March 9, 2006, Introduced by Senators GARCIA, JACOBS, JELINEK, GOSCHKA, TOY and KUIPERS and referred to the Committee on Families and Human Services.
A bill to amend 1982 PA 295, entitled
"Support and parenting time enforcement act,"
(MCL 552.601 to 552.650) by adding section 15a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 15a. (1) If a payer who is called to emergency military
service has a change in income due to that military service that
results in a reduction of income, that change in income shall be
considered a change in circumstances sufficient to sustain a
temporary modification of an existing child support obligation.
(2) Upon receipt of a letter from the commanding officer of a
payer in emergency military service that contains the date of the
commencement of emergency military service and the compensation of
the payer in emergency military service, the friend of the court
shall seek a temporary modification of the existing child support
order to reflect that the payer's military pay is less than his or
her civilian pay. The date the payer reported for military service
shall be considered the date the motion to modify the child support
order was filed.
(3) Within 30 days of discharge from active military duty, the
payer shall notify the office of the friend of the court. The
temporary modification of the child support order shall terminate
on the date of discharge from active military duty, and the friend
of the court shall seek to modify the order of income withholding
or reinstate the prior child support order.
(4) As used in this section, "emergency military service"
means that the payer is a member of a reserve unit or national
guard unit called into active military duty outside the United
States for a period of more than 30 days.