21 Except for good cause shown on the record, the court shall fur- 22 ther order the parent to pay the costs of the hearing, the issu- 23 ance of the warrant, the arrest, and further hearings, which 24 costs shall be transmitted to the county treasurer for distribu- 25 tion as provided in section 31. 26 Sec. 45. (1) If the court enters an order under section 27 44(2)(g) and the parent fails to comply with the makeup and 04605'01 p * 50 1 ongoing parenting time schedule, the court shall find the parent 2 in contempt and, after notice and an opportunity for a hearing, 3 may order suspension of the parent's license or licenses with 4 respect to which the order under section 44(2)(g) was entered and 5 proceed under section 30. 6 (2) After entry of a suspension order under subsection (1), 7 a parent may agree to a makeup parenting time schedule. The 8 court may order a makeup parenting time schedule if the parent 9 demonstrates a good faith effort to comply with the parenting 10 time order. If the court orders a makeup parenting time sched- 11 ule, the court shall enter an order rescinding the suspension 12 order that is effective as provided in section 4 of the regulated 13 occupation support enforcement act, 1996 PA 236, MCL 338.3434, 14 section 321c of the Michigan vehicle code, 1949 PA 300, 15 MCL 257.321c, or section 43559 of the natural resources and envi- 16 ronmental protection act, 1994 PA 451, MCL 324.43559. Within 7 17 business days after entry of the order rescinding the suspension 18 order,the office of the friend ofthe court FAMILY SERVICES 19 OFFICE shall send a copy of the order rescinding the suspension 20 order to the licensing agency. 21 (3) Within 14 days after the date of the notice under sec- 22 tion 44, a parent who is notified of a petition to show cause 23 under section 44 may request a hearing on a proposed modification 24 of parenting time. The court shall hold the requested hearing 25 unless the parenting time dispute is resolved by other means. 26 The court shall combine the hearing prescribed by this subsection 27 with the hearing on the order to show cause unless the court 04605'01 p * 51 1 finds for good cause shown on the record that the hearings should 2 be held separately. If the court finds that the hearings should 3 be held separately, the hearing on a proposed modification of 4 parenting time shall be held before the hearing on the order to 5 show cause. 6 Sec. 48. The department, the SDU, and eachoffice of the7friend of thecourt FAMILY SERVICES OFFICE shall cooperate in 8 the transition to the centralized receipt and disbursement of 9 support and fees.An office of the friend of the courtA COURT 10 FAMILY SERVICES OFFICE shall continue to receive and disburse 11 support and fees through the transition, based on the schedule 12 developed as required by section67 of the office of child 13 support act, 1971 PA 174, MCL400.236400.237, and modifica- 14 tions to that schedule as the department considers necessary. 15 Enacting section 1. This amendatory act does not take 16 effect unless Senate Bill No. _____ or House Bill No. 6011 17 (request no. 04605'01 *) of the 91st Legislature is enacted into 18 law. 04605'01 p * Final page. GWH