February 27, 2013, Introduced by Rep. Ananich and referred to the Committee on Judiciary.
A bill to amend 1982 PA 295, entitled
"Support and parenting time enforcement act,"
by amending sections 2 and 5b (MCL 552.602 and 552.605b), as
amended by 2009 PA 193.
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.
(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.
(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.
(e) "Department" means the department of human services.
(f) "Developmental disability" means that term as it is
defined in section 100a of the mental health code, 1974 PA 258, MCL
330.1100a.
(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.
(C) A money market 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.
(q) "Mental retardation" means that term as it is defined in
section 100b of the mental health code, 1974 PA 258, MCL 330.1100b.
(r) (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.
(s) (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.
(t) (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.
(u) (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.
(v) (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.
(w) (u)
"Payer" means an
individual who is ordered by the
circuit court to pay support.
(x) (v)
"Person" means an
individual, partnership,
corporation, association, governmental entity, or other legal
entity.
(y) (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.
(z) (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.
(aa) (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.
(bb) (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.
(cc) (aa)
"Referee" means a person
who is designated as a
referee under the friend of the court act.
(dd) (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.
(ee) (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.
(ff) (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.
(gg) (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.
(hh) (ff)
"Support order" means an
order entered by the
circuit court for the payment of support, whether or not a sum
certain.
(ii) (gg)
"Title IV-D" means part D
of title IV of the social
security act, 42 USC 651 to 669b.
(jj) (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.
(kk) (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
JET
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. 5b. (1) A court that orders child support may order
support for a child after the child reaches 18 years of age as
provided in this section.
(2) The court may order child support for the time a child is
regularly attending high school on a full-time basis with a
reasonable expectation of completing sufficient credits to graduate
from high school while residing on a full-time basis with the
recipient
of support or at an institution. , but in no case after
the
child reaches 19 years and 6 months of age. If the child is not
regularly attending high school as described in this subsection,
the court may, in its discretion, order support for the child after
he or she reaches 18 years of age if he or she is a child with a
developmental disability or mental retardation. A complaint or
motion requesting support as provided in this section may be filed
at
any time. before the child reaches 19 years and 6 months
of age.
(3) A support order entered under this section shall include a
provision that the support terminates on the last day of a
specified month, regardless of the actual graduation date. This
subsection does not apply to a support order entered for a child
with a developmental disability or mental retardation if the court
has ordered that support shall continue for that child after he or
she reaches 18 years of age.
(4) A provision contained in a judgment or an order entered
before October 10, 1990 that provides for the support of a child
after the child reaches 18 years of age, without an agreement of
the parties as described in subsection (5), is valid and
enforceable to the extent the provision provides support for the
child for the time the child is regularly attending high school on
a full-time basis with a reasonable expectation of completing
sufficient credits to graduate from high school while residing on a
full-time basis with the recipient of support or at an institution,
but in no case after the child reaches 19 years and 6 months of age
unless he or she is a child with a developmental disability or
mental retardation. This subsection does not require payment of
support for a child after the child reaches 18 years of age for any
period between November 8, 1989 and October 10, 1990, or
reimbursement of support paid between November 8, 1989 and October
10, 1990, in those judicial circuits that did not enforce support
for a child after the child reached 18 years of age during the
period between November 8, 1989 and October 10, 1990.
(5) A provision contained in a judgment or an order entered
under this act before, on, or after September 30, 2001 that
provides for the support of a child after the child reaches 18
years of age is valid and enforceable if 1 or more of the following
apply:
(a) The provision is contained in the judgment or order by
agreement of the parties as stated in the judgment or order.
(b) The provision is contained in the judgment or order by
agreement of the parties as evidenced by the approval of the
substance of the judgment or order by the parties or their
attorneys.
(c) The provision is contained in the judgment or order by
written agreement signed by the parties.
(d) The provision is contained in the judgment or order by
oral agreement of the parties as stated on the record by the
parties or their attorneys.
(e) The provision is contained in the judgment or order for a
child with a developmental disability or mental retardation.