HOUSE BILL No. 4959

 

 

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.