HOUSE SUBSTITUTE FOR

SB-0526, As Passed Senate, December 9, 2014

SENATE BILL NO. 526

A bill to amend 1982 PA 295, entitled

"Support and parenting time enforcement act,"

by amending section 5d (MCL 552.605d), as amended by 2009 PA 193.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 5d. (1) On and after June 1, 2003, each support order the

court enters or modifies shall include substantially the following

provisions:

(a) If a child for whom support is payable under the order is

under the state's jurisdiction and is placed in foster care, that

support payable under the order is assigned to the department.

(b) If a child for whom support is payable under the order is

under court jurisdiction and is placed in county-funded foster

care, that support payable under the order is assigned to the

funding county.

following statements:

(i) "The office of the friend of the court may consider the

person ~~legally responsible for~~ who is providing the actual care,

support, and maintenance of a child for whom support is ordered as

the recipient of support for the child and may redirect support

paid for that child to that recipient of support, subject to the

procedures prescribed in section 5d of the support and parenting

time enforcement act, 1982 PA 295, MCL 552.605d.".

(ii) "If the payer resides full-time with a child for whom

support is payable under this order, support for that child abates

in accordance with policies established by the state friend of the

court bureau and subject to the procedures prescribed in section 5d

of the support and parenting time enforcement act, 1982 PA 295, MCL

552.605d.".

(2) In a friend of the court case, a support order that was

entered before June 1, 2003 ~~shall be~~ is considered to include, by

operation of law, the provisions stated in subsection (1).

(3) If a child for whom support is payable under a support

order is under the state's jurisdiction and is placed in foster

care, support payable under the order is assigned to the

department. If the child is placed in county-funded foster care,

the support payable under the order is assigned to the funding

county. An assignment of support ~~to the department~~ as required by

this subsection has priority over a redirection of support

authorized by this section.

(4) Subject to subsection (5), for a friend of the court case,

the office of the friend of the court may consider the person

~~legally responsible for~~ who is providing the actual care, support,

and maintenance of a child for whom support is ordered as the

recipient of support for the child and may redirect support paid

for that child to that recipient of support. Subject to subsection

(5), the office of the friend of the court shall abate support

under a support order that is payable as support for a child who

resides full-time with the payer, in accordance with policies

established by the state friend of the court bureau.

(5) A party to a support order may object to redirection or

abatement of support under this section. Support shall not be

redirected or abated under this section until 21 days after the

office of the friend of the court notifies each party of the

proposed action ~~, advising the party of the~~ and each party's right

to object. If a party objects within 21 days after the

notification, support shall not be redirected or abated under this

section. After an objection, the office of the friend of the court

shall review the support order under section 17 of the friend of

the court act, MCL ~~522.517,~~ 552.517, or shall notify each party

that the party may file a motion to modify support.

(6) The state friend of the court bureau may implement

policies to assist offices of the friend of the court in

determining when an office of the friend of the court should give

notice of a proposed redirection or abatement of support under this

section.

Enacting section 1. This amendatory act takes effect 90 days