HOUSE BILL No. 4529 March 19, 1997, Introduced by Reps. Griffin, Goschka, Jellema, Bodem, Walberg, Law, Curtis, Johnson, Nye, Dalman and McNutt and referred to the Committee on Judiciary. A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement," by amending the title and section 27 (MCL 552.627), the title as amended by 1996 PA 25 and section 27 as amended by 1985 PA 210, and by adding sections 5, 5a, and 5b. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 TITLE 2 An act to provide for and to supplement statutes that pro- 3 vide for the enforcement of support, health care, and parenting 4 time orders with respect to divorce, separate maintenance, pater- 5 nity, child custody, andspouseSPOUSAL support; to prescribe 6 AND AUTHORIZE certain provisions of those orders; to prescribe 7 the powers and duties of the circuit court and friend of the 8 court; to prescribe certain duties of certain employers and other 01895'97 SAT 2 1 sources of income; to provide for penalties and remedies; and to 2 repeal acts and parts of acts. 3 SEC. 5. (1) IF A COURT ORDERS THE PAYMENT OF CHILD SUPPORT 4 UNDER THIS OR ANOTHER ACT OF THE STATE, THIS SECTION APPLIES TO 5 THAT ORDER. 6 (2) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE COURT 7 SHALL ORDER CHILD SUPPORT IN AN AMOUNT DETERMINED BY APPLICATION 8 OF THE CHILD SUPPORT FORMULA DEVELOPED BY THE STATE FRIEND OF THE 9 COURT BUREAU. THE COURT MAY ENTER AN ORDER THAT DEVIATES FROM 10 THE FORMULA IF THE COURT DETERMINES FROM THE FACTS OF THE CASE 11 THAT APPLICATION OF THE CHILD SUPPORT FORMULA WOULD BE UNJUST OR 12 INAPPROPRIATE AND SETS FORTH IN WRITING OR ON THE RECORD ALL OF 13 THE FOLLOWING: 14 (A) THE CHILD SUPPORT AMOUNT DETERMINED BY APPLICATION OF 15 THE CHILD SUPPORT FORMULA. 16 (B) HOW THE CHILD SUPPORT ORDER DEVIATES FROM THE CHILD SUP- 17 PORT FORMULA. 18 (C) THE VALUE OF PROPERTY OR OTHER SUPPORT AWARDED IN LIEU 19 OF THE PAYMENT OF CHILD SUPPORT, IF APPLICABLE. 20 (D) THE REASONS WHY APPLICATION OF THE CHILD SUPPORT FORMULA 21 WOULD BE UNJUST OR INAPPROPRIATE IN THE CASE. 22 (3) SUBSECTION (2) DOES NOT PROHIBIT THE COURT FROM ENTERING 23 A CHILD SUPPORT ORDER THAT IS AGREED TO BY THE PARTIES AND THAT 24 DEVIATES FROM THE CHILD SUPPORT FORMULA, IF THE REQUIREMENTS OF 25 SUBSECTION (2) ARE MET. 01895'97 3 1 SEC. 5A. (1) A CHILD SUPPORT ORDER ENTERED OR MODIFIED BY 2 THE COURT SHALL PROVIDE THAT EACH PARTY SHALL KEEP THE OFFICE OF 3 THE FRIEND OF THE COURT INFORMED OF BOTH OF THE FOLLOWING: 4 (A) THE NAME AND ADDRESS OF HIS OR HER CURRENT SOURCE OF 5 INCOME. 