HOUSE BILL No. 6026
May 7, 2002, Introduced by Reps. Ruth Johnson, Tabor, Hummel, DeRossett, Howell, Newell, Voorhees, Vander Veen, Raczkowski, Patterson, Caul, Vear, Julian, George and Bisbee and referred to the Committee on Family and Children Services. A bill to amend 1952 PA 8, entitled "Revised uniform reciprocal enforcement of support act," by amending the title and sections 3a, 12b, 13, 14, 14a, 17, 18, 29, 30, 31, and 31a (MCL 780.153a, 780.162b, 780.163, 780.164, 780.164a, 780.167, 780.168, 780.179, 780.180, 780.181, and 780.181a), the title and sections 3a, 12b, 13, and 30 as amended by 1990 PA 241, sections 14, 18, and 31a as amended and section 14a as added by 1999 PA 155, and section 17 as amended and sections 29 and 31 as added by 1985 PA 172. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 TITLE 2 An act relative to the extradition of persons INDIVIDUALS 3 charged with failure to provide support for dependents and to 4 provide for the enforcement by THE circuit courts in chancery 5 COURT of this state of the duty of such persons THOSE 04605'01 w * DGB 2 1 INDIVIDUALS to support their dependents in accordance with the 2 requirements of the laws of other states or any A foreign state 3 having reciprocal legislation, and to grant to such courts THE 4 CIRCUIT COURT power to enforce such THE SUPPORT obligations by 5 procedures including contempt; and to prescribe the procedure 6 to be followed by such courts THE COURT in case of proceedings 7 to require enforcement of the duty to support residents of this 8 state by those obligated to furnish such THAT support through 9 proceedings in courts of other states or any A foreign state 10 having reciprocal legislation; to prescribe certain powers and 11 duties of the friend of the court COURT FAMILY SERVICES OFFICE; 12 to prescribe certain powers and duties of certain state officers, 13 agencies, and departments; and to prescribe rules of evidence in 14 such THESE proceedings. 15 Sec. 3a. (1) "Court" means the appropriate circuit court of 16 this state and, when the context requires, means the appropriate 17 court of any other ANOTHER state as defined in a substantially 18 similar reciprocal law. 19 (2) "COURT FAMILY SERVICES OFFICE" MEANS THE AGENCY CREATED 20 IN SECTION 3 OF THE COURT FAMILY SERVICES OFFICE ACT, 1982 21 PA 294, MCL 552.503. 22 (3) "DEPARTMENT" MEANS THE FAMILY INDEPENDENCE AGENCY. 23 (4) (2) "Duty of support" means any A duty of support 24 owed to an obligee whether imposed or imposable by law or by 25 order, decree, or judgment of any A court, whether temporary or 26 final or whether incidental to an action for divorce, separation, 27 separate maintenance, or otherwise and includes the duty to pay 04605'01 w * 3 1 arrearages of support past due and unpaid. " Duty of support 2 " also includes the duty to reimburse a state or political sub- 3 division for support furnished to an obligee. 4 (5) (3) "Foreign support order" means a support order 5 issued by a state other than Michigan. 6 (6) (4) "Governor" means any person AN INDIVIDUAL per- 7 forming the functions of governor or the executive authority of 8 any A state covered by this or a substantially reciprocal law. 9 (7) (5) "Initiating court" means the court in which a pro- 10 ceeding is commenced. 11 (8) (6) "Initiating state" means a state in which a pro- 12 ceeding pursuant to UNDER this or a substantially similar 13 reciprocal law is commenced. 14 (9) (7) "Interstate central registry" means the entity in 15 a state that is established pursuant to UNDER federal regula- 16 tion and that is responsible for receiving, reviewing, forward- 17 ing, and responding to inquiries about interstate child support 18 actions. 19 (10) (8) "Law" means both common and statutory law. 20 (11) (9) "Obligee" means a person, including a state or 21 political subdivision, to whom a duty of support is owed or a 22 person, including a state or political subdivision, who has com- 23 menced a proceeding for enforcement of an alleged duty of support 24 or for registration of a support order. It is immaterial if the 25 person to whom a duty of support is owed is a recipient of public 26 assistance. 04605'01 w * 4 1 (12) (10) "Obligor" means any person AN INDIVIDUAL owing 2 a duty of support or against whom a proceeding for the 3 enforcement of a duty of support or registration of a support 4 order is commenced. 5 (11) "Office of the friend of the court" means the agency 6 created in section 3 of Act No. 294 of the Public Acts of 1982, 7 being section 552.503 of the Michigan Compiled Laws. 8 Sec. 12b. (1) The office of child support of the state 9 department of social services is designated as the state infor- 10 mation agency and the interstate central registry under this act, 11 and it shall do all of the following: 12 (a) Distribute copies of any amendments to the act and a 13 statement of their effective date to all other state information 14 agencies. 15 (b) Maintain a list of each interstate central registry in 16 the United States and its address, and provide the list to every 17 prosecutor's office and office of the friend of the court COURT 18 FAMILY SERVICES OFFICE in this state. 19 (c) Maintain a supply of duplicated copies of this act, as 20 amended, for the use of court officers in preparing cases to be 21 forwarded to responding states. 