September 14, 2017, Introduced by Rep. Hoitenga and referred to the Committee on Law and Justice.
A bill to amend 1846 RS 84, entitled
"Of divorce,"
by amending section 23 (MCL 552.23), as amended by 2009 PA 234.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
23. (1) Upon Except as
provided in subsection (4), upon
entry of a judgment of divorce or separate maintenance, if the
estate and effects awarded to either party are insufficient for the
suitable support and maintenance of either party and any children
of the marriage who are committed to the care and custody of either
party, the court may also award to either party the part of the
real and personal estate of either party and spousal support out of
the real and personal estate, to be paid to either party in gross
or otherwise as the court considers just and reasonable, after
considering the ability of either party to pay and the character
and situation of the parties, and all the other circumstances of
the case.
(2) Upon certification by a county department of health and
human services that a complainant or petitioner in a proceeding
under this chapter is receiving public assistance either personally
or for children of the marriage, payments received by the friend of
the court or the state disbursement unit for the support and
education of the children or maintenance of the party shall be
transmitted to the department of health and human services.
(3) If the court appoints the friend of the court custodian,
receiver, trustee, or escrow agent of assets owned by a husband and
wife, or either of them, the court may fix the amount of the fee
for
such that service, to be turned over to the county treasurer
and credited to the general fund of the county. The court may hold
in contempt a person who fails or refuses to pay a fee ordered
under this subsection.
(4) If an antenuptial agreement that has been determined by
the court to be otherwise enforceable conflicts with the provisions
of subsection (1), the provisions of the antenuptial agreement
prevail and shall be enforced by the court.
(5) (4)
As used in this section and section
24, "state
disbursement unit" or "SDU" means the entity established in section
6 of the office of child support act, 1971 PA 174, MCL 400.236.
(6) As used in this section, "antenuptial agreement" means a
contract relating to property that is entered into by persons
contemplating marriage before the marriage takes place. Antenuptial
agreement includes a prenuptial agreement and a premarital
agreement.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.