6 (B) HEALTH CARE COVERAGE THAT IS AVAILABLE TO HIM OR HER AS 7 A BENEFIT OF EMPLOYMENT OR THAT IS MAINTAINED BY HIM OR HER; THE 8 NAME OF THE INSURANCE COMPANY, NONPROFIT HEALTH CARE CORPORATION, 9 OR HEALTH MAINTENANCE ORGANIZATION; THE POLICY, CERTIFICATE, OR 10 CONTRACT NUMBER; AND THE NAMES AND BIRTH DATES OF THE PERSONS FOR 11 WHOSE BENEFIT HE OR SHE MAINTAINS HEALTH CARE COVERAGE UNDER THE 12 POLICY, CERTIFICATE, OR CONTRACT. 13 (2) IF A CHILD SUPPORT ORDER IS ENTERED, THE COURT SHALL 14 REQUIRE THAT 1 OR BOTH PARENTS OBTAIN OR MAINTAIN HEALTH CARE 15 COVERAGE THAT IS AVAILABLE TO THEM AT A REASONABLE COST, AS A 16 BENEFIT OF EMPLOYMENT, FOR THE BENEFIT OF THE MINOR CHILDREN OF 17 THE PARTIES AND, SUBJECT TO SECTION 30, FOR THE BENEFIT OF THE 18 PARTIES' CHILDREN WHO ARE NOT MINOR CHILDREN. IF A PARENT IS 19 SELF-EMPLOYED AND MAINTAINS HEALTH CARE COVERAGE, THE COURT SHALL 20 REQUIRE THE PARENT TO OBTAIN OR MAINTAIN DEPENDENT COVERAGE FOR 21 THE BENEFIT OF THE MINOR CHILDREN OF THE PARTIES AND, SUBJECT TO 22 SECTION 30, FOR THE BENEFIT OF THE PARTIES' CHILDREN WHO ARE NOT 23 MINOR CHILDREN, IF AVAILABLE AT A REASONABLE COST. 24 (3) A COURT MAY REQUIRE EITHER PARENT TO FILE A BOND WITH 1 25 OR MORE SUFFICIENT SURETIES, IN A SUM TO BE FIXED BY THE COURT, 26 GUARANTEEING PAYMENT OF CHILD SUPPORT. 01895'97 4 1 SEC. 5B. (1) A COURT THAT ORDERS CHILD SUPPORT MAY ORDER 2 SUPPORT FOR A CHILD AFTER THE CHILD REACHES 18 YEARS OF AGE AS 3 PROVIDED IN THIS SECTION. 4 (2) THE COURT MAY ORDER CHILD SUPPORT FOR THE TIME A CHILD 5 IS REGULARLY ATTENDING HIGH SCHOOL ON A FULL-TIME BASIS WITH A 6 REASONABLE EXPECTATION OF COMPLETING SUFFICIENT CREDITS TO GRADU- 7 ATE FROM HIGH SCHOOL WHILE RESIDING ON A FULL-TIME BASIS WITH THE 8 PAYEE OF SUPPORT OR AT AN INSTITUTION, BUT IN NO CASE AFTER THE 9 CHILD REACHES 19 YEARS AND 6 MONTHS OF AGE. A COMPLAINT OR 10 MOTION REQUESTING SUPPORT AS PROVIDED IN THIS SECTION MAY BE 11 FILED AT ANY TIME BEFORE THE CHILD REACHES 19 YEARS AND 6 MONTHS 12 OF AGE. 13 (3) A PROVISION CONTAINED IN A JUDGMENT OR AN ORDER ENTERED 14 BEFORE OCTOBER 10, 1990 THAT PROVIDES FOR THE SUPPORT OF A CHILD 15 AFTER THE CHILD REACHES 18 YEARS OF AGE, WITHOUT AN AGREEMENT OF 16 THE PARTIES AS DESCRIBED IN SUBSECTION (4), IS VALID AND ENFORCE- 17 ABLE TO THE EXTENT THE PROVISION PROVIDES SUPPORT FOR THE CHILD 18 FOR THE TIME THE CHILD IS REGULARLY ATTENDING HIGH SCHOOL ON A 19 FULL-TIME BASIS WITH A REASONABLE EXPECTATION OF COMPLETING SUF- 20 FICIENT CREDITS TO GRADUATE FROM HIGH SCHOOL WHILE RESIDING ON A 21 FULL-TIME BASIS WITH THE PAYEE OF SUPPORT OR AT AN INSTITUTION, 22 BUT IN NO CASE AFTER THE CHILD REACHES 19 YEARS AND 6 MONTHS OF 23 AGE. THIS SUBSECTION DOES NOT REQUIRE PAYMENT OF SUPPORT FOR A 24 CHILD AFTER THE CHILD REACHES 18 YEARS OF AGE FOR ANY PERIOD 25 BETWEEN NOVEMBER 8, 1989 AND OCTOBER 10, 1990, OR REIMBURSEMENT 26 OF SUPPORT PAID BETWEEN NOVEMBER 8, 1989 AND OCTOBER 10, 1990, IN 27 THOSE JUDICIAL CIRCUITS THAT DID NOT ENFORCE SUPPORT FOR A CHILD 01895'97 5 1 AFTER THE CHILD REACHED 18 YEARS OF AGE DURING THE PERIOD BETWEEN 2 NOVEMBER 8, 1989 AND OCTOBER 10, 1990. 