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.