SENATE BILL No. 517

 

 

September 29, 2015, Introduced by Senators MACGREGOR and EMMONS and referred to the Committee on Families, Seniors and Human Services.

 

 

 

     A bill to make uniform the laws relating to support

 

enforcement; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

ARTICLE 1

 

GENERAL PROVISIONS

 

     Sec. 101. This act shall be known and may be cited as the

 

"uniform interstate family support act".

 

     Sec. 102. As used in this act:

 

     (a) "Child" means an individual, whether over or under the age

 

of majority, who is or is alleged to be owed a duty of support by

 

the individual's parent or who is or is alleged to be the

 

beneficiary of a support order directed to the parent.

 

     (b) "Child-support order" means a support order for a child,

 

including a child who has attained the age of majority under the

 


law of the issuing state or foreign country.

 

     (c) "Convention" means the Convention on the International

 

Recovery of Child Support and Other Forms of Family Maintenance,

 

concluded at The Hague on November 23, 2007.

 

     (d) "Duty of support" means an obligation imposed or imposable

 

by law to provide support for a child, spouse, or former spouse,

 

including an unsatisfied obligation to provide support.

 

     (e) "Foreign country" means a country, including a political

 

subdivision thereof, other than the United States, that authorizes

 

the issuance of support orders and 1 or more of the following:

 

     (i) That has been declared under the law of the United States

 

to be a foreign reciprocating country.

 

     (ii) That has established a reciprocal arrangement for child

 

support with this state as provided in section 308.

 

     (iii) That has enacted a law or established procedures for the

 

issuance and enforcement of support orders that are substantially

 

similar to the procedures under this act.

 

     (iv) In which the Convention is in force with respect to the

 

United States.

 

     (f) "Foreign support order" means a support order of a foreign

 

tribunal.

 

     (g) "Foreign tribunal" means a court, administrative agency,

 

or quasi-judicial entity of a foreign country that is authorized to

 

establish, enforce, or modify support orders or to determine

 

parentage of a child. Foreign tribunal includes a competent

 

authority under the Convention.

 

     (h) "Home state" means the state or foreign country in which a


child lived with a parent or a person acting as parent for at least

 

6 consecutive months immediately preceding the time of filing of a

 

petition or comparable pleading for support and, if a child is less

 

than 6 months old, the state or foreign country in which the child

 

lived from birth with any of them. A period of temporary absence of

 

any of them is counted as part of the 6-month or other period.

 

     (i) "Income" includes earnings or other periodic entitlements

 

to money from any source and any other property subject to

 

withholding for support under the law of this state.

 

     (j) "Income-withholding order" means an order or other legal

 

process directed to an obligor's employer or other debtor, as

 

defined by the support and parenting time enforcement act, 1982 PA

 

295, MCL 552.601 to 552.650, to withhold support from the income of

 

the obligor.

 

     (k) "Initiating tribunal" means the tribunal of a state or

 

foreign country from which a petition or comparable pleading is

 

forwarded or in which a petition or comparable pleading is filed

 

for forwarding to another state or foreign country.

 

     (l) "Issuing foreign country" means the foreign country in

 

which a tribunal issues a support order or a judgment determining

 

parentage of a child.

 

     (m) "Issuing state" means the state in which a tribunal issues

 

a support order or a judgment determining parentage of a child.

 

     (n) "Issuing tribunal" means the tribunal of a state or

 

foreign country that issues a support order or a judgment

 

determining parentage of a child.

 

     (o) "Law" includes decisional and statutory law and rules and


regulations having the force of law.

 

     (p) "Obligee" means 1 or more of the following:

 

     (i) An individual to whom a duty of support is or is alleged

 

to be owed or in whose favor a support order or a judgment

 

determining parentage of a child has been issued.

 

     (ii) A foreign country, state, or political subdivision of a

 

state to which the rights under a duty of support or support order

 

have been assigned or which has independent claims based on

 

financial assistance provided to an individual obligee in place of

 

child support.

 

     (iii) An individual seeking a judgment determining parentage

 

of the individual's child.

 

     (iv) A person that is a creditor in a proceeding under article

 

7.

 

     (q) "Obligor" means an individual about whom 1 of the

 

following is true, or the estate of a decedent about whom 1 of the

 

following was true before the individual's death:

 

     (i) Owes or is alleged to owe a duty of support.

 

     (ii) Is alleged but has not been adjudicated to be a parent of

 

a child.

 

     (iii) Is liable under a support order.

 

     (iv) Is a debtor in a proceeding under article 7.

 

     (r) "Outside this state" means a location in another state or

 

a country other than the United States, whether or not the country

 

is a foreign country.

 

     (s) "Person" means an individual, corporation, business trust,

 

estate, trust, partnership, limited liability company, association,


joint venture, public corporation, government or governmental

 

subdivision, agency, or instrumentality, or any other legal or

 

commercial entity.

 

     (t) "Record" means information that is inscribed on a tangible

 

medium or that is stored in an electronic or other medium and is

 

retrievable in perceivable form.

 

     (u) "Register" means to record in a tribunal of this state a

 

support order or judgment determining parentage of a child issued

 

in another state or a foreign country.

 

     (v) "Registering tribunal" means a tribunal in which a support

 

order or judgment determining parentage of a child is registered.

 

     (w) "Responding state" means a state in which a petition or

 

comparable pleading for support or to determine parentage of a

 

child is filed or to which a petition or comparable pleading is

 

forwarded for filing from another state or a foreign country.

 

     (x) "Responding tribunal" means the authorized tribunal in a

 

responding state or foreign country.

 

     (y) "Spousal-support order" means a support order for a spouse

 

or former spouse of the obligor.

 

     (z) "State" means a state of the United States, the District

 

of Columbia, Puerto Rico, the United States Virgin Islands, or any

 

territory or insular possession subject to the jurisdiction of the

 

United States. State includes an Indian nation or tribe.

 

     (aa) "Support enforcement agency" means a public official or

 

governmental entity or private agency authorized to do 1 or more of

 

the following:

 

     (i) Seek enforcement of support orders or laws relating to the


duty of support.

 

     (ii) Seek establishment or modification of child support.

 

     (iii) Request determination of parentage of a child.

 

     (iv) Attempt to locate obligors or their assets.

 

     (v) Request determination of the controlling child-support

 

order.

 

     (bb) "Support order" means a judgment, decree, order,

 

decision, or directive, whether temporary, final, or subject to

 

modification, issued in a state or foreign country for the benefit

 

of a child, a spouse, or a former spouse, that provides for

 

monetary support, health care, arrearages, retroactive support, or

 

reimbursement for financial assistance provided to an individual

 

obligee in place of child support. Support order may include

 

related costs and fees, interest, income withholding, automatic

 

adjustment, reasonable attorney's fees, and other relief.

 

     (cc) "Tribunal" means a court, administrative agency, or

 

quasi-judicial entity authorized to establish, enforce, or modify

 

support orders or to determine parentage of a child.

 

STATE TRIBUNAL AND SUPPORT ENFORCEMENT AGENCY

 

     Sec. 103. (1) The court is the tribunal of this state.

 

     (2) The title IV-D agency as defined by section 2 of the

 

support and parenting time enforcement act, 1982 PA 295, MCL

 

552.602, is the support enforcement agency of this state.

 

     Sec. 104. (1) Remedies provided by this act are cumulative and

 

do not affect the availability of remedies under other law, or the

 

recognition of a support order on the basis of comity.

 

     (2) This act does not do either of the following:


     (a) Provide the exclusive method of establishing or enforcing

 

a support order under the law of this state.

 

     (b) Grant a tribunal of this state jurisdiction to render

 

judgment or issue an order relating to child custody or parenting

 

time in a proceeding under this act.

 

     Sec. 105. (1) A tribunal of this state shall apply articles 1

 

through 6 and, as applicable, article 7, to a support proceeding

 

involving 1 or more of the following:

 

     (a) A foreign support order.

 

     (b) A foreign tribunal.

 

     (c) An obligee, obligor, or child residing in a foreign

 

country.

 

     (2) A tribunal of this state that is requested to recognize

 

and enforce a support order on the basis of comity may apply the

 

procedural and substantive provisions of articles 1 through 6.

 

     (3) Article 7 applies only to a support proceeding under the

 

Convention. In such a proceeding, if a provision of article 7 is

 

inconsistent with articles 1 through 6, article 7 controls.

