HOUSE BILL No. 6020 May 7, 2002, Introduced by Reps. Voorhees, Tabor, Hummel, DeRossett, Howell, Newell, Vander Veen, Patterson, Raczkowski, Caul, Palmer, Julian, George, Bisbee and Vear and referred to the Committee on Family and Children Services. A bill to amend 1966 PA 138, entitled "The family support act," by amending the title and sections 2, 3, 4, 7, and 8a (MCL 552.452, 552.453, 552.454, 552.457, and 552.458a), the title as amended by 1990 PA 237, section 2 as amended by 2001 PA 111, section 3 as amended by 1985 PA 212, and sections 4 and 7 as amended and section 8a as added by 1999 PA 158. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 TITLE 2 An act to confer jurisdiction upon the circuit courts to 3 order and enforce the payment of money for the support, in cer- 4 tain cases, of parents having physical custody of minor children 5 or children who have reached the age of majority and of minor 6 children or children who have reached the age of majority by 7 noncustodial parents AND TO ENTER ORDERS GOVERNING CUSTODY AND 04605'01 n * GWH 2 1 PARENTING TIME FOR THOSE CHILDREN; to provide for the termination 2 of the effectiveness of the SUPPORT orders; and to provide for 3 the payment of fees and assessment of costs in those cases. 4 Sec. 2. (1) Upon the hearing of the complaint, in the 5 manner of a motion, the court may enter an order as it determines 6 proper for the support of the petitioner and the minor child or 7 children of the parties as prescribed in section 5 of the support 8 and parenting time enforcement act, 1982 PA 295, MCL 552.605. 9 The order shall provide that payment shall be made to thefriend10of thecourt FAMILY SERVICES OFFICE or the state disbursement 11 unit. If the parent complained of opposes the entry of the order 12 upon the ground that he or she is without sufficient financial 13 ability to provide necessary shelter, food, care, clothing, and 14 other support for his or her spouse and child or children, the 15 burden of proving this lack of ability is on the parent against 16 whom the complaint is made. The order shall state in separate 17 paragraphs the amount of support for the petitioner until the 18 further order of the court, and the amount of support for each 19 child until each child reaches 18 years of age or until the fur- 20 ther order of the court. Subject to section 5b of the support 21 and parenting time enforcement act, 1982 PA 295, MCL 552.605b, 22 the court may also order support for the child after the child 23 reaches 18 years of age, or until the further order of the 24 court. 25 (2) A support order entered under this section is enforce- 26 able as provided in the support and parenting time enforcement 27 act, 1982 PA 295, MCL 552.601 to 552.650. If this act contains a 04605'01 n * 3 1 specific provision regarding the contents or enforcement of a 2 child support order that conflicts with a provision in the sup- 3 port and parenting time enforcement act, 1982 PA 295, MCL 552.601 4 to 552.650, this act controls in regard to that provision. 5 (3) IF THERE IS NO DISPUTE REGARDING A CHILD'S CUSTODY, THE 6 COURT SHALL INCLUDE IN AN ORDER FOR SUPPORT ISSUED UNDER THIS ACT 7 SPECIFIC PROVISIONS GOVERNING CUSTODY OF AND PARENTING TIME FOR 8 THE CHILD IN ACCORDANCE WITH THE CHILD CUSTODY ACT OF 1970, 1970 9 PA 91, MCL 722.21 TO 722.31. IF THERE IS A DISPUTE REGARDING 10 CUSTODY OF AND PARENTING TIME FOR THE CHILD, THE COURT SHALL 11 INCLUDE IN AN ORDER FOR SUPPORT ISSUED UNDER THIS ACT SPECIFIC 12 TEMPORARY PROVISIONS GOVERNING CUSTODY OF AND PARENTING TIME FOR 13 THE CHILD. PENDING A HEARING ON OR OTHER RESOLUTION OF THE DIS- 14 PUTE, THE COURT MAY REFER THE MATTER TO THE COURT FAMILY SERVICES 15 OFFICE FOR A WRITTEN REPORT AND RECOMMENDATION AS PROVIDED IN 16 SECTION 5 OF THE COURT FAMILY SERVICES OFFICE ACT, 1982 PA 294, 17 MCL 552.505. IN A DISPUTE REGARDING CUSTODY OF AND PARENTING 18 TIME FOR A CHILD, THE PROSECUTING ATTORNEY IS NOT REQUIRED TO 19 REPRESENT EITHER PARTY REGARDING THE DISPUTE. 