ALTERNATIVE CONTEMPT TRACK DOCKET                                                H.B. 5472 (H-3):

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

House Bill 5472 (Substitute H-3 as reported without amendment)

Sponsor:  Representative Bruce R. Rendon

House Committee:  Families, Children, and Seniors

Senate Committee:  Families, Seniors and Human Services

CONTENT

The bill would amend the Support and Parenting Time Enforcement Act to provide for an alternative contempt track docket in child support cases in which the payer was in arrears. The bill would do the following:

-- Provide that a payer could agree to have his or her case placed on an alternative contempt track docket with the court's consent, if certain conditions were met.

-- Specify actions the court would have to take under an alternative contempt track docket, including approving a plan to address the conditions under which a payer qualified for the docket.

-- Provide that a payer in an alternative contempt track would be subject to probation for up to one year and would have to appear for review hearings.

-- Provide that a payer could be taken into custody for up to 45 days for violating the plan, and could be jailed for up to 10 days for willfully failing to comply.

-- Allow a court to discharge the arrears of a payer who completed an alternative contempt track plan, with the consent of the State or the payee, as applicable.

-- Require each court that used an alternative contempt track to submit a plan to, and obtain the approval of, the State Court Administrative Office.

The alternative contempt track docket would be available for a payer who was determined by the court to have difficulty making support payments due to any of the following:

-- A documented medical condition.

-- A documented psychological disorder.

-- Substance use disorder.

-- Illiteracy.

-- Homelessness.

-- A temporary curable condition that the payer had difficulty controlling without assistance.

-- Unemployment lasting longer than 27 weeks.

MCL 552.602 et al.                                                      Legislative Analyst:  Suzanne Lowe

FISCAL IMPACT

A court would incur costs associated with the start-up of an alternative contempt track docket. There would no fiscal impact on State government.

Date Completed:  10-21-14                                                  Fiscal Analyst:  John Maxwell

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.