 

ARTICLE 2

 

JURISDICTION

 

     Sec. 201. (1) In a proceeding to establish or enforce a

 

support order or to determine parentage of a child, a tribunal of

 

this state may exercise personal jurisdiction over a nonresident

 

individual or the individual's guardian or conservator if 1 or more

 

of the following apply:

 

     (a) The individual is personally served with notice within

 

this state.


     (b) The individual submits to the jurisdiction of this state

 

by consent in a record, by entering a general appearance, or by

 

filing a responsive document having the effect of waiving any

 

contest to personal jurisdiction.

 

     (c) The individual resided with the child in this state.

 

     (d) The individual resided in this state and provided prenatal

 

expenses or support for the child.

 

     (e) The child resides in this state as a result of the acts or

 

directives of the individual.

 

     (f) The individual engaged in sexual intercourse in this state

 

and the child may have been conceived by that act of intercourse.

 

     (g) The individual asserted parentage of a child in the

 

central paternity registry maintained in this state by the

 

department of health and human services.

 

     (h) There is any other basis consistent with the constitutions

 

of this state and the United States for the exercise of personal

 

jurisdiction.

 

     (2) The bases of personal jurisdiction set forth in subsection

 

(1) or in any other law of this state may not be used to acquire

 

personal jurisdiction for a tribunal of this state to modify a

 

child support order of another state unless the requirements of

 

section 611 are met, or in the case of a foreign support order,

 

unless the requirements of section 615 are met.

 

     Sec. 202. Personal jurisdiction acquired by a tribunal of this

 

state in a proceeding under this act or other law of this state

 

relating to a support order continues as long as a tribunal of this

 

state has continuing, exclusive jurisdiction to modify its order or


continuing jurisdiction to enforce its order as provided by

 

sections 205, 206, and 211.

 

     Sec. 203. Under this act, a tribunal of this state may serve

 

as an initiating tribunal to forward proceedings to a tribunal of

 

another state, and as a responding tribunal for proceedings

 

initiated in another state or a foreign country.

 

     Sec. 204. (1) A tribunal of this state may exercise

 

jurisdiction to establish a support order if the petition or

 

comparable pleading is filed after a pleading is filed in another

 

state or a foreign country only if 1 of the following applies:

 

     (a) The petition or comparable pleading in this state is filed

 

before the expiration of the time allowed in the other state or the

 

foreign country for filing a responsive pleading challenging the

 

exercise of jurisdiction by the other state or the foreign country.

 

     (b) The contesting party timely challenges the exercise of

 

jurisdiction in the other state or foreign country.

 

     (c) If relevant, this state is the home state of the child.

 

     (2) A tribunal of this state may not exercise jurisdiction to

 

establish a support order if the petition or comparable pleading is

 

filed before a petition or comparable pleading is filed in another

 

state or a foreign country if all of the following apply:

 

     (a) The petition or comparable pleading in the other state or

 

foreign country is filed before the expiration of the time allowed

 

in this state for filing a responsive pleading challenging the

 

exercise of jurisdiction by this state.

 

     (b) The contesting party timely challenges the exercise of

 

jurisdiction in this state.


     (c) If relevant, the other state or foreign country is the

 

home state of the child.

 

CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY CHILD-SUPPORT ORDER

 

     Sec. 205. (1) A tribunal of this state that has issued a

 

child-support order consistent with the law of this state has and

 

shall exercise continuing, exclusive jurisdiction to modify its

 

child-support order if the order is the controlling order and

 

either of the following applies:

 

     (a) At the time of the filing of a request for modification,

 

this state is the residence of the obligor, the individual obligee,

 

or the child for whose benefit the support order is issued.

 

     (b) Even if this state is not the residence of the obligor,

 

the individual obligee, or the child for whose benefit the support

 

order is issued, the parties consent in a record or in open court

 

that the tribunal of this state may continue to exercise

 

jurisdiction to modify its order.

 

     (2) A tribunal of this state that has issued a child-support

 

order consistent with the law of this state may not exercise

 

continuing, exclusive jurisdiction to modify the order if either of

 

the following applies:

 

     (a) All of the parties who are individuals file consent in a

 

record with the tribunal of this state that a tribunal of another

 

state that has jurisdiction over at least 1 of the parties who is

 

an individual or that is located in the state of residence of the

 

child may modify the order and assume continuing, exclusive

 

jurisdiction.

 

     (b) Its order is not the controlling order.


     (3) If a tribunal of another state has issued a child-support

 

order according to the uniform interstate family support act or a

 

law substantially similar to that act that modifies a child-support

 

order of a tribunal of this state, tribunals of this state shall

 

recognize the continuing, exclusive jurisdiction of the tribunal of

 

the other state.

 

     (4) A tribunal of this state that lacks continuing, exclusive

 

jurisdiction to modify a child-support order may serve as an

 

initiating tribunal to request a tribunal of another state to

 

modify a support order issued in that state.

 

     (5) A temporary support order issued ex parte or pending

 

resolution of a jurisdictional conflict does not create continuing,

 

exclusive jurisdiction in the issuing tribunal.

 

     Sec. 206. (1) A tribunal of this state that has issued a

 

child-support order consistent with the law of this state may serve

 

as an initiating tribunal to request a tribunal of another state to

 

enforce either of the following:

 

     (a) The order if the order is the controlling order and has

 

not been modified by a tribunal of another state that assumed

 

jurisdiction according the uniform interstate family support act.

 

     (b) A money judgment for arrears of support and interest on

 

the order accrued before a determination that an order of a

 

tribunal of another state is the controlling order.

 

     (2) A tribunal of this state having continuing jurisdiction

 

over a support order may act as a responding tribunal to enforce

 

the order.

 

     Sec. 207. (1) If a proceeding is brought under this act and


only 1 tribunal has issued a child-support order, the order of that

 

tribunal controls and must be so recognized.

 

     (2) If a proceeding is brought under this act, and 2 or more

 

child-support orders have been issued by tribunals of this state,

 

another state, or a foreign country with regard to the same obligor

 

and same child, a tribunal of this state having personal

 

jurisdiction over both the obligor and individual obligee shall

 

apply the following rules and by order shall determine which order

 

controls and must be recognized:

 

     (a) If only 1 of the tribunals would have continuing,

 

exclusive jurisdiction under this act, the order of that tribunal

 

controls and must be so recognized.

 

     (b) If more than 1 of the tribunals would have continuing,

 

exclusive jurisdiction under this act, 1 of the following applies:

 

     (i) An order issued by a tribunal in the current home state of

 

the child controls.

 

     (ii) If an order has not been issued in the current home state

 

of the child, the order most recently issued controls.

 

     (c) If none of the tribunals would have continuing, exclusive

 

jurisdiction under this act, the tribunal of this state shall issue

 

a child-support order, which controls.

 

     (3) If 2 or more child-support orders have been issued for the

 

same obligor and same child, upon request of a party who is an

 

individual or that is a support enforcement agency, a tribunal of

 

this state having personal jurisdiction over both the obligor and

 

the obligee who is an individual shall determine which order

 

controls under subsection (2). The request may be filed with a


registration for enforcement or registration for modification under

 

article 6 or may be filed as a separate proceeding.

 

     (4) A request to determine which is the controlling order must

 

be accompanied by a copy of every child-support order in effect and

 

the applicable record of payments. The requesting party shall give

 

notice of the request to each party whose rights may be affected by

 

the determination.

 

     (5) The tribunal that issued the controlling order under

 

subsection (1), (2), or (3) has continuing jurisdiction to the

 

extent provided in section 205 or 206.

 

     (6) A tribunal of this state that determines by order which is

 

the controlling order under subsection (2)(a) or (b) or subsection

 

(3), or that issues a new controlling order under subsection

 

(2)(c), shall state the following in that order:

 

     (a) The basis upon which the tribunal made its determination.

 

     (b) The amount of prospective support, if any.

 

     (c) The total amount of consolidated arrears and accrued

 

interest, if any, under all of the orders after all payments made

 

are credited as provided by section 209.

 

     (7) Within 30 days after issuance of an order determining

 

which is the controlling order, the party obtaining the order shall

 

file a certified copy of it in each tribunal that issued or

 

registered an earlier order of child support. A party or support

 

enforcement agency obtaining the order that fails to file a

 

certified copy is subject to appropriate sanctions by a tribunal in

 

which the issue of failure to file arises. The failure to file does

 

not affect the validity or enforceability of the controlling order.


     (8) An order that has been determined to be the controlling

 

order, or a judgment for consolidated arrears of support and

 

interest, if any, made under this section must be recognized in

 

proceedings under this act.

