HB-5472, As Passed House, September 17, 2014

SUBSTITUTE FOR

HOUSE BILL NO. 5472

A bill to amend 1982 PA 295, entitled

"Support and parenting time enforcement act,"

by amending section 2 (MCL 552.602), as amended by 2009 PA 193, and

by adding section 35a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2. As used in this act:

(a) "Account" means any of the following:

(i) A demand deposit account.

(ii) A draft account.

(iii) A checking account.

(iv) A negotiable order of withdrawal account.

(v) A share account.

(vi) A savings account.

(vii) A time savings account.

(viii) A mutual fund account.

(ix) A securities brokerage account.

(x) A money market account.

(xi) A retail investment account.

(b) "Account" does not mean any of the following:

(i) A trust.

(ii) An annuity.

(iii) A qualified individual retirement account.

(iv) An account covered by the employee retirement income

security act of 1974, Public Law 93-406.

(v) A pension or retirement plan.

(vi) An insurance policy.

contempt track docket established under section 35a.

(d) ~~(c)~~ "Cash" means money or the equivalent of money, such as

a money order, cashier's check, or negotiable check or a payment by

debit or credit card, which equivalent is accepted as cash by the

agency accepting the payment.

(e) ~~(d)~~ "Custody or parenting time order violation" means an

individual's act or failure to act that interferes with a parent's

right to interact with his or her child in the time, place, and

manner established in the order that governs custody or parenting

time between the parent and the child and to which the individual

accused of interfering is subject.

(f) ~~(e)~~ "Department" means the department of human services.

(g) ~~(f)~~ "Domestic relations matter" means a circuit court

proceeding as to child custody, parenting time, child support, or

spousal support, that arises out of litigation under a statute of

this state, including, but not limited to, the following:

(i) 1846 RS 84, MCL 552.1 to 552.45.

(ii) The family support act, 1966 PA 138, MCL 552.451 to

552.459.

(iii) The child custody act of 1970, 1970 PA 91, MCL 722.21 to

722.31.

(iv) 1968 PA 293, MCL 722.1 to 722.6.

(v) The paternity act, 1956 PA 205, MCL 722.711 to 722.730.

(vi) The revised uniform reciprocal enforcement of support act,

1952 PA 8, MCL 780.151 to 780.183.

(vii) The uniform interstate family support act, 1996 PA 310,

MCL 552.1101 to 552.1901.

(h) ~~(g)~~ "Driver's license" means license as that term is

defined in section 25 of the Michigan vehicle code, 1949 PA 300,

MCL 257.25.

(i) ~~(h)~~ "Employer" means an individual, sole proprietorship,

partnership, association, or private or public corporation, the

United States or a federal agency, this state or a political

subdivision of this state, another state or a political subdivision

of another state, or another legal entity that hires and pays an

individual for his or her services.

(j) ~~(i)~~ "Financial asset" means a deposit, account, money

market fund, stock, bond, or similar instrument.

(k) ~~(j)~~ "Financial institution" means any of the following:

(i) A state or national bank.

(ii) A state or federally chartered savings and loan

association.

(iii) A state or federally chartered savings bank.

(iv) A state or federally chartered credit union.

(v) An insurance company.

(vi) An entity that offers any of the following to a resident

of this state:

(A) A mutual fund account.

(B) A securities brokerage account.

(D) A retail investment account.

(vii) An entity regulated by the securities and exchange

commission that collects funds from the public.

(viii) An entity that is a member of the national association of

securities dealers and that collects funds from the public.

(ix) Another entity that collects funds from the public.

(l) ~~(k)~~ "Friend of the court act" means the friend of the court

act, 1982 PA 294, MCL 552.501 to 552.535.

(m) (l) "Friend of the court case" means that term as defined

in section 2 of the friend of the court act, MCL 552.502.

(n) ~~(m)~~ "Income" means any of the following:

(i) Commissions, earnings, salaries, wages, and other income

due or to be due in the future to an individual from his or her

employer or a successor employer.

