SENATE BILL No. 318
March 13, 2001, Introduced by Senators HAMMERSTROM and JOHNSON and referred to
the Committee on Families, Mental Health and Human Services.
A bill to amend 1846 RS 84, entitled
"Of divorce,"
by amending sections 1, 15, 16, 17, and 30 (MCL 552.1, 552.15,
552.16, 552.17, and 552.30), sections 15, 16, and 17 as amended
by 1996 PA 9; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1. All marriages
which are
A MARRIAGE THAT IS pro-
2 hibited by law on account of consanguinity or affinity between
3 the parties, or on account of either
of
them PARTY having a
4 wife or husband then living,
and all
marriages solemnized when
5 either of the parties was
insane or an
idiot, shall IS, if
6 solemnized within this state,
be
absolutely void. The issue of
7 such A
marriage shall be deemed ARE
legitimate.
8 Sec. 15. (1) After the filing of a complaint in an action
9 to annul a marriage or for a divorce or separate maintenance, on
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1 the motion of either party or the friend of the court, or on the
2 court's own motion, the court may
enter
such orders concerning
3 the care, custody, and support of the minor children of the par-
4 ties during the pendency of the action AS PRESCRIBED IN SECTION 5
5 OF THE SUPPORT AND PARENTING TIME ENFORCEMENT ACT, 1982 PA 295,
6 MCL 552.605, AND as the court considers proper and necessary.
7 Subject to section 16a
5B OF THE
SUPPORT AND PARENTING TIME
8 ENFORCEMENT ACT, 1982 PA 295, MCL 552.605B, the court may also
9 order support as provided in this subsection for the parties'
10 children who are not minor children.
11 (2) Except as
otherwise provided
in this section, the court
12 shall order support in an
amount
determined by application of the
13 child support formula
developed by the
state friend of the court
14 bureau. The court may
enter an order
that deviates from the for-
15 mula 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 support
amount determined
by application of the
20 child support
formula.
21 (b) How the support
order deviates
from the child support
22
formula.
23 (c) The value of
property or other
support awarded in lieu
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.
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1 (3) Subsection (2)
does not
prohibit the court from entering
2 a 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 (4) Beginning January
1, 1991, each
support order entered by
6 the court shall provide
that each party
shall keep the office of
7 the friend of the court
informed of both
of the following:
8 (a) The name and
address of his or
her current source of
9 income. As used in this
subdivision,
"source of income" means
10 that term as defined in
section 2 of the
support and parenting
11 time enforcement act,
Act No. 295 of the
Public Acts of 1982,
12 being section 552.602 of
the Michigan
Compiled Laws.
13 (b) Any health care
coverage that
is available to him or her
14 as a benefit of
employment or that is
maintained by him or her;
15 the name of the
insurance company,
nonprofit health care corpora-
16 tion, or health
maintenance
organization; the policy, certifi-
17 cate, or contract number;
and the names
and birth dates of the
18 persons for whose
benefit he or she
maintains health care cover-
19 age under the policy,
certificate, or
contract.
20 (5) For the purposes
of this
section, "support" may include
21 payment of the expenses
of medical,
dental, and other health
22 care, child care
expenses, and
educational expenses. If a sup-
23 port order is entered, the
court shall
require that 1 or both
24 parents shall obtain or
maintain any
health care coverage that is
25 available to them at a
reasonable cost,
as a benefit of employ-
26 ment, for the benefit of
the minor
children of the parties and,
27 subject to section 16a,
for the benefit
of the parties' children
01444'01 a *
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1 who are not minor
children. If a parent
is self-employed and
2 maintains health care
coverage, the
court shall require the
3 parent to obtain or
maintain dependent
coverage for the benefit
4 of the minor children of
the parties
and, subject to section 16a,
5 for the benefit of the
parties' children
who are not minor chil-
6 dren, if available at a
reasonable cost.
7 (2) (6) Orders
AN ORDER
concerning the support of
8 children A
CHILD of the parties are
IS GOVERNED BY AND IS
9 enforceable as provided in the support and parenting time
10 enforcement act, Act
No. 295 of the
Public Acts of 1982, being
11 sections 552.601 to
552.650 of the
Michigan Compiled Laws 1982
12 PA 295, MCL 552.601 TO 552.650.
13 (7) The court may
waive
jurisdiction of any minor children
14 under the age of 17
during the pendency
of the action to the pro-
15 bate court, to be
governed by the laws
of this state with respect
16 to dependent and
neglected children
under the age of 17 years.