 

     Sec. 208. In responding to registrations or petitions for

 

enforcement of 2 or more child-support orders in effect at the same

 

time with regard to the same obligor and different individual

 

obligees, at least 1 of which was issued by a tribunal of another

 

state or a foreign country, a tribunal of this state shall enforce

 

those orders in the same manner as if the orders had been issued by

 

a tribunal of this state.

 

     Sec. 209. A tribunal of this state shall credit amounts

 

collected for a particular period according to any child-support

 

order against the amounts owed for the same period under any other

 

child-support order for support of the same child issued by a

 

tribunal of this state, another state, or a foreign country.

 

     Sec. 210. A tribunal of this state exercising personal

 

jurisdiction over a nonresident in a proceeding under this act,

 

under other law of this state relating to a support order, or

 

recognizing a foreign support order may receive evidence from

 

outside this state under section 316, communicate with a tribunal

 

outside this state under section 317, and obtain discovery through

 

a tribunal outside this state under section 318. In all other

 

respects, articles 3 through 6 do not apply, and the tribunal shall

 

apply the procedural and substantive law of this state.

 

     Sec. 211. (1) A tribunal of this state issuing a spousal-

 

support order consistent with the law of this state has continuing,


exclusive jurisdiction to modify the spousal-support order

 

throughout the existence of the support obligation.

 

     (2) A tribunal of this state may not modify a spousal-support

 

order issued by a tribunal of another state or a foreign country

 

having continuing, exclusive jurisdiction over that order under the

 

law of that state or foreign country.

 

     (3) A tribunal of this state that has continuing, exclusive

 

jurisdiction over a spousal-support order may serve as either of

 

the following:

 

     (a) An initiating tribunal to request a tribunal of another

 

state to enforce the spousal-support order issued in this state.

 

     (b) A responding tribunal to enforce or modify its own

 

spousal-support order.

 

ARTICLE 3

 

CIVIL PROVISIONS OF GENERAL APPLICATION

 

     Sec. 301. (1) Except as otherwise provided in this act, this

 

article applies to all proceedings under this act.

 

     (2) An individual petitioner or a support enforcement agency

 

may initiate a proceeding authorized under this act by filing a

 

petition in an initiating tribunal for forwarding to a responding

 

tribunal or by filing a petition or a comparable pleading directly

 

in a tribunal of another state or a foreign country that has or can

 

obtain personal jurisdiction over the respondent.

 

     Sec. 302. A minor parent, or a guardian or other legal

 

representative of a minor parent, may maintain a proceeding on

 

behalf of or for the benefit of the minor's child.

 

     Sec. 303. Except as otherwise provided in this act, a


responding tribunal of this state shall do both of the following:

 

     (a) Apply the procedural and substantive law, generally

 

applicable to similar proceedings originating in this state and may

 

exercise all powers and provide all remedies available in those

 

proceedings.

 

     (b) Determine the duty of support and the amount payable in

 

accordance with the law and support guidelines of this state.

 

     Sec. 304. (1) Upon the filing of a petition authorized by this

 

act, an initiating tribunal of this state shall forward the

 

petition and its accompanying documents as follows:

 

     (a) To the responding tribunal or appropriate support

 

enforcement agency in the responding state.

 

     (b) If the identity of the responding tribunal is unknown, to

 

the state information agency of the responding state with a request

 

that they be forwarded to the appropriate tribunal and that receipt

 

be acknowledged.

 

     (2) If requested by the responding tribunal, a tribunal of

 

this state shall issue a certificate or other document and make

 

findings required by the law of the responding state. If the

 

responding tribunal is in a foreign country, upon request the

 

tribunal of this state shall specify the amount of support sought,

 

convert that amount into the equivalent amount in the foreign

 

currency under applicable official or market exchange rate as

 

publicly reported, and provide any other documents necessary to

 

satisfy the requirements of the responding foreign tribunal.

 

     Sec. 305. (1) When a responding tribunal of this state

 

receives a petition or comparable pleading from an initiating


tribunal or directly under section 301(1), it shall cause the

 

petition or pleading to be filed and notify the petitioner where

 

and when it was filed.

 

     (2) A responding tribunal of this state, to the extent not

 

prohibited by other law, may do 1 or more of the following:

 

     (a) Establish or enforce a support order, modify a child-

 

support order, determine the controlling child-support order, or

 

determine parentage of a child.

 

     (b) Order an obligor to comply with a support order,

 

specifying the amount and the manner of compliance.

 

     (c) Order income withholding.

 

     (d) Determine the amount of any arrearages and specify a

 

method of payment.

 

     (e) Enforce orders by civil or criminal contempt, or both.

 

     (f) Set aside property for satisfaction of the support order.

 

     (g) Place liens and order execution on the obligor's property.

 

     (h) Order an obligor to keep the tribunal informed of the

 

obligor's current residential address, electronic-mail address,

 

telephone number, employer, address of employment, and telephone

 

number at the place of employment.

 

     (i) Issue a bench warrant for an obligor who has failed after

 

proper notice to appear at a hearing ordered by the tribunal and

 

enter the bench warrant in any local and state computer systems for

 

criminal warrants.

 

     (j) Order the obligor to seek appropriate employment by

 

specified methods.

 

     (k) Award reasonable attorney's fees and other fees and costs.


     (l) Grant any other available remedy.

 

     (3) A responding tribunal of this state shall include in a

 

support order issued under this act, or in the documents

 

accompanying the order, the calculations on which the support order

 

is based.

 

     (4) A responding tribunal of this state may not condition the

 

payment of a support order issued under this act upon compliance by

 

a party with provisions for visitation.

 

     (5) If a responding tribunal of this state issues an order

 

under this act, the tribunal shall send a copy of the order to the

 

petitioner and the respondent and to the initiating tribunal, if

 

any.

 

     (6) If requested to enforce a support order, arrears, or

 

judgment or modify a support order stated in a foreign currency, a

 

responding tribunal of this state shall convert the amount stated

 

in the foreign currency to the equivalent amount in dollars under

 

the applicable official or market exchange rate as publicly

 

reported.

 

     Sec. 306. If a petition or comparable pleading is received by

 

an inappropriate tribunal of this state, the tribunal shall forward

 

the pleading and accompanying documents to an appropriate tribunal

 

in this state or another state and notify the petitioner where and

 

when the pleading was sent.

 

     Sec. 307. (1) In a proceeding under this act, a support

 

enforcement agency of this state, upon request:

 

     (a) Shall provide services to a petitioner residing in a

 

state.


     (b) Shall provide services to a petitioner requesting services

 

through a central authority of a foreign country as described in

 

section 102(e)(i) or (iv).

 

     (c) May provide services to a petitioner who is an individual

 

not residing in a state.

 

     (2) A support enforcement agency of this state that is

 

providing services to the petitioner shall do the following:

 

     (a) Take all steps necessary to enable an appropriate tribunal

 

of this state, another state, or a foreign country to obtain

 

jurisdiction over the respondent.

 

     (b) Request an appropriate tribunal to set a date, time, and

 

place for a hearing.

 

     (c) Make a reasonable effort to obtain all relevant

 

information, including information as to income and property of the

 

parties.

 

     (d) Within 5 days, exclusive of Saturdays, Sundays, and legal

 

holidays, after receipt of notice in a record from an initiating,

 

responding, or registering tribunal, send a copy of the notice to

 

the petitioner.

 

     (e) Within 5 days, exclusive of Saturdays, Sundays, and legal

 

holidays, after receipt of communication in a record from the

 

respondent or the respondent's attorney, send a copy of the

 

communication to the petitioner.

 

     (f) Notify the petitioner if jurisdiction over the respondent

 

cannot be obtained.

 

     (3) A support enforcement agency of this state that requests

 

registration of a child-support order in this state for enforcement


or for modification shall make reasonable efforts to do the

 

following:

 

     (a) Ensure that the order to be registered is the controlling

 

order.

 

     (b) If 2 or more child-support orders exist and the identity

 

of the controlling order has not been determined, ensure that a

 

request for such a determination is made in a tribunal having

 

jurisdiction to do so.

 

     (4) A support enforcement agency of this state that requests

 

registration and enforcement of a support order, arrears, or

 

judgment stated in a foreign currency shall convert the amounts

 

stated in the foreign currency into the equivalent amounts in

 

dollars under the applicable official or market exchange rate as

 

publicly reported.

