HOUSE BILL No. 4883

 

August 24, 2011, Introduced by Reps. MacMaster and Potvin and referred to the Committee on Judiciary.

 

     A bill to amend 1956 PA 205, entitled

 

"The paternity act,"

 

by amending section 2 (MCL 722.712), as amended by 2009 PA 235.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. (1) The parents of a child born out of wedlock are

 

liable for all of the following:

 

     (a) The medical expenses connected to the mother's pregnancy.

 

     (b) The medical expenses connected to the birth of the child.

 

     (c) The necessary support and education of the child.

 

     (d) The child's funeral expenses.

 

     (2) Subject to subsection (3), if medicaid has not paid a

 

medical expense described in subsection (1)(a) or (b), on request

 

from a parent, the court in an action brought under this act shall

 

do all of the following:


 

     (a) If the court determines the expense to be reasonable and

 

necessary, apportion the expense between the parents based on each

 

parent's ability to pay and on any other relevant factor, in the

 

same manner as health care expenses of a child are divided under

 

the child support formula established under section 19 of the

 

friend of the court act, 1982 PA 294, MCL 552.519.

 

     (b) In the court's discretion, if 1 parent has paid the

 

expense, require the parent who did not pay the expense to pay his

 

or her share of the expense to the other parent.

 

     (c) In the court's discretion, at the request of a person

 

other than a parent who has paid the expense, order a parent

 

against whom the request is made to pay to the person the parent's

 

share of the expense.

 

     (d) On request from a parent, require an itemized bill for the

 

expense before making an apportionment under this subsection.

 

     (3) Subject to subsection (4), if medicaid has paid a medical

 

expense described in subsection (1)(a) or (b), on request from the

 

office of child support or its designee, the court in an action

 

brought under this act shall do all of the following:

 

     (a) Determine the amount of the expense that is reasonable and

 

necessary by using the actuarially based case rate established and

 

certified by the department of community health or the amount of

 

the expense certified by the department of community health.

 

     (b) Apportion the amount determined under subdivision (a) to

 

the father using the method established under section 3(o) of the

 

office of child support act, 1971 PA 174, MCL 400.233.

 

     (c) Require the father to pay the amount apportioned to the


 

father under subdivision (b) to the medicaid agency through the

 

state disbursement unit.

 

     (d) Not require the mother to pay any of the expenses.

 

     (4) If a pregnancy or a complication of a pregnancy has been

 

determined in another proceeding to have been the result of either

 

a physical or sexual battery by a party to the case, the court

 

shall apportion the medical expenses described in subsection (1)(a)

 

and (b) to the party who was the perpetrator of the battery.

 

     (5) A court order entered under subsection (2) or (3) shall

 

provide that if the father marries the mother after the birth of

 

the child and provides a copy of the marriage license or other

 

documentation of the marriage to the friend of the court, the

 

father's obligation for payment of any unpaid medical expense

 

described in subsection (1)(a) or (b) is abated subject to

 

reinstatement after notice and hearing for good cause shown,

 

including, but not limited to, dissolution of the marriage. An

 

expense abated under this subsection is abated as of the date that

 

documentation of the marriage is provided to the friend of the

 

court.

 

     (6) A court order entered under subsection (2) or (3) shall

 

provide that if the father obtains sole custody of the child under

 

a court order and provides a copy of the court order to the friend

 

of the court, the father's obligation for payment of any unpaid

 

medical expense described in subsection (1)(a) or (b) is abated

 

subject to reinstatement after notice and hearing for good cause

 

shown. An expense abated under this subsection is abated as of the

 

date that the order is provided to the friend of the court.


 

     (7) (6) An order that provides for the payment of a medical

 

expense connected to a mother's pregnancy or a child's birth

 

entered by the court in an action under this act on or before

 

October 1, 2004 shall be considered by operation of law to provide

 

for the abatement of any such medical expense that remains unpaid

 

if the father marries the mother or if the father obtains sole

 

custody of the child under a court order. An abatement under this

 

subsection shall be implemented under the same circumstances and

 

enforced in the same manner as an abatement of expenses under

 

subsection (5) or (6).

 

     (8) (7) The court shall admit in proceedings under this act a

 

bill for funeral expenses or for expenses connected to the mother's

 

pregnancy or the birth of the child, or actuarially based case

 

rates as determined by the department of community health, without

 

third party foundation testimony. A bill or case rates admitted

 

under this subsection are prima facie evidence of the relevant

 

funeral or medical expense.

 

     (9) (8) This section does not prohibit the department of

 

community health from seeking reimbursement of expenses from a

 

party or other person, including an insurer, by a legal procedure

 

other than an action under this act.

 

     (10) (9) If the father of a child born out of wedlock dies, an

 

order of filiation or a judicially approved settlement made before

 

his death is enforceable against his estate in the same manner and

 

way as a divorce decree.

 

     (11) (10) As used in this section, "medicaid" means the

 

medical assistance program administered by this state under section


 

105 of the social welfare act, 1939 PA 280, MCL 400.105.