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

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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,

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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

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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

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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.

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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

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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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