 

     (5) A support enforcement agency of this state shall request a

 

tribunal of this state to issue a child-support order and an

 

income-withholding order that redirect payment of current support,

 

arrears, and interest if requested to do so by a support

 

enforcement agency of another state under section 319.

 

     (6) This act does not create or negate a relationship of

 

attorney and client or other fiduciary relationship between a

 

support enforcement agency or the attorney for the agency and the

 

individual being assisted by the agency.

 

     Sec. 308. (1) If the attorney general determines that the

 

support enforcement agency is neglecting or refusing to provide

 

services to an individual, the attorney general may order the

 

agency to perform its duties under this act or may provide those


services directly to the individual.

 

     (2) The attorney general may determine that a foreign country

 

has established a reciprocal arrangement for child support with

 

this state and take appropriate action for notification of the

 

determination.

 

     Sec. 309. An individual may employ private counsel to

 

represent the individual in proceedings authorized by this act.

 

     Sec. 310. (1) The office of child support is the state

 

information agency under this act.

 

     (2) The state information agency shall do the following:

 

     (a) Compile and maintain a current list, including addresses,

 

of the tribunals in this state that have jurisdiction under this

 

act and any support enforcement agencies in this state and transmit

 

a copy to the state information agency of every other state.

 

     (b) Maintain a register of names and addresses of tribunals

 

and support enforcement agencies received from other states.

 

     (c) Forward to the appropriate tribunal in the county in this

 

state in which the obligee who is an individual or the obligor

 

resides, or in which the obligor's property is believed to be

 

located, all documents concerning a proceeding under this act

 

received from another state or a foreign country.

 

     (d) Obtain information concerning the location of the obligor

 

and the obligor's property within this state not exempt from

 

execution, by such means as postal verification and federal or

 

state locator services, examination of telephone directories,

 

requests for the obligor's address from employers, and examination

 

of governmental records, including, to the extent not prohibited by


other law, those relating to real property, vital statistics, law

 

enforcement, taxation, motor vehicles, driver's licenses, and

 

social security.

 

     Sec. 311. (1) In a proceeding under this act, a petitioner

 

seeking to establish a support order, to determine parentage of a

 

child, or to register and modify a support order of a tribunal of

 

another state or a foreign country must file a petition. Unless

 

otherwise ordered under section 312, the petition or accompanying

 

documents must provide, so far as known, the name, residential

 

address, and social security numbers of the obligor and the obligee

 

or the parent and alleged parent, and the name, sex, residential

 

address, social security number, and date of birth of each child

 

for whose benefit support is sought or whose parentage is to be

 

determined. Unless filed at the time of registration, the petition

 

must be accompanied by a copy of any support order known to have

 

been issued by another tribunal. The petition may include any other

 

information that may assist in locating or identifying the

 

respondent.

 

     (2) The petition must specify the relief sought. The petition

 

and accompanying documents must conform substantially with the

 

requirements imposed by the forms mandated by federal law for use

 

in cases filed by a support enforcement agency.

 

     Sec. 312. If a party alleges in an affidavit or a pleading

 

under oath that the health, safety, or liberty of a party or child

 

would be jeopardized by disclosure of specific identifying

 

information, that information must be sealed and may not be

 

disclosed to the other party or the public. After a hearing in


which a tribunal takes into consideration the health, safety, or

 

liberty of the party or child, the tribunal may order disclosure of

 

information that the tribunal determines to be in the interest of

 

justice.

 

     Sec. 313. (1) The petitioner may not be required to pay a

 

filing fee or other costs.

 

     (2) If an obligee prevails, a responding tribunal of this

 

state may assess against an obligor filing fees, reasonable

 

attorney's fees, other costs, and necessary travel and other

 

reasonable expenses incurred by the obligee and the obligee's

 

witnesses. The tribunal may not assess fees, costs, or expenses

 

against the obligee or the support enforcement agency of either the

 

initiating or the responding state or foreign country, except as

 

provided by other law. Attorney's fees may be taxed as costs, and

 

may be ordered paid directly to the attorney, who may enforce the

 

order in the attorney's own name. Payment of support owed to the

 

obligee has priority over fees, costs, and expenses.

 

     (3) The tribunal shall order the payment of costs and

 

reasonable attorney's fees if it determines that a hearing was

 

requested primarily for delay. In a proceeding under article 6, a

 

hearing is presumed to have been requested primarily for delay if a

 

registered support order is confirmed or enforced without change.

 

     Sec. 314. (1) Participation by a petitioner in a proceeding

 

under this act before a responding tribunal, whether in person, by

 

private attorney, or through services provided by the support

 

enforcement agency, does not confer personal jurisdiction over the

 

petitioner in another proceeding.


     (2) A petitioner is not amenable to service of civil process

 

while physically present in this state to participate in a

 

proceeding under this act.

 

     (3) The immunity granted by this section does not extend to

 

civil litigation based on acts unrelated to a proceeding under this

 

act committed by a party while physically present in this state to

 

participate in the proceeding.

 

     Sec. 315. A party whose parentage of a child has been

 

previously determined by or according to law may not plead

 

nonparentage as a defense to a proceeding under this act.

 

     Sec. 316. (1) The physical presence of a nonresident party who

 

is an individual in a tribunal of this state is not required for

 

the establishment, enforcement, or modification of a support order

 

or the rendition of a judgment determining parentage of a child.

 

     (2) An affidavit, a document substantially complying with

 

federally mandated forms, or a document incorporated by reference

 

in any of them, that would not be excluded under the hearsay rule

 

if given in person, is admissible in evidence if given under

 

penalty of perjury by a party or witness residing outside this

 

state.

 

     (3) A copy of the record of child-support payments certified

 

as a true copy of the original by the custodian of the record may

 

be forwarded to a responding tribunal. The copy is evidence of

 

facts asserted in it, and is admissible to show whether payments

 

were made.

 

     (4) Copies of bills for testing for parentage of a child, and

 

for prenatal and postnatal health care of the mother and child,


furnished to the adverse party at least 10 days before trial, are

 

admissible in evidence to prove the amount of the charges billed

 

and that the charges were reasonable, necessary, and customary.

 

     (5) Documentary evidence transmitted from outside this state

 

to a tribunal of this state by telephone, telecopier, or other

 

electronic means that do not provide an original record may not be

 

excluded from evidence on an objection based on the means of

 

transmission.

 

     (6) In a proceeding under this act, a tribunal of this state

 

shall permit a party or witness residing outside this state to be

 

deposed or to testify under penalty of perjury by telephone,

 

audiovisual means, or other electronic means at a designated

 

tribunal or other location. A tribunal of this state shall

 

cooperate with other tribunals in designating an appropriate

 

location for the deposition or testimony.

 

     (7) If a party called to testify at a civil hearing refuses to

 

answer on the ground that the testimony may be self-incriminating,

 

the trier of fact may draw an adverse inference from the refusal.

 

     (8) A privilege against disclosure of communications between

 

spouses does not apply in a proceeding under this act.

 

     (9) The defense of immunity based on the relationship of

 

husband and wife or parent and child does not apply in a proceeding

 

under this act.

 

     (10) A voluntary acknowledgment of paternity, certified as a

 

true copy, is admissible to establish parentage of the child.

 

     Sec. 317. A tribunal of this state may communicate with a

 

tribunal outside this state in a record, or by telephone,


electronic mail, or other means, to obtain information concerning

 

the laws, the legal effect of a judgment, decree, or order of that

 

tribunal, and the status of a proceeding. A tribunal of this state

 

may furnish similar information by similar means to a tribunal of

 

outside this state.

 

     Sec. 318. A tribunal of this state may do the following:

 

     (a) Request a tribunal outside this state to assist in

 

obtaining discovery.

 

     (b) Upon request, compel a person over which it has

 

jurisdiction to respond to a discovery order issued by a tribunal

 

outside this state.

 

     Sec. 319. (1) A support enforcement agency or tribunal of this

 

state shall disburse promptly any amounts received under a support

 

order, as directed by the order. The agency or tribunal shall

 

furnish to a requesting party or tribunal of another state or a

 

foreign country a certified statement by the custodian of the

 

record of the amounts and dates of all payments received.

 

     (2) If neither the obligor, nor the obligee who is an

 

individual, nor the child resides in this state, upon request from

 

the support enforcement agency of this state or another state, the

 

support enforcement agency of this state or a tribunal of this

 

state shall do the following:

 

     (a) Direct that the support payment be made to the support

 

enforcement agency in the state in which the obligee is receiving

 

services.