20 Sec. 3. Upon the entry of any order for support under this 21 act, a copy of the order shall be transmitted to thefriend of22thecourt FAMILY SERVICES OFFICE of the county in which the 23 order was entered. 24 Sec. 4. (1) If the county family independence agency where 25 the custodial parent or guardian of the minor child or children 26 or the child or children who have reached 18 years of age resides 27 determines the custodial parent, the minor child or children, the 04605'01 n * 4 1 child or children who have reached 18 years of age, or any of 2 them to be eligible for public or medical assistance, or if a 3 complaint is being filed under section 1b, the prosecuting attor- 4 ney shall act as the attorney for the petitioner. 5 (2) The prosecuting attorney shall utilize the child support 6 formula developed under section 19 of thefriend of thecourt 7 FAMILY SERVICES OFFICE act, 1982 PA 294, MCL 552.519, as a guide- 8 line in petitioning for child support. Upon certification by the 9 family independence agency that the custodial parent and minor 10 child or children or child or children who have reached 18 years 11 of age are receiving public assistance, a payment received by the 12friend of thecourt FAMILY SERVICES OFFICE or the state dis- 13 bursement unit for the support of the custodial parent and minor 14 child or children or child or children who have reached 18 years 15 of age shall be transmitted to the family independence agency. 16 Sec. 7. (1) To reimburse the county for the cost of enforc- 17 ing support or parenting time orders under this act, the court 18 shall order the payment of a service fee of $2.00 per month, pay- 19 able semiannually on each January 2 and July 2, to thefriend of20thecourt FAMILY SERVICES OFFICE or state disbursement unit. 21 The service fee shall be paid by the person ordered to pay the 22 support money. The service fee shall be computed from the begin- 23 ning date of the support order and shall continue while the sup- 24 port order is operative. The service fee shall be paid 6 months 25 in advance on each due date, except for the first payment which 26 shall be paid at the same time the support order is filed, and 27 covers the period of time from that month until the next calendar 04605'01 n * 5 1 due date. Thefriend of thecourt FAMILY SERVICES OFFICE may 2 deduct the service fee from support money paid after the due date 3 of the service fee. An order that provides for the payment of 4 support that requires collection by thefriend of thecourt 5 FAMILY SERVICES OFFICE under this act or by the SDU shall provide 6 for the payment of the service fee. Upon its own motion, a court 7 may amend such an order or judgment to provide for the payment of 8 the service fee, in the amount provided by this subsection, upon 9 notice to the person ordered to pay the support money. The serv- 10 ice fees shall be turned over to the county treasurer and cred- 11 ited to the general fund of the county. 12 (2) The court may hold in contempt a person who fails or 13 refuses to pay a service fee ordered under subsection (1). 14 Sec. 8a. The department, the SDU, and each office of the 15friend of thecourt FAMILY SERVICES OFFICE shall cooperate in 16 the transition to the centralized receipt and disbursement of 17 support and fees.An office of the friend of the courtA COURT 18 FAMILY SERVICES OFFICE shall continue to receive and disburse 19 support and fees through the transition, based on the schedule 20 developed as required by section67 of the office of child 21 support act, 1971 PA 174, MCL400.236400.237, and modifica- 22 tions to that schedule as the department considers necessary. 23 Enacting section 1. This amendatory act does not take 24 effect unless Senate Bill No. _______ or House Bill No. 6011 25 (request no. 04605'01*) of the 91st Legislature is enacted into 26 law. 04605'01 n * Final page. GWH