House Introduced Bill 6297

HOUSE BILL No. 6297

September 17, 2002, Introduced by Rep. Wojno and referred to the Committee on Family and Children Services.

A bill to amend 1956 PA 205, entitled

"The paternity act,"

by amending sections 4, 7b, 8, 9, 19, and 19a (MCL 722.714,

722.717b, 722.718, 722.719, 722.729, and 722.729a), sections 4

and 9 as amended by 1998 PA 113, section 7b as amended by 1996

PA 308, and sections 8 and 19 as amended and section 19a as added

by 1999 PA 157.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1
Sec. 4. (1) An action under this act shall be brought in

2
the circuit court by the mother, the father, a child who became

3
18 years of age after August 15, 1984 and before June 2, 1986, or

4
the family independence agency as provided in this act. The

5
Michigan court rules for civil actions apply to all proceedings

6
under this act. A complaint shall be filed in the county where

7
the mother or child resides. If both the mother and child reside

07684'02 u GWH 2

1
outside of this state, then the complaint shall be filed in the

2
county where the putative father resides or is found. The fact

3
that the child was conceived or born outside of this state is not

4
a bar to entering a complaint against the putative father.

5
(2) An action to determine paternity shall not be brought

6
under this act if the child's father acknowledges paternity under

7
the acknowledgment of parentage act, or if the child's paternity

8
is established under the law of another state.

9
(3) An action under this act may be commenced during the

10
pregnancy of the child's mother or at any time before the child

11
reaches 18 years of age. For a child who became 18 years of age

12
after August 15, 1984 and before June 2, 1986, an action under

13
this act may be commenced before January 1, 1995. This subsec-

14
tion applies regardless of whether the cause of action accrued

15
before June 1, 1986 and regardless of whether the cause of action

16
was barred under this subsection before June 1, 1986. A summons

17
issued under this section shall be in the form the court deter-

18
mines and shall be served in the same manner as is provided by

19
court rules for the service of process in civil actions.

20
(4) If the county family independence agency of the county

21
in which the mother or alleged father resides first determines

22
that she or he has physical possession of the child and is eligi-

23
ble for public assistance or without means to employ an attorney;

24
if the family independence agency is the complainant; of OR if

25
the mother, alleged father, or child is receiving services under

26
part D of title IV of the social security act, CHAPTER 531, 49

27
STAT. 620, 42 U.S.C. 651 to 667 655, 656 TO 657, 686a TO 660,

07684'02 u 3

1
AND 663 TO 669b, then the prosecuting attorney or an attorney

2
employed by the county under section 1 of 1941 PA 15, MCL 49.71,

3
shall initiate and conduct proceedings under this act. The pros-

4
ecuting attorney shall utilize the child support formula devel-

5
oped under section 19 of the friend of the court CHILD act,

6
1982 PA 294, MCL 552.519, as a guideline in petitioning for child

7
support. A complaint filed under this act shall be verified by

8
oath or affirmation.

9
(5) The party filing the complaint shall name the person

10
believed to be the father of the child and state in the complaint

11
the time and place, as near as possible, when and where the

12
mother became pregnant. If the family independence agency is the

13
plaintiff, the required facts shall be stated upon information

14
and belief.

15
(6) Upon the filing of a complaint, the court shall issue a

16
summons against the named defendant. If the defendant does not

17
file and serve a responsive pleading as required by the court

18
rules, the court may enter a default judgment. Neither party is

19
required to testify before entry of a default judgment in a pro-

20
ceeding under this act.

21
(7) If, after service of process, the parties fail to con-

22
sent to an order naming the man as the child's father as provided

23
in this act within the time permitted for a responsive pleading,

24
then the family independence agency or its designee may file and

25
serve both the mother and the alleged father with a notice

26
requiring that the mother, alleged father, and child appear for

27
genetic paternity testing as provided in section 6.

07684'02 u 4

1
(8) If the mother, alleged father, or child does not appear

2
for genetic paternity testing as provided in subsection (7), then

3
the family independence agency or its designee may apply to the

4
court for an order compelling genetic paternity tests as provided

5
in section 6 or may seek other relief as permitted by statute or

6
court rule.

7
(9) It is unnecessary in any proceedings under this act com-

8
menced by or against a minor to have a next friend or guardian ad

9
litem appointed for the minor unless required by the circuit

10
judge. A minor may prosecute or defend any proceedings in the

11
same manner and with the same effect as if he or she were of

12
legal age.

13
(10) If a child born out of wedlock is being supported in

14
whole or in part by public assistance, including medical assist-

15
ance, the family independence agency may file a complaint on

16
behalf of the child in the circuit court in the county in which

17
the child resides. The mother or alleged father of the child

18
shall be made a party plaintiff and notified of the hearing on

19
the complaint by summons. The complaint made by the family inde-

20
pendence agency shall be verified by the director of the family

21
independence agency, or his or her designated representative, or

22
by the director of the county family independence agency of the

23
county in which an action is brought, or the county director's

24
designated representative.

25
(11) 1986 PA 107, which added this subsection, does not

26
affect the rights of an indigent defendant in proceedings under

07684'02 u 5

1
this act as established by decisions of the courts of this state

2
before June 1, 1986.

3
(12) If a determination of paternity is made under this act,

4
the court may enter an order of filiation as provided in section

5
7. Regardless of who commences an action under this act, an

6
order of filiation entered under this act has the same effect, is

7
subject to the same provisions, and is enforced in the same

8
manner as an order of filiation entered on complaint of the

9
mother or father.