 

     (b) Issue and send to the obligor's employer a conforming

 

income-withholding order or an administrative notice of change of


payee, reflecting the redirected payments.

 

     (3) The support enforcement agency of this state receiving

 

redirected payments from another state under a law similar to

 

subsection (2) shall furnish to a requesting party or tribunal of

 

the other state a certified statement by the custodian of the

 

record of the amount and dates of all payments received.

 

ARTICLE 4

 

ESTABLISHMENT OF SUPPORT ORDER

 

     Sec. 401. (1) If a support order entitled to recognition under

 

this act has not been issued, a responding tribunal of this state

 

with personal jurisdiction over the parties may issue a support

 

order if either of the following apply:

 

     (a) The individual seeking the order resides outside this

 

state.

 

     (b) The support enforcement agency seeking the order is

 

located outside this state.

 

     (2) The tribunal may issue a temporary child-support order if

 

the tribunal determines that a temporary child-support order is

 

appropriate and the individual ordered to pay is any of the

 

following:

 

     (a) A presumed father of the child.

 

     (b) Petitioning to have his paternity adjudicated.

 

     (c) Identified as the father of the child through genetic

 

testing.

 

     (d) An alleged father who has declined to submit to genetic

 

testing.

 

     (e) Shown by clear and convincing evidence to be the father of


the child.

 

     (f) An acknowledged father as provided by the acknowledgment

 

of parentage act, 1996 PA 305, MCL 722.1001 to 722.1013.

 

     (g) The mother of the child.

 

     (h) An individual who has been ordered to pay child support in

 

a previous proceeding and the order has not been reversed or

 

vacated.

 

     (3) Upon finding, after notice and opportunity to be heard,

 

that an obligor owes a duty of support, the tribunal shall issue a

 

support order directed to the obligor and may issue other orders

 

under section 305.

 

     Sec. 402. A tribunal of this state authorized to determine

 

parentage of a child may serve as a responding tribunal in a

 

proceeding to determine parentage of a child brought under this act

 

or a law or procedure substantially similar to this act.

 

ARTICLE 5

 

ENFORCEMENT OF SUPPORT ORDER WITHOUT REGISTRATION

 

     Sec. 501. An income-withholding order issued in another state

 

may be sent by or on behalf of the obligee, or by the support

 

enforcement agency, to the person defined as the obligor's employer

 

under section 2 of the support and parenting time enforcement act,

 

1982 PA 295, MCL 552.602, without first filing a petition or

 

comparable pleading or registering the order with a tribunal of

 

this state.

 

     Sec. 502. (1) Upon receipt of an income-withholding order, the

 

obligor's employer shall immediately provide a copy of the order to

 

the obligor.


     (2) The employer shall treat an income-withholding order

 

issued in another state that appears regular on its face as if it

 

had been issued by a tribunal of this state.

 

     (3) Except as otherwise provided in subsection (4) and section

 

503, the employer shall withhold and distribute the funds as

 

directed in the withholding order by complying with terms of the

 

order that specify the following:

 

     (a) The duration and amount of periodic payments of current

 

child-support, stated as a sum certain.

 

     (b) The person designated to receive payments and the address

 

to which the payments are to be forwarded.

 

     (c) Medical support, whether in the form of periodic cash

 

payment, stated as a sum certain, or ordering the obligor to

 

provide health insurance coverage for the child under a policy

 

available through the obligor's employment.

 

     (d) The amount of periodic payments of fees and costs for a

 

support enforcement agency, the issuing tribunal, and the obligee's

 

attorney, stated as sums certain.

 

     (e) The amount of periodic payments of arrearages and interest

 

on arrearages, stated as sums certain.

 

     (4) An employer shall comply with the law of the state of the

 

obligor's principal place of employment for withholding from income

 

with respect to the following:

 

     (a) The employer's fee for processing an income-withholding

 

order.

 

     (b) The maximum amount permitted to be withheld from the

 

obligor's income.


     (c) The times within which the employer must implement the

 

withholding order and forward the child-support payment.

 

     Sec. 503. If an obligor's employer receives 2 or more income-

 

withholding orders with respect to the earnings of the same

 

obligor, the employer satisfies the terms of the orders if the

 

employer complies with the law of the state of the obligor's

 

principal place of employment to establish the priorities for

 

withholding and allocating income withheld for 2 or more child-

 

support obligees.

 

     Sec. 504. An employer that complies with an income-withholding

 

order issued in another state in accordance with this article is

 

not subject to civil liability to an individual or agency with

 

regard to the employer's withholding of child support from the

 

obligor's income.

 

     Sec. 505. An employer that willfully fails to comply with an

 

income-withholding order issued in another state and received for

 

enforcement is subject to the same penalties that may be imposed

 

for noncompliance with an order issued by a tribunal of this state.

 

     Sec. 506. (1) An obligor may contest the validity or

 

enforcement of an income-withholding order issued in another state

 

and received directly by an employer in this state by registering

 

the order in a tribunal of this state and filing a contest to that

 

order as provided in article 6, or otherwise contesting the order

 

in the same manner as if the order had been issued by a tribunal of

 

this state.

 

     (2) The obligor shall give notice of the contest to all of the

 

following:


     (a) A support enforcement agency providing services to the

 

obligee.

 

     (b) Each employer that has directly received an income-

 

withholding order relating to the obligor.

 

     (c) The person designated to receive payments in the income-

 

withholding order or, if no person is designated, to the obligee.

 

     Sec. 507. (1) A party or support enforcement agency seeking to

 

enforce a support order or an income-withholding order, or both,

 

issued in another state or a foreign support order may send the

 

documents required for registering the order to a support

 

enforcement agency of this state.

 

     (2) Upon receipt of the documents, the support enforcement

 

agency, without initially seeking to register the order, shall

 

consider and, if appropriate, use any administrative procedure

 

authorized by the law of this state to enforce a support order or

 

an income-withholding order, or both. If the obligor does not

 

contest administrative enforcement, the order need not be

 

registered. If the obligor contests the validity or administrative

 

enforcement of the order, the support enforcement agency shall

 

register the order according to this act.

 

ARTICLE 6

 

REGISTRATION, ENFORCEMENT, AND MODIFICATION OF SUPPORT ORDER

 

PART 1

 

REGISTRATION FOR ENFORCEMENT OF SUPPORT ORDER

 

     Sec. 601. A support order or income-withholding order issued

 

in another state or a foreign support order may be registered in

 

this state for enforcement.


     Sec. 602. (1) Except as provided in section 706, a support

 

order or income-withholding order of another state or a foreign

 

support order may be registered in this state by sending the

 

following records to the appropriate tribunal in this state:

 

     (a) A letter of transmittal to the tribunal requesting

 

registration and enforcement.

 

     (b) Two copies, including one certified copy, of the order to

 

be registered, including any modification of the order.

 

     (c) A sworn statement by the person requesting registration or

 

a certified statement by the custodian of the records showing the

 

amount of any arrearage.

 

     (d) The name of the obligor and, if known, the following:

 

     (i) The obligor's address and social security number.

 

     (ii) The name and address of the obligor's employer and any

 

other source of income of the obligor.

 

     (iii) A description and the location of property of the

 

obligor in this state not exempt from execution.

 

     (e) Except as otherwise provided in section 312, the name and

 

address of the obligee and, if applicable, the person to whom

 

support payments are to be remitted.

 

     (2) On receipt of a request for registration, the registering

 

tribunal shall cause the order to be filed as an order of a

 

tribunal of another state or a foreign support order, together with

 

1 copy of the documents and information, regardless of their form.

 

     (3) A petition or comparable pleading seeking a remedy that

 

must be affirmatively sought under other law of this state may be

 

filed at the same time as the request for registration or later.


The pleading must specify the grounds for the remedy sought.

 

     (4) If 2 or more orders are in effect, the person requesting

 

registration shall do the following:

 

     (a) Furnish to the tribunal a copy of every support order

 

asserted to be in effect in addition to the documents specified in

 

this section.

 

     (b) Specify the order alleged to be the controlling order, if

 

any.

 

     (c) Specify the amount of consolidated arrears, if any.

 

     (4) A request for a determination of which is the controlling

 

order may be filed separately or with a request for registration

 

and enforcement or for registration and modification. The person

 

requesting registration shall give notice of the request to each

 

party whose rights may be affected by the determination.

 

     Sec. 603. (1) A support order or income-withholding order

 

issued in another state or a foreign support order is registered

 

when the order is filed in the registering tribunal of this state.