22 (d) Act generally as a clearing center for information and 23 maintain general liaison with the council of state governments, 24 law enforcement agencies, the legislature, other governmental or 25 private agencies concerned with this act, and the public. 26 (e) Forward to the court in this state which THAT has 27 proper venue, as determined under section 10, the petitions, 04605'01 w * 5 1 certificates, and copies of the act it receives from courts or 2 information agencies of other states. 3 (2) If the state information agency does not know the loca- 4 tion of the obligor or the obligor's property, the agency shall 5 use its state locator service to obtain this information. 6 Sec. 13. (1) When the court of this state, acting as a 7 responding court, receives from the interstate central registry 8 of this state copies of the petition, certificate, and act, the 9 clerk of the court shall docket the case and notify the prosecut- 10 ing attorney of the county, who shall be charged with the duty of 11 carrying on the proceedings. 12 (2) The prosecuting attorney shall take all action necessary 13 in accordance with the laws of this state to enable the court to 14 obtain jurisdiction over the obligor or the obligor's property. 15 He or she shall prosecute the case diligently. 16 (3) A prosecuting attorney petitioning for child support 17 under this act shall utilize as a guideline the child support 18 formula developed under section 19 of the friend of the court 19 COURT FAMILY SERVICES OFFICE act, Act No. 294 of the Public Acts 20 of 1982, being section 552.519 of the Michigan Compiled Laws 21 1982 PA 294, MCL 552.519. 22 Sec. 14. (1) If the court of this state when acting as a 23 responding court finds a duty of support, the court may order the 24 obligor to furnish support and subject the property of the obli- 25 gor to the order. The support order shall require that payments 26 be made to the office of the friend of the court COURT FAMILY 27 SERVICES OFFICE or the state disbursement unit, as appropriate. 04605'01 w * 6 1 (2) Except as otherwise provided in this section, the court 2 shall order support in an amount determined by application of the 3 child support formula developed by the state friend of the 4 court COURT FAMILY SERVICES OFFICE bureau. The court may enter 5 an order that deviates from the formula if the court determines 6 from the facts of the case that application of the child support 7 formula would be unjust or inappropriate and sets forth in writ- 8 ing or on the record all of the following: 9 (a) The support amount determined by application of the 10 child support formula. 11 (b) How the support order deviates from the child support 12 formula. 13 (c) The value of property or other support awarded in lieu 14 of the payment of child support, if applicable. 15 (d) The reasons why application of the child support formula 16 would be unjust or inappropriate in the case. 17 (3) Subsection (2) does not prohibit the court from entering 18 a support order that is agreed to by the parties and that devi- 19 ates from the child support formula, if the requirements of sub- 20 section (2) are met. 21 Sec. 14a. The department, the SDU, and each office of the 22 friend of the court COURT FAMILY SERVICES OFFICE shall cooperate 23 in the transition to the centralized receipt and disbursement of 24 support and fees. An office of the friend of the court A COURT 25 FAMILY SERVICES OFFICE shall continue to receive and disburse 26 support and fees through the transition, based on the schedule 27 developed as required by section 6 7 of the office of child 04605'01 w * 7 1 support act, 1971 PA 174, MCL 400.236 400.237, and 2 modifications to that schedule as the department considers 3 necessary. 4 Sec. 17. The court of this state, when acting as a respond- 5 ing court, has the following duties which THAT may be carried 6 out through the office of the friend of the court COURT FAMILY 7 SERVICES OFFICE: 8 (a) To transmit to the initiating court any A payment made 9 by the obligor pursuant to any UNDER AN order of the court or 10 otherwise. 11 (b) To furnish to the initiating court upon request a certi- 12 fied statement of all payments made by the obligor. 13 Sec. 18. (1) Except as provided in subsection (2), the 14 court of this state, when acting as an initiating court, shall 15 receive and disburse immediately all payments made by the obligor 16 or sent by the responding court. 17 (2) If a valid prior and existing support order has been 18 issued from a court of this state other than the initiating 19 court, the initiating court shall transfer the order to furnish 20 support to the court that issued the valid prior and existing 21 court order and shall inform the court of the responding state of 22 its action. The court that issued the valid prior and existing 23 court order shall receive and disburse immediately all payments 24 made by the obligor or sent by the responding court. 25 (3) The duties described in subsections (1) and (2) may be 26 carried out through the office of the friend of the court COURT 04605'01 w * 8 1 FAMILY SERVICES OFFICE, the clerk of the court, or the state 2 disbursement unit, as appropriate. 3 Sec. 29. (1) If this state is acting as a rendering state, 4 the friend of the court COURT FAMILY SERVICES OFFICE upon the 5 request of the court or the state department of social 6 services shall proceed to register a valid existing support 7 order of this state in the state where the obligor or the prop- 8 erty of the obligor can be located. 