House Introduced Bill 6306

HOUSE BILL No. 6306

September 17, 2002, Introduced by Rep. Wojno and referred to the Committee on Family and Children Services.

A bill to amend 1966 PA 138, entitled

"The family support act,"

by amending sections 2, 3, 4, 7, and 8a (MCL 552.452, 552.453,

552.454, 552.457, and 552.458a), section 2 as amended by 2001 PA

111, section 3 as amended by 1985 PA 212, and sections 4 and 7 as

amended and section 8a as added by 1999 PA 158.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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Sec. 2. (1) Upon the hearing of the complaint, in the

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manner of a motion, the court may enter an order as it determines

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proper for the support of the petitioner and the minor child or

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children of the parties as prescribed in section 5 of the support

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and parenting time enforcement act, 1982 PA 295, MCL 552.605.

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The order shall provide that payment shall be made to the friend

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of the court CHILD or the state disbursement unit. If the

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parent complained of opposes the entry of the order upon the

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ground that he or she is without sufficient financial ability to

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provide necessary shelter, food, care, clothing, and other sup-

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port for his or her spouse and child or children, the burden of

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proving this lack of ability is on the parent against whom the

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complaint is made. The order shall state in separate paragraphs

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the amount of support for the petitioner until the further order

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of the court, and the amount of support for each child until each

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child reaches 18 years of age or until the further order of the

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court. Subject to section 5b of the support and parenting time

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enforcement act, 1982 PA 295, MCL 552.605b, the court may also

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order support for the child after the child reaches 18 years of

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age, or until the further order of the court.

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(2) A support order entered under this section is enforce-

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able as provided in the support and parenting time enforcement

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act, 1982 PA 295, MCL 552.601 to 552.650. If this act contains a

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specific provision regarding the contents or enforcement of a

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child support order that conflicts with a provision in the sup-

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port and parenting time enforcement act, 1982 PA 295, MCL 552.601

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to 552.650, this act controls in regard to that provision.

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Sec. 3. Upon the entry of any order for support under this

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act, a copy of the order shall be transmitted to the friend of

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the court CHILD of the county in which the order was entered.

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Sec. 4. (1) If the county family independence agency where

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the custodial parent or guardian of the minor child or children

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or the child or children who have reached 18 years of age resides

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determines the custodial parent, the minor child or children, the

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child or children who have reached 18 years of age, or any of

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them to be eligible for public or medical assistance, or if a

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complaint is being filed under section 1b, the prosecuting attor-

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ney shall act as the attorney for the petitioner.

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(2) The prosecuting attorney shall utilize the child support

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formula developed under section 19 of the friend of the court

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CHILD act, 1982 PA 294, MCL 552.519, as a guideline in petition-

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ing for child support. Upon certification by the family indepen-

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dence agency that the custodial parent and minor child or chil-

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dren or child or children who have reached 18 years of age are

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receiving public assistance, a payment received by the friend of

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the court CHILD or the state disbursement unit for the support

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of the custodial parent and minor child or children or child or

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children who have reached 18 years of age shall be transmitted to

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the family independence agency.

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Sec. 7. (1) To reimburse the county for the cost of enforc-

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ing support or parenting time orders under this act, the court

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shall order the payment of a service fee of $2.00 per month, pay-

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able semiannually on each January 2 and July 2, to the friend of

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the court CHILD or state disbursement unit. The service fee

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shall be paid by the person ordered to pay the support money.

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The service fee shall be computed from the beginning date of the

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support order and shall continue while the support order is

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operative. The service fee shall be paid 6 months in advance on

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each due date, except for the first payment which shall be paid

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at the same time the support order is filed, and covers the

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period of time from that month until the next calendar due date.

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The friend of the court CHILD may deduct the service fee from

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support money paid after the due date of the service fee. An

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order that provides for the payment of support that requires col-

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lection by the friend of the court CHILD under this act or by

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the SDU shall provide for the payment of the service fee. Upon

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its own motion, a court may amend such an order or judgment to

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provide for the payment of the service fee, in the amount pro-

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vided by this subsection, upon notice to the person ordered to

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pay the support money. The service fees shall be turned over to

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the county treasurer and credited to the general fund of the

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county.

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(2) The court may hold in contempt a person who fails or

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refuses to pay a service fee ordered under subsection (1).

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Sec. 8a. The department, the SDU, and each office of the

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friend of the court CHILD shall cooperate in the transition to

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the centralized receipt and disbursement of support and fees. An

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office of the friend of the court CHILD shall continue to

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receive and disburse support and fees through the transition,

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based on the schedule developed as required by section 6 7 of

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the office of child support act, 1971 PA 174, MCL 400.236

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400.237, and modifications to that schedule as the department

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considers necessary.

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Enacting section 1. This amendatory act does not take

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effect unless Senate Bill No. _____ or House Bill No. 6317

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(request no. 07684'02) of the 91st Legislature is enacted into

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law.

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