17 Sec. 16. (1) Upon annulling a marriage or entering a judg-
18 ment of divorce or separate maintenance, the court may enter
19 such THE
orders as it considers just
and proper concerning
20 the care, custody, and, AS PRESCRIBED IN SECTION 5 OF THE SUPPORT
21 AND PARENTING TIME ENFORCEMENT ACT, 1982 PA 295, MCL 552.605,
22 support of the
A minor children
CHILD of the parties.
23 Subject to section 16a
5B OF THE
SUPPORT AND PARENTING TIME
24 ENFORCEMENT ACT, 1982 PA 295, MCL 552.605B, the court may also
25 order support as provided in this subsection for the parties'
26 children who are not minor
children.
The court may require
27 either parent to file a
bond with 1 or
more sufficient sureties,
01444'01 a *
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1 in a sum to be fixed by
the court,
guaranteeing payment of the
2 support ordered in the
judgment.
3 (2) Except as
otherwise provided in
this section, the court
4 shall order support in an
amount
determined by application of the
5 child support formula
developed by the
state friend of the court
6 bureau. The court may
enter an order
that deviates from the for-
7 mula if the court
determines from the
facts of the case that
8 application of the child
support formula
would be unjust or inap-
9 propriate and sets forth in
writing or
on the record all of the
10
following:
11 (a) The support
amount determined
by application of the
12 child support
formula.
13 (b) How the support
order deviates
from the child support
14
formula.
15 (c) The value of
property or other
support awarded in lieu
16 of the payment of child
support, if
applicable.
17 (d) The reasons why
application of
the child support formula
18 would be unjust or
inappropriate in the
case.
19 (3) Subsection (2)
does not
prohibit the court from entering
20 a support order that is
agreed to by the
parties and that devi-
21 ates from the child
support formula, if
the requirements of sub-
22 section (2) are
met.
23 (4) Beginning
January 1, 1991, each
support order entered by
24 the court shall provide
that each party
shall keep the office of
25 the friend of the court
informed of both
of the following:
26 (a) The name and
address of his or
her current source of
27 income. As used in this
subdivision,
"source of income" means
01444'01 a *
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1 that term as defined in
section 2 of the
support and parenting
2 time enforcement act,
Act No. 295 of the
Public Acts of 1982,
3 being section 552.602 of
the Michigan
Compiled Laws.
4 (b) Any health care
coverage that
is available to him or her
5 as a benefit of
employment or that is
maintained by him or her;
6 the name of the insurance
company,
nonprofit health care corpora-
7 tion, or health
maintenance
organization; the policy, certifi-
8 cate, or contract number;
and the names
and birth dates of the
9 persons for whose
benefit he or she
maintains health care cover-
10 age under the policy,
certificate, or
contract.
11 (5) For the purposes
of this
section, "support" may include
12 payment of the expenses
of medical,
dental, and other health
13 care, child care
expenses, and
educational expenses. The judg-
14 ment shall require that 1
or both
parents shall obtain or main-
15 tain any health care
coverage that is
available to them at a rea-
16 sonable cost, as a benefit
of
employment, for the benefit of the
17 minor children of the
parties and,
subject to section 16a, for
18 the benefit of the parties'
children who
are not minor children.
19 If a parent is
self-employed and
maintains health care coverage,
20 the court shall require
the parent to
obtain or maintain depen-
21 dent coverage for the
benefit of the
minor children of the par-
22 ties and, subject to
section 16a, for
the benefit of the parties'
23 children who are not
minor children, if
available at a reasonable
24 cost.
25 (2) (6) Orders
AN ORDER
concerning the support of
26 children A
CHILD of the parties are
IS GOVERNED BY AND IS
27 enforceable as provided in the support and parenting time
01444'01 a *
7
1 enforcement act, Act
No. 295 of the
Public Acts of 1982, being
2 sections 552.601 to
552.650 of the
Michigan Compiled Laws 1982
3 PA 295, MCL 552.601 TO 552.650.
4 (7) The court, in the
judgment or
after entry of the judg-
5 ment, may waive
jurisdiction of any
minor children under the age
6 of 17 years to the probate
court to be
governed by the laws of
7 this state with respect to
dependent and
neglected children under
8 the age of 17 years.