 

     (2) A registered support order issued in another state or a

 

foreign country is enforceable in the same manner and is subject to

 

the same procedures as an order issued by a tribunal of this state.

 

     (3) Except as otherwise provided in this act, a tribunal of

 

this state shall recognize and enforce, but may not modify, a

 

registered support order if the issuing tribunal had jurisdiction.

 

     Sec. 604. (1) Except as otherwise provided in subsection (4),

 

the law of the issuing state or foreign country governs all of the

 

following:

 

     (a) The nature, extent, amount, and duration of current


payments under a registered support order.

 

     (b) The computation and payment of arrearages and accrual of

 

interest on the arrearages under the support order.

 

     (c) The existence and satisfaction of other obligations under

 

the support order.

 

     (2) In a proceeding for arrears under a registered support

 

order, the statute of limitation of this state or of the issuing

 

state or foreign country, whichever is longer, applies.

 

     (3) A responding tribunal of this state shall apply the

 

procedures and remedies of this state to enforce current support

 

and collect arrears and interest due on a support order of another

 

state or a foreign country registered in this state.

 

     (4) After a tribunal of this state or another state determines

 

which is the controlling order and issues an order consolidating

 

arrears, if any, a tribunal of this state shall prospectively apply

 

the law of the state or foreign country issuing the controlling

 

order, including its law on interest on arrears, on current and

 

future support, and on consolidated arrears.

 

PART 2

 

CONTEST OF VALIDITY OR ENFORCEMENT

 

     Sec. 605. (1) When a support order or income-withholding order

 

issued in another state or a foreign support order is registered,

 

the registering tribunal of this state shall notify the

 

nonregistering party. The notice must be accompanied by a copy of

 

the registered order and the documents and relevant information

 

accompanying the order.

 

     (2) A notice must inform the nonregistering party of the


following:

 

     (a) That a registered order is enforceable as of the date of

 

registration in the same manner as an order issued by a tribunal of

 

this state.

 

     (b) That a hearing to contest the validity or enforcement of

 

the registered order must be requested within 20 days after notice

 

unless the registered order is under section 707.

 

     (c) That failure to contest the validity or enforcement of the

 

registered order in a timely manner will result in confirmation of

 

the order and enforcement of the order and the alleged arrearages.

 

     (d) The amount of any alleged arrearages.

 

     (3) If the registering party asserts that 2 or more orders are

 

in effect, a notice must also do the following:

 

     (a) Identify the 2 or more orders and the order alleged by the

 

registering party to be the controlling order and the consolidated

 

arrears, if any.

 

     (b) Notify the nonregistering party of the right to a

 

determination of which is the controlling order.

 

     (c) State that the procedures provided in subsection (2) apply

 

to the determination of which is the controlling order.

 

     (d) State that failure to contest the validity or enforcement

 

of the order alleged to be the controlling order in a timely manner

 

may result in confirmation that the order is the controlling order.

 

     (4) Upon registration of an income-withholding order for

 

enforcement, the support enforcement agency or the registering

 

tribunal shall notify the obligor's employer according to the

 

income-withholding law of this state.


     Sec. 606. (1) A nonregistering party seeking to contest the

 

validity or enforcement of a registered order in this state shall

 

request a hearing within the time required by section 605. The

 

nonregistering party may seek to vacate the registration, to assert

 

any defense to an allegation of noncompliance with the registered

 

order, or to contest the remedies being sought or the amount of any

 

alleged arrearages according to section 607.

 

     (2) If the nonregistering party fails to contest the validity

 

or enforcement of the registered support order in a timely manner,

 

the order is confirmed by operation of law.

 

     (3) If a nonregistering party requests a hearing to contest

 

the validity or enforcement of the registered order, the

 

registering tribunal shall schedule the matter for hearing and give

 

notice to the parties of the date, time, and place of the hearing.

 

     Sec. 607. (1) A party contesting the validity or enforcement

 

of a registered support order or seeking to vacate the registration

 

has the burden of proving 1 or more of the following defenses:

 

     (a) The issuing tribunal lacked personal jurisdiction over the

 

contesting party.

 

     (b) The order was obtained by fraud.

 

     (c) The order has been vacated, suspended, or modified by a

 

later order.

 

     (d) The issuing tribunal has stayed the order pending appeal.

 

     (e) There is a defense under the law of this state to the

 

remedy sought.

 

     (f) Full or partial payment has been made.

 

     (g) The statute of limitation under section 604 precludes


enforcement of some or all of the alleged arrearages.

 

     (h) The alleged controlling order is not the controlling

 

order.

 

     (2) If a party presents evidence establishing a full or

 

partial defense under subsection (1), a tribunal may stay

 

enforcement of a registered support order, continue the proceeding

 

to permit production of additional relevant evidence, and issue

 

other appropriate orders. An uncontested portion of the registered

 

support order may be enforced by all remedies available under the

 

law of this state.

 

     (3) If the contesting party does not establish a defense under

 

subsection (1) to the validity or enforcement of a registered

 

support order, the registering tribunal shall issue an order

 

confirming the order.

 

     Sec. 608. Confirmation of a registered support order, whether

 

by operation of law or after notice and hearing, precludes further

 

contest of the order with respect to any matter that could have

 

been asserted at the time of registration.

 

PART 3

 

REGISTRATION AND MODIFICATION OF CHILD-SUPPORT ORDER OF ANOTHER

 

STATE

 

     Sec. 609. A party or support enforcement agency seeking to

 

modify, or to modify and enforce, a child-support order issued in

 

another state shall register that order in this state in the same

 

manner provided in sections 601 through 608 if the order has not

 

been registered. A petition for modification may be filed at the

 

same time as a request for registration or later. The pleading must


specify the grounds for modification.

 

     Sec. 610. A tribunal of this state may enforce a child-support

 

order of another state registered for purposes of modification, in

 

the same manner as if the order had been issued by a tribunal of

 

this state, but the registered support order may be modified only

 

if the requirements of section 611 or 613 have been met.

 

     Sec. 611. (1) If section 613 does not apply, upon petition a

 

tribunal of this state may modify a child-support order issued in

 

another state that is registered in this state if, after notice and

 

hearing, the tribunal finds that either of the following applies:

 

     (a) The following requirements are met:

 

     (i) Neither the child, nor the obligee who is an individual,

 

nor the obligor resides in the issuing state.

 

     (ii) A petitioner who is a nonresident of this state seeks

 

modification.

 

     (iii) The respondent is subject to the personal jurisdiction

 

of the tribunal of this state.

 

     (b) This state is the residence of the child, or a party who

 

is an individual is subject to the personal jurisdiction of the

 

tribunal of this state, and all of the parties who are individuals

 

have filed consents in a record in the issuing tribunal for a

 

tribunal of this state to modify the support order and assume

 

continuing, exclusive jurisdiction.

 

     (2) Modification of a registered child-support order is

 

subject to the same requirements, procedures, and defenses that

 

apply to the modification of an order issued by a tribunal of this

 

state, and the order may be enforced and satisfied in the same


manner.

 

     (3) A tribunal of this state may not modify any aspect of a

 

child-support order that may not be modified under the law of the

 

issuing state, including the duration of the obligation of support.

 

If 2 or more tribunals have issued child-support orders for the

 

same obligor and same child, the order that controls and must be so

 

recognized under section 207 establishes the aspects of the support

 

order that are nonmodifiable.

 

     (4) In a proceeding to modify a child-support order, the law

 

of the state that is determined to have issued the initial

 

controlling order governs the duration of the obligation of

 

support. The obligor's fulfillment of the duty of support

 

established by that order precludes imposition of a further

 

obligation of support by a tribunal of this state.

 

     (5) On the issuance of an order by a tribunal of this state

 

modifying a child-support order issued in another state, the

 

tribunal of this state becomes the tribunal having continuing,

 

exclusive jurisdiction.

 

     (6) Notwithstanding subsections (1) through (5) and section

 

201(1), a tribunal of this state retains jurisdiction to modify an

 

order issued by a tribunal of this state if both of the following

 

apply:

 

     (a) One party resides in another state.

 

     (b) The other party resides outside the United States.

 

     Sec. 612. If a child-support order issued by a tribunal of

 

this state is modified by a tribunal of another state that assumed

 

jurisdiction under the uniform interstate family support act, all


of the following apply:

 

     (a) A tribunal of this state may enforce its order that was

 

modified only as to arrears and interest accruing before the

 

modification.

 

     (b) A tribunal of this state may provide appropriate relief

 

for violations of its order that occurred before the effective date

 

of the modification.

