HOUSE BILL No. 6315 September 17, 2002, Introduced by Rep. Wojno and referred to the Committee on Family and Children Services. A bill to amend 1846 RS 84, entitled "Of divorce," by amending sections 15, 23, 24, and 45 (MCL 552.15, 552.23, 552.24, and 552.45), section 15 as amended by 2001 PA 107 and section 23 as amended and section 24 as added by 1999 PA 159. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 15. (1) After the filing of a complaint in an action 2 to annul a marriage or for a divorce or separate maintenance, on 3 the motion of either party or the friend of thecourtCHILD, or 4 on the court's own motion, the court may enter orders concerning 5 the care, custody, and support of the minor children of the par- 6 ties during the pendency of the action as prescribed in section 5 7 of the support and parenting time enforcement act, 1982 PA 295, 8 MCL 552.605, and as the court considers proper and necessary. 9 Subject to section 5b of the support and parenting time 07684'02 l GWH 2 1 enforcement act, 1982 PA 295, MCL 552.605b, the court may also 2 order support as provided in this subsection for the parties' 3 children who are not minor children. 4 (2) An order concerning the support of a child of the par- 5 ties is governed by and is enforceable as provided in the support 6 and parenting time enforcement act, 1982 PA 295, MCL 552.601 to 7 552.650. 8 Sec. 23. (1) Upon entry of a judgment of divorce or sepa- 9 rate maintenance, if the estate and effects awarded to either 10 party are insufficient for the suitable support and maintenance 11 of either party and any children of the marriage as are committed 12 to the care and custody of either party, the court may further 13 award to either party the part of the real and personal estate of 14 either party and spousal support out of the real and personal 15 estate, to be paid to either party in gross or otherwise as the 16 court considers just and reasonable, after considering the abil- 17 ity of either party to pay and the character and situation of the 18 parties, and all the other circumstances of the case. 19 (2) Upon certification by a county family independence 20 agency that a complainant or petitioner in a proceeding under 21 this chapter is receiving public assistance either personally or 22 for children of the marriage, payments received by the friend of 23 thecourtCHILD or the state disbursement unit for the support 24 and education of the children or maintenance of the party shall 25 be transmitted to the family independence agency. 26 (3) To reimburse the county for the cost of enforcing a 27 spousal or child support order or a parenting time order, the 07684'02 l 3 1 court shall order the payment of a service fee of $2.00 per 2 month, payable semiannually on each January 2 and July 2. The 3 service fee shall be paid by the person ordered to pay the spou- 4 sal or child support. The service fee shall be computed from the 5 beginning date of the spousal or child support order and shall 6 continue while the spousal or child support order is operative. 7 The service fee shall be paid 6 months in advance on each due 8 date, except for the first payment, which shall be paid at the 9 same time the spousal or child support order is filed, and covers 10 the period of time from that month until the next calendar due 11 date. An order or judgment that provides for the payment of tem- 12 porary or permanent spousal or child support that requires col- 13 lection by the friend of thecourtCHILD or the SDU shall pro- 14 vide for the payment of the service fee. Upon its own motion, a 15 court may amend such an order or judgment for the payment of tem- 16 porary or permanent spousal or child support to provide for the 17 payment of the service fee in the amount provided by this subsec- 18 tion, upon proper notice to the person ordered to pay the spousal 19 or child support. The service fees shall be turned over to the 20 county treasurer and credited to the general fund of the county. 21 If the court appoints the friend of thecourtCHILD custodian, 22 receiver, trustee, or escrow agent of assets owned by the husband 23 and wife, or either of them, the court may fix the amount of the 24 fee forsuchTHAT service, to be turned over to the county 25 treasurer and credited to the general fund of the county. The 26 court may hold in contempt a person who fails or refuses to pay a 27 fee ordered under this subsection. 07684'02 l 4 1 (4) As used in this act, "state disbursement unit" or "SDU" 2 means the entity established in section 6 of the office of child 3 support act, 1971 PA 174, MCL 400.236. 4 Sec. 24. The department, the SDU, and each office of the 5 friend of thecourtCHILD shall cooperate in the transition to 6 the centralized receipt and disbursement of support and fees. An 7 office of the friend of thecourtCHILD shall continue to 8 receive and disburse support and fees through the transition, 9 based on the schedule developed as required by section67 of 10 the office of child support act, 1971 PA 174, MCL400.23611 400.237, and modifications to that schedule as the department 12 considers necessary. 13 Sec. 45. Every bill of complaint filed shall set forth the 14 names and ages of all children of the marriage, and when there 15 are children under 17 years of age a copy of the summons issued 16 in the cause shall be served upon the the prosecuting attorney of 17 the county where suit is commenced, or upon the friend of the 18courtCHILD in those counties having a population of 500,000 or 19 morewhichTHAT have a friend of thecourtCHILD. The prose- 20 cuting attorney or friend of thecourt soCHILD WHO IS served 21 shall enterhisAN appearance in the cause., and when, in22hisIF, IN THE PROSECUTING ATTORNEY'S OR FRIEND OF THE CHILD'S 23 judgment, the interest of the children or the public good so 24 requires,heTHE PROSECUTING ATTORNEY OR FRIEND OF THE CHILD 25 shall introduce evidence and appear at the hearing and oppose the 26 granting of a decree of divorce.In any case wherein there are27no children the issue of such marriage under the age of 17 years,07684'02 l 5 1when it shall appear to the court that the public good so2requires, an order may be enteredIF THE MARRIAGE HAS NO CHIL- 3 DREN OR NO CHILDREN UNDER 17 YEARS OLD AND IF THE COURT FINDS THE 4 PUBLIC GOOD SO REQUIRES, THE COURT MAY ENTER AN ORDER requiring 5 the prosecuting attorney or friend of thecourtCHILD in coun- 6 ties having a population of 500,000 or more to appear and oppose 7 the granting of a decree of divorce. For every casewhichTHAT 8 the prosecuting attorney investigates, andin which heappears 9 by and with the consent of the court,heTHE PROSECUTING 10 ATTORNEY shall receive the sum of $5.00, to be paid by the county 11 treasurer upon the certificate of the circuit judge thatsuch12 THE services have been performed. Nothing CONTAINED in this act 13containedshall be construed as preventing prosecuting attor- 14 neys or their partners from acting as solicitors or counsel for 15 either party to the suit. If a prosecuting attorney or friend of 16 thecourtCHILD is in any way interested as solicitor or coun- 17 sel for either of the parties, the court shall appoint some repu- 18 table attorney to perform the services of prosecuting attorney, 19 as provided in this act, who shall receive the compensation pro- 20 vided forsuchTHE service. 21 Enacting section 1. This amendatory act does not take 22 effect unless Senate Bill No. _____ or House Bill No. 6317 23 (request no. 07684'02) of the 91st Legislature is enacted into 24 law. 07684'02 l Final page. GWH