9 Sec. 17. (1) The
court may, from
time to time after its
10 issuance
AFTER ENTRY OF A JUDGMENT
CONCERNING ANNULMENT,
11 DIVORCE, OR SEPARATE MAINTENANCE AND on the petition of either
12 of the parents
PARENT, THE COURT MAY
revise and alter a judg-
13 ment concerning the care, custody, maintenance, and support of
14 some or all of the children, as the circumstances of the parents
15 , and the
benefit of the children
require.
16 (2) Except as
otherwise provided
in this section, the court
17 shall order support in an
amount
determined by application of the
18 child support formula
developed by the
state friend of the court
19 bureau. The court may
enter an order
that deviates from the for-
20 mula if the court
determines from the
facts of the case that
21 application of the child
support formula
would be unjust or inap-
22 propriate and sets forth
in writing or
on the record all of the
23
following:
24 (a) The support
amount determined
by application of the
25 child support
formula.
26 (b) How the support
order deviates
from the child support
27
formula.
01444'01 a *
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1 (c) The value of
property or other
support awarded in lieu
2 of the payment of child
support, if
applicable.
3 (d) The reasons why
application of
the child support formula
4 would be unjust or
inappropriate in the
case.
5 (3) Subsection (2)
does not
prohibit the court from entering
6 a support order that is
agreed to by the
parties and that devi-
7 ates from the child
support formula, if
the requirements of sub-
8 section (2) are
met.
9 (4) Beginning January
1, 1991, each
support order entered or
10 revised and altered by
the court shall
provide that each party
11 shall keep the office of
the friend of
the court informed of both
12 of the
following:
13 (a) The name and
address of his or
her current source of
14 income. As used in this
subdivision,
"source of income" means
15 that term as defined in
section 2 of the
support and parenting
16 time enforcement act,
Act No. 295 of the
Public Acts of 1982,
17 being section 552.602 of
the Michigan
Compiled Laws.
18 (b) Any health care
coverage that
is available to him or her
19 as a benefit of
employment or that is
maintained by him or her;
20 the name of the
insurance company,
nonprofit health care corpora-
21 tion, or health
maintenance
organization; the policy, certifi-
22 cate, or contract number;
and the names
and birth dates of the
23 persons for whose
benefit he or she
maintains health care cover-
24 age under the policy,
certificate, or
contract.
25 (5) For the purposes
of this
section, "support" may include
26 payment of the expenses
of medical,
dental, and other health
27 care, child care
expenses, and
educational expenses. If a
01444'01 a *
9
1 support order is entered,
the court
shall require that 1 or both
2 parents shall obtain or
maintain any
health care coverage that is
3 available to them at a
reasonable cost,
as a benefit of employ-
4 ment, for the benefit of
the minor
children of the parties and,
5 subject to section 16a,
for the benefit
of the parties' children
6 who are not minor
children. If a parent
is self-employed and
7 maintains health care
coverage, the
court shall require the
8 parent to obtain or
maintain dependent
coverage for the benefit
9 of the minor children of
the parties
and, subject to section 16a,
10 for the benefit of the
parties' children
who are not minor chil-
11 dren, if available at a
reasonable cost.
12 (2) (6) Orders
AN ORDER
concerning the support of
13 children A
CHILD of the parties are
IS GOVERNED BY AND IS
14 enforceable as provided in the support and parenting time
15 enforcement act, Act
No. 295 of the
Public Acts of 1982, being
16 sections 552.601 to
552.650 of the
Michigan Compiled Laws 1982
17 PA 295, MCL 552.601 TO 552.650. IF THIS ACT CONTAINS A SPECIFIC
18 PROVISION REGARDING THE CONTENTS OR ENFORCEMENT OF A SUPPORT
19 ORDER THAT CONFLICTS WITH A PROVISION IN THE SUPPORT AND PARENT-
20 ING TIME ENFORCEMENT ACT, 1982 PA 295, MCL 552.601 TO 552.650,
21 THIS ACT CONTROLS IN REGARD TO THAT PROVISION.
22 Sec. 30. Upon the dissolution of a marriage on account of
23 the non-age , insanity or
idiocy of
either party, the issue of
24 the marriage shall be
deemed to be ARE
in all respects the
25 legitimate issue of the parent who, at the time of the marriage,
26 was capable of contracting.
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1 Enacting section 1. Sections 16a, 35, and 36 of 1846 RS 84,
2 MCL 552.16a, 552.35, and 552.36, are repealed.
3 Enacting section 2. This amendatory act takes effect
4 January 1, 2002.
5 Enacting section 3. This amendatory act does not take
6 effect unless Senate Bill No. 317
7 of the 91st Legislature is enacted into
8 law.
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