 

     (c) A tribunal of this state shall recognize the modifying

 

order of the other state, upon registration, for the purpose of

 

enforcement.

 

     Sec. 613. (1) If all of the parties who are individuals reside

 

in this state and the child does not reside in the issuing state, a

 

tribunal of this state has jurisdiction to enforce and to modify

 

the issuing state's child-support order in a proceeding to register

 

that order.

 

     (2) A tribunal of this state exercising jurisdiction under

 

this section shall apply the provisions of articles 1 and 2, this

 

article, and the procedural and substantive law of this state to

 

the proceeding for enforcement or modification. Articles 3, 4, 5,

 

7, and 8 do not apply.

 

     Sec. 614. Within 30 days after issuance of a modified child-

 

support order, the party obtaining the modification shall file a

 

certified copy of the order with the issuing tribunal that had

 

continuing, exclusive jurisdiction over the earlier order, and in

 

each tribunal in which the party knows the earlier order has been

 

registered. A party who obtains the order and fails to file a

 

certified copy is subject to appropriate sanctions by a tribunal in


which the issue of failure to file arises. The failure to file does

 

not affect the validity or enforceability of the modified order of

 

the new tribunal having continuing, exclusive jurisdiction.

 

PART 4

 

REGISTRATION AND MODIFICATION OF FOREIGN CHILD-SUPPORT ORDER

 

     Sec. 615. (1) Except as otherwise provided in section 711, if

 

a foreign country lacks or refuses to exercise jurisdiction to

 

modify its child-support order according to its laws, a tribunal of

 

this state may assume jurisdiction to modify the child-support

 

order and bind all individuals subject to the personal jurisdiction

 

of the tribunal whether the consent to modification of a child-

 

support order otherwise required of the individual under section

 

611 has been given or whether the individual seeking modification

 

is a resident of this state or of the foreign country.

 

     (2) An order issued by a tribunal of this state modifying a

 

foreign child-support order under this section is the controlling

 

order.

 

     Sec. 616. A party or support enforcement agency seeking to

 

modify, or to modify and enforce, a foreign child-support order not

 

under the Convention may register that order in this state under

 

sections 601 through 608 if the order has not been registered. A

 

petition for modification may be filed at the same time as a

 

request for registration or at another time. The petition must

 

specify the grounds for modification.

 

ARTICLE 7

 

SUPPORT PROCEEDING UNDER CONVENTION

 

     Sec. 701. As used in this article:


     (a) "Application" means a request under the Convention by an

 

obligee or obligor, or on behalf of a child, made through a central

 

authority for assistance from another central authority.

 

     (b) "Central authority" means the entity designated by the

 

United States or a foreign country described in section 102(e)(iv)

 

to perform the functions specified in the Convention.

 

     (c) "Convention support order" means a support order of a

 

tribunal of a foreign country described in section 102(e)(iv).

 

     (d) "Direct request" means a petition filed by an individual

 

in a tribunal of this state in a proceeding involving an obligee,

 

obligor, or child residing outside the United States.

 

     (e) "Foreign central authority" means the entity designated by

 

a foreign country described in section 102(e)(iv) to perform the

 

functions specified in the Convention.

 

     (f) "Foreign support agreement" means an agreement for support

 

in a record that is enforceable as a support order in the country

 

of origin, has been formally drawn up or registered as an authentic

 

instrument by a foreign tribunal, has been authenticated by, or

 

concluded, registered, or filed with, a foreign tribunal, and may

 

be reviewed and modified by a foreign tribunal. Foreign support

 

agreement includes a maintenance arrangement or authentic

 

instrument under the Convention.

 

     (g) "United States central authority" means the Secretary of

 

the United States Department of Health and Human Services.

 

     Sec. 702. This article applies only to a support proceeding

 

under the Convention. In such a proceeding, if a provision of this

 

article is inconsistent with articles 1 through 6, this article


controls.

 

     Sec. 703. The office of child support is recognized as the

 

agency designated by the United States central authority to perform

 

specific functions under the Convention.

 

     Sec. 704. (1) In a support proceeding under this article, the

 

office of child support of this state shall do the following:

 

     (a) Transmit and receive applications.

 

     (b) Initiate or facilitate the institution of a proceeding

 

regarding an application in a tribunal of this state.

 

     (2) The following support proceedings are available to an

 

obligee under the Convention:

 

     (a) Recognition or recognition and enforcement of a foreign

 

support order.

 

     (b) Enforcement of a support order issued or recognized in

 

this state.

 

     (c) Establishment of a support order if there is no existing

 

order, including, if necessary, determination of parentage of a

 

child.

 

     (d) Establishment of a support order if recognition of a

 

foreign support order is refused under section 708(2)(b), (d), or

 

(i).

 

     (e) Modification of a support order of a tribunal of this

 

state.

 

     (f) Modification of a support order of a tribunal of another

 

state or a foreign country.

 

     (3) The following support proceedings are available under the

 

Convention to an obligor against which there is an existing support


order:

 

     (a) Recognition of an order suspending or limiting enforcement

 

of an existing support order of a tribunal of this state.

 

     (b) Modification of a support order of a tribunal of this

 

state.

 

     (c) Modification of a support order of a tribunal of another

 

state or a foreign country.

 

     (4) A tribunal of this state may not require security, bond,

 

or deposit, however described, to guarantee the payment of costs

 

and expenses in proceedings under the Convention.

 

     Sec. 705. (1) A petitioner may file a direct request seeking

 

establishment or modification of a support order or determination

 

of parentage of a child. In the proceeding, the law of this state

 

applies.

 

     (2) A petitioner may file a direct request seeking recognition

 

and enforcement of a support order or support agreement. In the

 

proceeding, sections 706 through 713 apply.

 

     (3) In a direct request for recognition and enforcement of a

 

Convention support order or foreign support agreement, the

 

following apply:

 

     (a) A security, bond, or deposit is not required to guarantee

 

the payment of costs and expenses.

 

     (b) An obligee or obligor that in the issuing country has

 

benefited from free legal assistance is entitled to benefit, at

 

least to the same extent, from any free legal assistance provided

 

for by the law of this state under the same circumstances.

 

     (4) A petitioner filing a direct request is not entitled to


assistance from the office of child support.

 

     (5) This article does not prevent the application of laws of

 

this state that provide simplified, more expeditious rules

 

regarding a direct request for recognition and enforcement of a

 

foreign support order or foreign support agreement.

 

     Sec. 706. (1) Except as otherwise provided in this article, a

 

party who is an individual or a support enforcement agency seeking

 

recognition of a Convention support order shall register the order

 

in this state as provided in article 6.

 

     (2) Notwithstanding sections 311 and 602(1), a request for

 

registration of a Convention support order must be accompanied by

 

the following:

 

     (a) A complete text of the support order or an abstract or

 

extract of the support order drawn up by the issuing foreign

 

tribunal, which may be in the form recommended by the Hague

 

Conference on Private International Law.

 

     (b) A record stating that the support order is enforceable in

 

the issuing country.

 

     (c) If the respondent did not appear and was not represented

 

in the proceedings in the issuing country, a record attesting, as

 

appropriate, either that the respondent had proper notice of the

 

proceedings and an opportunity to be heard or that the respondent

 

had proper notice of the support order and an opportunity to be

 

heard in a challenge or appeal on fact or law before a tribunal.

 

     (d) A record showing the amount of arrears, if any, and the

 

date the amount was calculated.

 

     (e) A record showing a requirement for automatic adjustment of


the amount of support, if any, and the information necessary to

 

make the appropriate calculations.

 

     (f) If necessary, a record showing the extent to which the

 

applicant received free legal assistance in the issuing country.

 

     (3) A request for registration of a Convention support order

 

may seek recognition and partial enforcement of the order.

 

     (4) A tribunal of this state may vacate the registration of a

 

Convention support order without the filing of a contest under

 

section 707 only if, acting on its own motion, the tribunal finds

 

that recognition and enforcement of the order would be manifestly

 

incompatible with public policy.

 

     (5) The tribunal shall promptly notify the parties of the

 

registration or the order vacating the registration of a Convention

 

support order.

 

     Sec. 707. (1) Except as otherwise provided in this article,

 

sections 605 through 608 apply to a contest of a registered

 

Convention support order.

 

     (2) A party contesting a registered Convention support order

 

shall file a contest not later than 30 days after notice of the

 

registration, but if the contesting party does not reside in the

 

United States, the contest must be filed not later than 60 days

 

after notice of the registration.