(ii) A payment due or to be due in the future to an individual

from a profit-sharing plan, a pension plan, an insurance contract,

an annuity, social security, unemployment compensation,

supplemental unemployment benefits, or worker's compensation.

(iii) An amount of money that is due to an individual as a debt

of another individual, partnership, association, or private or

public corporation, the United States or a federal agency, this

state or a political subdivision of this state, another state or a

political subdivision of another state, or another legal entity

that is indebted to the individual.

(o) ~~(n)~~ "Insurer" means an insurer, health maintenance

organization, health care corporation, or other group, plan, or

entity that provides health care coverage in accordance with any of

the following acts:

(i) The public health code, 1978 PA 368, MCL 333.1101 to

333.25211.

(ii) The insurance code of 1956, 1956 PA 218, MCL 500.100 to

500.8302.

(iii) The nonprofit health care corporation reform act, 1980 PA

350, MCL 550.1101 to 550.1704.

(p) ~~(o)~~ "Medical assistance" means medical assistance as

established under title XIX of the social security act, 42 USC 1396

to ~~1396v.~~1396w-5.

(q) ~~(p)~~ "Most recent semiannual obligation" means the total

amount of current child support owed by a parent during the

preceding January 1 to June 30 or July 1 to December 31.

(r) ~~(q)~~ "Occupational license" means a certificate,

registration, or license issued by a state department, bureau, or

agency that has regulatory authority over an individual that allows

an individual to legally engage in a regulated occupation or that

allows the individual to use a specific title in the practice of an

occupation, profession, or vocation.

(s) ~~(r)~~ "Office of child support" means the office of child

support established in section 2 of the office of child support

act, 1971 PA 174, MCL 400.232.

(t) ~~(s)~~ "Office of the friend of the court" means an agency

created in section 3 of the friend of the court act, MCL 552.503.

(u) ~~(t)~~ "Order of income withholding" means an order entered

by the circuit court providing for the withholding of a payer's

income to enforce a support order under this act.

(v) ~~(u)~~ "Payer" means an individual who is ordered by the

circuit court to pay support.

(w) ~~(v)~~ "Person" means an individual, partnership,

corporation, association, governmental entity, or other legal

entity.

(x) ~~(w)~~ "Plan administrator" means that term as used in

relation to a group health plan under section 609 of title I of the

employee retirement income security act of 1974, 29 USC 1169, if

the health care coverage plan of the individual who is responsible

for providing a child with health care coverage is subject to that

act.

(y) ~~(x)~~ "Political subdivision" means a county, city, village,

township, educational institution, school district, or special

district or authority of this state or of a local unit of

government.

(z) ~~(y)~~ "Recipient of support" means the following:

(i) The spouse, if the support order orders spousal support.

(ii) The custodial parent or guardian, if the support order

orders support for a minor child or a child who is 18 years of age

or older.

(iii) The department, if support has been assigned to that

department.

(iv) The county, if the minor child is in county-funded foster

care.

(aa) ~~(z)~~ "Recreational or sporting license" means a hunting,

fishing, or fur harvester's license issued under the natural

resources and environmental protection act, 1994 PA 451, MCL

324.101 to 324.90106, but does not include a commercial fishing

license or permit issued under part 473 of the natural resources

and environmental protection act, 1994 PA 451, MCL 324.47301 to

324.47362.

(bb) ~~(aa)~~ "Referee" means a person who is designated as a

referee under the friend of the court act.

(cc) ~~(bb)~~ "Source of income" means an employer or successor

employer, a labor organization, or another individual or entity

that owes or will owe income to the payer.

(dd) ~~(cc)~~ "State disbursement unit" or "SDU" means the entity

established in section 6 of the office of child support act, 1971

PA 174, MCL 400.236.

(ee) ~~(dd)~~ "State friend of the court bureau" means that bureau

as created in the state court administrative office under section

19 of the friend of the court act, MCL 552.519.