9 (2) Notwithstanding that this state is not the rendering 10 state, the friend of the court COURT FAMILY SERVICES OFFICE 11 upon the request of a resident obligee of a valid existing for- 12 eign support order shall proceed to register the foreign support 13 order in the state where the obligor or the property of the obli- 14 gor can be located. 15 (3) If this state is acting as a registering state, the 16 friend of the court COURT FAMILY SERVICES OFFICE upon the 17 request of the court or the state department of social 18 services shall proceed to confirm a registered order. 19 Sec. 30. (1) An obligee seeking to register a foreign sup- 20 port order in a court of this state shall transmit to the clerk 21 of the court through the interstate central registry of this 22 state 3 copies of the order, 1 of which shall be certified, with 23 all modifications of the order, 1 copy of the reciprocal enforce- 24 ment of support act of the state in which the order was made, and 25 a statement verified and signed by the obligee, showing the 26 post-office address of the obligee, the last known place of 27 residence and post-office address of the obligor, the amount of 04605'01 w * 9 1 support remaining unpaid, a description and the location of any 2 property of the obligor available upon execution, and a list of 3 the states in which the order is registered. Upon receipt of 4 these documents the clerk of the court, without payment of a 5 filing fee or other cost to the obligee, shall file them in the 6 registry of foreign support orders. The filing constitutes reg- 7 istration under this act. 8 (2) Promptly upon registration of the foreign support order, 9 the clerk of the court shall docket the case and shall notify the 10 friend of the court COURT FAMILY SERVICES OFFICE of the regis- 11 tration of the foreign support order. The friend of the court 12 COURT FAMILY SERVICES OFFICE shall mail by certified or regis- 13 tered mail, return receipt requested, to the obligor at the 14 address given, or serve upon the obligor under the Michigan court 15 rules, a notice of the registration with a copy of the registered 16 support order and the post office address of the obligee. 17 (3) Within 28 days after service, the obligor may petition 18 the court to vacate the registration or to seek other relief. If 19 the obligor does not petition the court within 28 days after 20 service to vacate the registration or to seek other relief, the 21 registered support order is confirmed. If the obligor does peti- 22 tion the court to vacate the registration or seek other relief, 23 the obligor shall send a copy of the petition to the friend of 24 the court COURT FAMILY SERVICES OFFICE. 25 (4) If the obligor petitions the court to vacate the regis- 26 tration or for other relief, a hearing shall be scheduled. At 27 the hearing, the obligor may present only matters that would be 04605'01 w * 10 1 available to the obligor as defenses in an action to enforce a 2 foreign money judgment. If the obligor shows to the court that 3 an appeal from the order is pending or will be taken or that a 4 stay of execution has been granted, the court shall stay enforce- 5 ment of the order until the appeal is concluded, the time for 6 appeal has expired, or the order is vacated, upon satisfactory 7 proof that the obligor has furnished security for payment of the 8 support ordered as required by the rendering state. If the obli- 9 gor shows to the court any A ground upon which enforcement of a 10 support order of this state may be stayed, the court shall stay 11 enforcement of the order for an appropriate period if the obligor 12 furnishes the same security for payment of the support ordered 13 that is required for a support order of this state. 14 Sec. 31. (1) If a registered foreign support order has been 15 confirmed, it shall be treated in the same manner as a support 16 order issued by a court of this state. A registered foreign sup- 17 port order has the same effect and is subject to the same proce- 18 dures, defenses, and proceedings for reopening, modifying, vacat- 19 ing, or staying as a support order of this state and may be 20 enforced and satisfied in like manner. 21 (2) The friend of the court COURT FAMILY SERVICES 22 ADMINISTRATOR shall enforce a confirmed order. 23 Sec. 31a. (1) If there is no Michigan support order but 24 there is a foreign support order, upon request of the obligee or 25 the family independence agency DEPARTMENT if support has been 26 assigned to it, the friend of the court COURT FAMILY SERVICES 27 OFFICE in the county where the obligee resides shall inform the 04605'01 w * 11 1 source of support payments to transmit the payments to the 2 friend of the court COURT FAMILY SERVICES OFFICE or the state 3 disbursement unit, as appropriate. 4 (2) The friend of the court COURT FAMILY SERVICES OFFICE 5 or SDU shall receive, record, disburse, and monitor payments made 6 pursuant to the UNDER A foreign support order. 7 (3) A copy of the foreign support order shall be filed with 8 the clerk of the court. 9 (4) The filing of a support order pursuant to UNDER this 10 section is not a registration as described in section 30. 11 Enacting section 1. This amendatory act does not take 12 effect unless Senate Bill No. ____ or House Bill No. 6011 13 (request no. 04605'01 *) of the 91st Legislature is enacted into 14 law. 04605'01 w * Final page. DGB