House Introduced Bill 6312

HOUSE BILL No. 6312

September 17, 2002, Introduced by Rep. Wojno 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:

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TITLE

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An act relative to the extradition of persons INDIVIDUALS

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charged with failure to provide support for dependents and to

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provide for the enforcement by THE circuit courts in chancery

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COURT of this state of the duty of such persons THOSE

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INDIVIDUALS to support their dependents in accordance with the

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requirements of the laws of other states or any A foreign state

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having reciprocal legislation, and to grant to such courts THE

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CIRCUIT COURT power to enforce such THE SUPPORT obligations by

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procedures including contempt; and to prescribe the procedure

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to be followed by such courts THE COURT in case of proceedings

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to require enforcement of the duty to support residents of this

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state by those obligated to furnish such THAT support through

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proceedings in courts of other states or any A foreign state

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having reciprocal legislation; to prescribe certain powers and

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duties of the friend of the court CHILD; to prescribe certain

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powers and duties of certain state officers, agencies, and

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departments; and to prescribe rules of evidence in such THESE

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proceedings.

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Sec. 3a. (1) "Court" means the appropriate circuit court of

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this state and, when the context requires, means the appropriate

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court of any other ANOTHER state as defined in a substantially

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similar reciprocal law.

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(2) "DEPARTMENT" MEANS THE FAMILY INDEPENDENCE AGENCY.

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(3) (2) "Duty of support" means any A duty of support

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owed to an obligee whether imposed or imposable by law or by

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order, decree, or judgment of any A court, whether temporary or

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final or whether incidental to an action for divorce, separation,

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separate maintenance, or otherwise and includes the duty to pay

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arrearages of support past due and unpaid. " Duty of support

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" also includes the duty to reimburse a state or political

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subdivision for support furnished to an obligee.

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(4) (3) "Foreign support order" means a support order

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issued by a state other than Michigan.

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(5) (4) "Governor" means any person AN INDIVIDUAL per-

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forming the functions of governor or the executive authority of

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any A state covered by this or a substantially reciprocal law.

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(6) (5) "Initiating court" means the court in which a pro-

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ceeding is commenced.

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(7) (6) "Initiating state" means a state in which a pro-

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ceeding pursuant to UNDER this or a substantially similar

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reciprocal law is commenced.

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(8) (7) "Interstate central registry" means the entity in

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a state that is established pursuant to UNDER federal regula-

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tion and that is responsible for receiving, reviewing, forward-

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ing, and responding to inquiries about interstate child support

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actions.

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(9) (8) "Law" means both common and statutory law.

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(10) (9) "Obligee" means a person, including a state or

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political subdivision, to whom a duty of support is owed or a

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person, including a state or political subdivision, who has com-

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menced a proceeding for enforcement of an alleged duty of support

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or for registration of a support order. It is immaterial if the

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person to whom a duty of support is owed is a recipient of public

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assistance.

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(11) (10) "Obligor" means any person AN INDIVIDUAL owing

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a duty of support or against whom a proceeding for the enforce-

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ment of a duty of support or registration of a support order is

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commenced.

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(12) (11) "Office of the friend of the court CHILD"

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means the agency created in section 3 of Act No. 294 of the

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Public Acts of 1982, being section 552.503 of the Michigan

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Compiled Laws THE FRIEND OF THE CHILD ACT, 1982 PA 294,

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MCL 552.503.

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Sec. 12b. (1) The office of child support of the state

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department of social services is designated as the state infor-

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mation agency and the interstate central registry under this act,

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and it shall do all of the following:

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(a) Distribute copies of any amendments to the act and a

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statement of their effective date to all other state information

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agencies.

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(b) Maintain a list of each interstate central registry in

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the United States and its address, and provide the list to every

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prosecutor's office and office of the friend of the court CHILD

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in this state.

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(c) Maintain a supply of duplicated copies of this act, as

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amended, for the use of court officers in preparing cases to be

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forwarded to responding states.

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(d) Act generally as a clearing center for information and

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maintain general liaison with the council of state governments,

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law enforcement agencies, the legislature, other governmental or

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private agencies concerned with this act, and the public.

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(e) Forward to the court in this state which THAT has

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proper venue, as determined under section 10, the petitions, cer-

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tificates, and copies of the act it receives from courts or

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information agencies of other states.

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(2) If the state information agency does not know the

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location of the obligor or the obligor's property, the agency

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shall use its state locator service to obtain this information.

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Sec. 13. (1) When the court of this state, acting as a

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responding court, receives from the interstate central registry

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of this state copies of the petition, certificate, and act, the

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clerk of the court shall docket the case and notify the prosecut-

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ing attorney of the county, who shall be charged with the duty of

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carrying on the proceedings.

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(2) The prosecuting attorney shall take all action necessary

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in accordance with the laws of this state to enable the court to

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obtain jurisdiction over the obligor or the obligor's property.

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He or she shall prosecute the case diligently.

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(3) A prosecuting attorney petitioning for child support

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under this act shall utilize as a guideline the child support

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formula developed under section 19 of the friend of the court

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CHILD act, Act No. 294 of the Public Acts of 1982, being section

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552.519 of the Michigan Compiled Laws 1982 PA 294, MCL 552.519.

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Sec. 14. (1) If the court of this state when acting as a

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responding court finds a duty of support, the court may order the

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obligor to furnish support and subject the property of the obli-

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gor to the order. The support order shall require that payments

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be made to the office of the friend of the court CHILD or the

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state disbursement unit, as appropriate.

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(2) Except as otherwise provided in this section, the court

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shall order support in an amount determined by application of the

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child support formula developed by the state friend of the

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court CHILD bureau. The court may enter an order that deviates

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from the formula if the court determines from the facts of the

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case that application of the child support formula would be

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unjust or inappropriate and sets forth in writing or on the

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record all of the following:

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(a) The support amount determined by application of the

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child support formula.