(ff) ~~(ee)~~ "Support" means all of the following:

(i) The payment of money for a child or a spouse ordered by the

circuit court, whether the order is embodied in an interim,

temporary, permanent, or modified order or judgment. Support may

include payment of the expenses of medical, dental, and other

health care, child care expenses, and educational expenses.

(ii) The payment of money ordered by the circuit court under

the paternity act, 1956 PA 205, MCL 722.711 to 722.730, for the

necessary expenses connected to the mother's pregnancy or the birth

of the child, or for the repayment of genetic testing expenses.

(iii) A surcharge under section 3a.

(gg) ~~(ff)~~ "Support order" means an order entered by the

circuit court for the payment of support, whether or not a sum

certain.

(hh) ~~(gg)~~ "Title IV-D" means part D of title IV of the social

security act, 42 USC 651 to 669b.

(ii) ~~(hh)~~ "Title IV-D agency" means the agency in this state

performing the functions under title IV-D and includes a person

performing those functions under contract, including an office of

the friend of the court or a prosecuting attorney.

(jj) ~~(ii)~~ "Work activity" means any of the following:

(i) Unsubsidized employment.

(ii) Subsidized private sector employment.

(iii) Subsidized public sector employment.

(iv) Work experience, including work associated with the

refurbishing of publicly assisted housing, if sufficient private

sector employment is not available.

(v) On-the-job training.

(vi) Referral to and participation in the work first or

successor program prescribed in the social welfare act, 1939 PA

280, MCL 400.1 to 400.119b, or other job search and job readiness

assistance.

(vii) A community service program.

(viii) Vocational educational training, not to exceed 12 months

with respect to an individual.

(ix) Job skills training directly related to employment.

(x) Education directly related to employment, in the case of

an individual who has not received a high school diploma or a

certificate of high school equivalency.

(xi) Satisfactory attendance at secondary school or in a course

of study leading to a certificate of general equivalence, in the

case of an individual who has not completed secondary school or

received such a certificate.

(xii) The provision of child care services to an individual who

is participating in a community service program.

Sec. 35a. (1) A payer who meets the criteria in subsection (2)

may, with the consent of the court, agree to have his or her case

placed on an alternative contempt track docket.

(2) The alternative contempt track is available for a payer

who is determined by the court to have difficulty making support

payments due to any of the following:

(a) A documented medical condition.

(b) A documented psychological disorder.

(d) Illiteracy.

(e) Homelessness.

(f) A temporary curable condition that the payer has

difficulty controlling without assistance.

(g) Unemployment lasting longer than 27 weeks.

(3) The alternative contempt track shall provide for all of

the following:

(a) A payer who is in the alternative contempt track is

subject to probation for a period of up to 1 year.

(b) The court shall approve a plan to address the conditions

in subsection (2).

payer who fails to comply with the plan described in subdivision

(b) under the conditions and for the time that the court directs to

bring the payer into compliance with the plan described under

subdivision (b). A payer shall not be ordered to remain in the

sheriff's custody longer than 45 days for any single plan

violation.

(d) If a payer willfully fails to comply with the terms of the

plan described in subdivision (b), the court may punish that payer

by ordering his or her commitment to jail for a period not to

exceed 10 days.

(e) The payer is required to appear for review hearings as

scheduled by the court and is subject to arrest according to

section 31.

(f) The plan described in subdivision (b) may provide notice

of modification to the payer and recipient of support. The court

may enter a temporary support order or stay the current order based

on the person's ability during the period a payer is under an

alternative contempt track plan. Subject to section 3(2), the court

shall enter a final support order upon completion or termination of

the plan described in subdivision (b). Either party may object to a

proposed final support order resulting from a plan described in

subdivision (b). If an objection is made, the court must hold a

separate hearing on the matter of entry of a final support order.

(g) The court may discharge arrears owed to the state with the

state's approval and may also discharge arrears owed to a payee

with the payee's consent upon successful completion of the

alternative contempt track.

(4) Each court that uses an alternative contempt track must

submit a plan for the alternative contempt track and obtain

approval of the plan by the state court administrative office under

the supervision of the supreme court.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.