SB-0526, As Passed Senate, February 20, 2014
September 19, 2013, Introduced by Senators CASWELL and COLBECK and referred to the Committee on Families, Seniors and Human Services.
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.
(c) For a friend of the court case, substantially the
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.