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(b) How the support order deviates from the child support

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formula.

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(c) The value of property or other support awarded in lieu

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of the payment of child support, if applicable.

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(d) The reasons why application of the child support formula

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would be unjust or inappropriate in the case.

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(3) Subsection (2) does not prohibit the court from entering

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a support order that is agreed to by the parties and that devi-

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ates from the child support formula, if the requirements of sub-

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section (2) are met.

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Sec. 14a. 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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Sec. 17. The court of this state, when acting as a

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responding court, has the following duties which THAT may be

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carried out through the office of the friend of the court

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CHILD:

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(a) To transmit to the initiating court any A payment made

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by the obligor pursuant to any UNDER AN order of the court or

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otherwise.

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(b) To furnish to the initiating court upon request a certi-

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fied statement of all payments made by the obligor.

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Sec. 18. (1) Except as provided in subsection (2), the

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court of this state, when acting as an initiating court, shall

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receive and disburse immediately all payments made by the obligor

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or sent by the responding court.

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(2) If a valid prior and existing support order has been

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issued from a court of this state other than the initiating

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court, the initiating court shall transfer the order to furnish

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support to the court that issued the valid prior and existing

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court order and shall inform the court of the responding state of

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its action. The court that issued the valid prior and existing

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court order shall receive and disburse immediately all payments

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made by the obligor or sent by the responding court.

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(3) The duties described in subsections (1) and (2) may be

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carried out through the office of the friend of the court

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CHILD, the clerk of the court, or the state disbursement unit, as

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appropriate.

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Sec. 29. (1) If this state is acting as a rendering state,

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the friend of the court CHILD upon the request of the court or

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the state department of social services shall proceed to

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register a valid existing support order of this state in the

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state where the obligor or the property of the obligor can be

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located.

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(2) Notwithstanding that this state is not the rendering

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state, the friend of the court CHILD upon the request of a res-

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ident obligee of a valid existing foreign support order shall

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proceed to register the foreign support order in the state where

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the obligor or the property of the obligor can be located.

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(3) If this state is acting as a registering state, the

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friend of the court CHILD upon the request of the court or the

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state department of social services shall proceed to confirm

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a registered order.

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Sec. 30. (1) An obligee seeking to register a foreign sup-

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port order in a court of this state shall transmit to the clerk

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of the court through the interstate central registry of this

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state 3 copies of the order, 1 of which shall be certified, with

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all modifications of the order, 1 copy of the reciprocal enforce-

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ment of support act of the state in which the order was made, and

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a statement verified and signed by the obligee, showing the

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post-office address of the obligee, the last known place of resi-

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dence and post-office address of the obligor, the amount of sup-

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port remaining unpaid, a description and the location of any

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property of the obligor available upon execution, and a list of

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the states in which the order is registered. Upon receipt of

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these documents the clerk of the court, without payment of a

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filing fee or other cost to the obligee, shall file them in the

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registry of foreign support orders. The filing constitutes

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registration under this act.

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(2) Promptly upon registration of the foreign support order,

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the clerk of the court shall docket the case and shall notify the

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friend of the court CHILD of the registration of the foreign

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support order. The friend of the court CHILD shall mail by

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certified or registered mail, return receipt requested, to the

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obligor at the address given, or serve upon the obligor under the

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Michigan court rules, a notice of the registration with a copy of

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the registered support order and the post office address of the

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obligee.

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(3) Within 28 days after service, the obligor may petition

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the court to vacate the registration or to seek other relief. If

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the obligor does not petition the court within 28 days after

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service to vacate the registration or to seek other relief, the

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registered support order is confirmed. If the obligor does peti-

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tion the court to vacate the registration or seek other relief,

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the obligor shall send a copy of the petition to the friend of

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the court CHILD.

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(4) If the obligor petitions the court to vacate the regis-

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tration or for other relief, a hearing shall be scheduled. At

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the hearing, the obligor may present only matters that would be

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available to the obligor as defenses in an action to enforce a

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foreign money judgment. If the obligor shows to the court that

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an appeal from the order is pending or will be taken or that a

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stay of execution has been granted, the court shall stay

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enforcement of the order until the appeal is concluded, the time

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for appeal has expired, or the order is vacated, upon

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satisfactory proof that the obligor has furnished security for

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payment of the support ordered as required by the rendering

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state. If the obligor shows to the court any A ground upon

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which enforcement of a support order of this state may be stayed,

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the court shall stay enforcement of the order for an appropriate

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period if the obligor furnishes the same security for payment of

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the support ordered that is required for a support order of this

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state.

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Sec. 31. (1) If a registered foreign support order has been

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confirmed, it shall be treated in the same manner as a support

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order issued by a court of this state. A registered foreign sup-

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port order has the same effect and is subject to the same proce-

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dures, defenses, and proceedings for reopening, modifying, vacat-

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ing, or staying as a support order of this state and may be

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enforced and satisfied in like manner.

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(2) The friend of the court CHILD shall enforce a con-

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firmed order.

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Sec. 31a. (1) If there is no Michigan support order but

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there is a foreign support order, upon request of the obligee or

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the family independence agency DEPARTMENT if support has been

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assigned to it, the friend of the court CHILD in the county

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where the obligee resides shall inform the source of support pay-

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ments to transmit the payments to the friend of the court CHILD

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or the state disbursement unit, as appropriate.

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(2) The friend of the court CHILD or SDU shall receive,

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record, disburse, and monitor payments made pursuant to the

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UNDER A foreign support order.

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(3) A copy of the foreign support order shall be filed with

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the clerk of the court.

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(4) The filing of a support order pursuant to UNDER this

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section is not a registration as described in section 30.

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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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