 

     (3) If the nonregistering party fails to contest the

 

registered Convention support order by the time specified in

 

subsection (2), the order is enforceable.

 

     (4) A contest of a registered Convention support order may be

 

based only on grounds set forth in section 708. The contesting


party bears the burden of proof.

 

     (5) In a contest of a registered Convention support order, the

 

following apply:

 

     (a) A tribunal of this state is bound by the findings of fact

 

on which the foreign tribunal based its jurisdiction.

 

     (b) A tribunal of this state may not review the merits of the

 

order.

 

     (6) A tribunal of this state deciding a contest of a

 

registered Convention support order shall promptly notify the

 

parties of its decision.

 

     (7) A challenge or appeal, if any, does not stay the

 

enforcement of a Convention support order unless there are

 

exceptional circumstances.

 

     Sec. 708. (1) Except as otherwise provided in subsection (2),

 

a tribunal of this state shall recognize and enforce a registered

 

Convention support order.

 

     (2) The following grounds are the only grounds on which a

 

tribunal of this state may refuse recognition and enforcement of a

 

registered Convention support order:

 

     (a) Recognition and enforcement of the order is manifestly

 

incompatible with public policy, including the failure of the

 

issuing tribunal to observe minimum standards of due process, which

 

include notice and an opportunity to be heard.

 

     (b) The issuing tribunal lacked personal jurisdiction

 

consistent with section 201.

 

     (c) The order is not enforceable in the issuing country.

 

     (d) The order was obtained by fraud in connection with a


matter of procedure.

 

     (e) A record transmitted in accordance with section 706 lacks

 

authenticity or integrity.

 

     (f) A proceeding between the same parties and having the same

 

purpose is pending before a tribunal of this state, and that

 

proceeding was the first to be filed.

 

     (g) The order is incompatible with a more recent support order

 

involving the same parties and having the same purpose if the more

 

recent support order is entitled to recognition and enforcement

 

under this act in this state.

 

     (h) Payment, to the extent alleged arrears have been paid in

 

whole or in part.

 

     (i) In a case in which the respondent neither appeared nor was

 

represented in the proceeding in the issuing foreign country, 1 of

 

the following applies:

 

     (i) If the law of that country provides for prior notice of

 

proceedings, the respondent did not have proper notice of the

 

proceedings and an opportunity to be heard.

 

     (ii) If the law of that country does not provide for prior

 

notice of the proceedings, the respondent did not have proper

 

notice of the order and an opportunity to be heard in a challenge

 

or appeal on fact or law before a tribunal.

 

     (j) The order was made in violation of section 711.

 

     (3) If a tribunal of this state does not recognize a

 

Convention support order under subsection (2)(b), (d), or (i), the

 

following apply:

 

     (a) The tribunal may not dismiss the proceeding without


allowing a reasonable time for a party to request the establishment

 

of a new Convention support order.

 

     (b) The office of child support shall take all appropriate

 

measures to request a child-support order for the obligee if the

 

application for recognition and enforcement was received under

 

section 704.

 

     Sec. 709. If a tribunal of this state does not recognize and

 

enforce a Convention support order in its entirety, it shall

 

enforce any severable part of the order. An application or direct

 

request may seek recognition and partial enforcement of a

 

Convention support order.

 

     Sec. 710. (1) Except as otherwise provided in subsections (3)

 

and (4), a tribunal of this state shall recognize and enforce a

 

foreign support agreement registered in this state.

 

     (2) An application or direct request for recognition and

 

enforcement of a foreign support agreement must be accompanied by

 

the following:

 

     (a) A complete text of the foreign support agreement.

 

     (b) A record stating that the foreign support agreement is

 

enforceable as an order of support in the issuing country.

 

     (3) A tribunal of this state may vacate the registration of a

 

foreign support agreement only if, acting on its own motion, the

 

tribunal finds that recognition and enforcement would be manifestly

 

incompatible with public policy.

 

     (4) In a contest of a foreign support agreement, a tribunal of

 

this state may refuse recognition and enforcement of the agreement

 

if it finds the following:


     (a) Recognition and enforcement of the agreement is manifestly

 

incompatible with public policy.

 

     (b) The agreement was obtained by fraud or falsification.

 

     (c) The agreement is incompatible with a support order

 

involving the same parties and having the same purpose in this

 

state, another state, or a foreign country if the support order is

 

entitled to recognition and enforcement under this act in this

 

state.

 

     (d) The record submitted under subsection (2) lacks

 

authenticity or integrity.

 

     (5) A proceeding for recognition and enforcement of a foreign

 

support agreement must be suspended during the pendency of a

 

challenge to or appeal of the agreement before a tribunal of

 

another state or a foreign country.

 

     Sec. 711. (1) A tribunal of this state may not modify a

 

Convention child-support order if the obligee remains a resident of

 

the foreign country where the support order was issued unless 1 of

 

the following applies:

 

     (a) The obligee submits to the jurisdiction of a tribunal of

 

this state, either expressly or by defending on the merits of the

 

case without objecting to the jurisdiction at the first available

 

opportunity.

 

     (b) The foreign tribunal lacks or refuses to exercise

 

jurisdiction to modify its support order or issue a new support

 

order.

 

     (2) If a tribunal of this state does not modify a Convention

 

child-support order because the order is not recognized in this


state, section 708(3) applies.

 

     Sec. 712. Personal information gathered or transmitted under

 

this article may be used only for the purposes for which it was

 

gathered or transmitted.

 

     Sec. 713. A record filed with a tribunal of this state under

 

this article must be in the original language and, if not in

 

English, must be accompanied by an English translation.

 

ARTICLE 8

 

INTERSTATE RENDITION

 

     Sec. 801. (1) For purposes of this article, "governor"

 

includes an individual performing the functions of governor or the

 

executive authority of a state covered by this act.

 

     (2) The governor of this state may do the following:

 

     (a) Demand that the governor of another state surrender an

 

individual found in the other state who is charged criminally in

 

this state with having failed to provide for the support of an

 

obligee.

 

     (b) On the demand of the governor of another state, surrender

 

an individual found in this state who is charged criminally in the

 

other state with having failed to provide for the support of an

 

obligee.

 

     (3) A provision for extradition of individuals not

 

inconsistent with this act applies to the demand even if the

 

individual whose surrender is demanded was not in the demanding

 

state when the crime was allegedly committed and has not fled

 

therefrom.

 

     Sec. 802. (1) Before making a demand that the governor of


another state surrender an individual charged criminally in this

 

state with having failed to provide for the support of an obligee,

 

the governor of this state may require a prosecutor of this state

 

to demonstrate that at least 60 days previously the obligee had

 

initiated proceedings for support under this act or that the

 

proceeding would be of no avail.

 

     (2) If, under this act or a law substantially similar to this

 

act, the governor of another state makes a demand that the governor

 

of this state surrender an individual charged criminally in that

 

state with having failed to provide for the support of a child or

 

other individual to whom a duty of support is owed, the governor

 

may require a prosecutor to investigate the demand and report

 

whether a proceeding for support has been initiated or would be

 

effective. If it appears that a proceeding would be effective but

 

has not been initiated, the governor may delay honoring the demand

 

for a reasonable time to permit the initiation of a proceeding.

 

     (3) If a proceeding for support has been initiated and the

 

individual whose rendition is demanded prevails, the governor may

 

decline to honor the demand. If the petitioner prevails and the

 

individual whose rendition is demanded is subject to a support

 

order, the governor may decline to honor the demand if the

 

individual is complying with the support order.

 

ARTICLE 9

 

MISCELLANEOUS PROVISIONS

 

     Sec. 901. In applying and construing this uniform act,

 

consideration must be given to the need to promote uniformity of

 

the law with respect to its subject matter among states that enact


it.

 

     Sec. 902. This act applies to proceedings begun on or after

 

the effective date of this act to establish a support order or

 

determine parentage of a child or to register, recognize, enforce,

 

or modify a prior support order, determination, or agreement,

 

whenever issued or entered.

 

     Sec. 903. If any provision of this act or its application to

 

any person or circumstance is held invalid, the invalidity does not

 

affect other provisions or applications of this act which can be

 

given effect without the invalid provision or application, and to

 

this end the provisions of this act are severable.

 

     Sec. 904. The uniform interstate family support act, 1996 PA

 

310, MCL 552.1101 to 552.1901, is repealed.

 

     Sec. 905. This act takes effect January 1, 2016.