10
Sec. 7b. If the court makes a determination of paternity

11
and there is no dispute regarding custody, the court shall

12
include in the order of filiation specific provisions for the

13
custody and parenting time of the child as provided in the child

14
custody act of 1970, Act No. 91 of the Public Acts of 1970,

15
being sections 722.21 to 722.29 of the Michigan Compiled Laws

16
1970 PA 91, MCL 722.21 TO 722.31. If there is a dispute between

17
the parties concerning custody or parenting time, the court shall

18
immediately enter an order that establishes support and temporar-

19
ily establishes custody of and parenting time with the child.

20
Pending a hearing on or other resolution of the dispute, the

21
court may also refer the matter to the friend of the court

22
CHILD for a report and recommendation as provided in section 5 of

23
the friend of the court CHILD act, Act No. 294 of the Public

24
Acts of 1982, being section 552.505 of the Michigan Compiled

25
Laws 1982 PA 294, MCL 552.505. In a dispute regarding custody

26
or parenting time, the prosecuting attorney, an attorney

27
appointed by the county, or an attorney appointed by the court

07684'02 u 6

1
under section 4 shall not be required to represent either party

2
regarding that dispute.

3
Sec. 8. The court shall require the payment of money to be

4
made to the friend of the court CHILD, clerk of the court, or

5
state disbursement unit, which money shall be disbursed in

6
accordance with the order of the court, except that upon certifi-

7
cation by a county family independence agency that a complainant

8
is receiving public assistance, a payment received by the friend

9
of the court CHILD for support and education of a child born

10
out of wedlock shall be transmitted to the family independence

11
agency.

12
Sec. 9. (1) The person so adjudged to be the father of the

13
child may be required to give bond with 1 or more sufficient

14
sureties to the satisfaction of the court, to perform the order

15
of the court, and to indemnify the county that is chargeable with

16
the confinement expenses and with the maintenance of the child.

17
The bond shall be filed with the friend of the court CHILD or

18
the clerk of the court. If on the trial he is adjudged not to be

19
the father of the child, the court shall dismiss the complaint;

20
and the judgment of the court is final.

21
(2) If default is made in the payment of an installment or a

22
part of the installment, mentioned in the bond filed under sub-

23
section (1), the judge of the court in which the bond is filed,

24
at the request of the mother, guardian, or any other person

25
interested in the support of the child, shall issue a citation to

26
the principal and sureties in the bond requiring them to appear

27
on a day specified in the citation, and show cause why execution

07684'02 u 7

1
shall not issue against them for the amount of the installment

2
due and unpaid on the bond. The citation shall be served by the

3
sheriff of any county in which the principal or sureties reside

4
or may be found. If the amount due on the installment is not

5
paid on or before the time mentioned for showing cause, the judge

6
shall render judgment in favor of the complainant against the

7
principal and sureties who have been served with the citation,

8
for the amount unpaid on the installment due on the bond.

9
Execution shall issue from the court against the goods and chat-

10
tels of the person or persons against whom the judgment is

11
rendered for the amount of the judgment and costs to the sheriff

12
of any county in the state where a party to the judgment resides

13
or has property subject to the execution.

14
(3) The judge, in case of default in the payment, when due,

15
of any installment or any part of the installment or in the con-

16
dition of the bond, may adjudge the reputed father guilty of con-

17
tempt of court as provided in sections 31 to 39 of the support

18
and parenting time enforcement act, 1982 PA 295, MCL 552.631 to

19
552.639. The commitment of the reputed father under sections 31

20
to 39 of the support and parenting time enforcement act, 1982 PA

21
295, MCL 552.631 to 552.639, does not operate to stay or defeat

22
the obtaining of judgment and the collection of the judgment by

23
execution. The rendition and the enforcement of decree or judg-

24
ment does not bar or hinder the taking of similar proceedings for

25
subsequent defaults.

26
(4) In order to make effective the purpose and intention of

27
the bonds required under subsection (1), the court may appoint a

07684'02 u 8

1
receiver of the real and personal property belonging to the

2
judgment debtors with powers not exceeding those customarily

3
exercised by receivers.

4
Sec. 19. (1) To reimburse the county for the cost of

5
enforcing support or parenting time orders under this act, the

6
court shall order the payment of $2.00 per month, payable semian-

7
nually on each January 2 and July 2, to the friend of the court

8
CHILD or state disbursement unit. The service fee shall be paid

9
by the person ordered to pay the support money. The service fee

10
shall be computed from the beginning date of the support order

11
and shall continue while the support order is operative. The

12
service fee shall be paid 6 months in advance on each due date,

13
except for the first payment, which shall be paid at the same

14
time the support order is filed and covers the period of time

15
from that month until the next calendar due date. An order or

16
judgment for the payment of support money shall provide for the

17
payment of the service fee. Upon its own motion, the court may

18
amend an order or judgment for the payment of support money to

19
provide for the payment of the service fee in the amount provided

20
by this subsection, upon proper notice to the person ordered to

21
pay the support money. The service fees shall be turned over to

22
the county treasurer and credited to the general fund of the

23
county.

24
(2) The court may hold in contempt a person who fails or

25
refuses to pay a service fee ordered under subsection (1).

26
Sec. 19a. The department, the SDU, and each office of the

27
friend of the court CHILD shall cooperate in the transition to

07684'02 u 9

1
the centralized receipt and disbursement of support and fees. An

2
office of the friend of the court CHILD shall continue to

3
receive and disburse support and fees through the transition,

4
based on the schedule developed as required by section 6 7 of

5
the office of child support act, 1971 PA 174, MCL 400.236

6
400.237, and modifications to that schedule as the department

7
considers necessary.

8
Enacting section 1. This amendatory act does not take

9
effect unless Senate Bill No. _____ or House Bill No. 6317

10
(request no. 07684'02) of the 91st Legislature is enacted into

11
law.

07684'02 u Final page. GWH