3 (4) A PROVISION CONTAINED IN A JUDGMENT OR AN ORDER ENTERED 4 UNDER THIS ACT BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS 5 SECTION THAT PROVIDES FOR THE SUPPORT OF A CHILD AFTER THE CHILD 6 REACHES 18 YEARS OF AGE IS VALID AND ENFORCEABLE IF 1 OR MORE OF 7 THE FOLLOWING APPLY: 8 (A) THE PROVISION IS CONTAINED IN THE JUDGMENT OR ORDER BY 9 AGREEMENT OF THE PARTIES AS STATED IN THE JUDGMENT OR ORDER. 10 (B) THE PROVISION IS CONTAINED IN THE JUDGMENT OR ORDER BY 11 AGREEMENT OF THE PARTIES AS EVIDENCED BY THE APPROVAL OF THE SUB- 12 STANCE OF THE JUDGMENT OR ORDER BY THE PARTIES OR THEIR 13 ATTORNEYS. 14 (C) THE PROVISION IS CONTAINED IN THE JUDGMENT OR ORDER BY 15 WRITTEN AGREEMENT SIGNED BY THE PARTIES. 16 (D) THE PROVISION IS CONTAINED IN THE JUDGMENT OR ORDER BY 17 ORAL AGREEMENT OF THE PARTIES AS STATED ON THE RECORD BY THE PAR- 18 TIES OR THEIR ATTORNEYS. 19 Sec. 27. (1) The circuit court may take other enforcement 20 action under applicable laws, including, but not limited to, the 21 following: 22 (a)Chapter 84 of the Revised Statutes of 1846, being sec-23tions 552.1 to 552.45 of the Michigan Compiled Laws1846 RS 84, 24 MCL 552.1 TO 552.45. 25 (b)Act No. 379 of the Public Acts of 1913, being sections26552.151 to 552.155 of the Michigan Compiled Laws1913 PA 379, 27 MCL 552.151 TO 552.155. 01895'97 6 1 (c) The family support act,Act No. 138 of the Public Acts2of 1966, being sections 552.451 to 552.459 of the Michigan3Compiled Laws1966 PA 138, MCL 552.451 TO 552.459. 4 (d) Section 1701 of the revised judicature act of 1961,Act5No. 236 of the Public Acts of 1961, being section 600.1701 of the6Michigan Compiled Laws1961 PA 236, MCL 600.1701. 7 (e)Act No. 293 of the Public Acts of 1968, being sections8722.1 to 722.6 of the Michigan Compiled Laws1968 PA 293, MCL 9 722.1 TO 722.6. 10 (f) The child custody act of 1970,Act No. 91 of the Public11Acts of 1970, being sections 722.21 to 722.29 of the Michigan12Compiled Laws1970 PA 91, MCL 722.21 TO 722.29. 13 (G) THE PATERNITY ACT, 1956 PA 205, MCL 722.711 TO 722.730. 14 (2) IF ANOTHER ACT OF THIS STATE PROVIDES THAT THIS ACT 15 APPLIES TO SUPPORT ORDERS ISSUED UNDER THE OTHER ACT AND IF THAT 16 OTHER ACT CONTAINS A SPECIFIC PROVISION REGARDING THE CONTENTS OR 17 ENFORCEMENT OF THE SUPPORT ORDER THAT CONFLICTS WITH THIS ACT, 18 THE OTHER ACT CONTROLS IN REGARD TO THAT PROVISION. 19 Enacting section 1. This amendatory act takes effect 20 January 1, 1998. 21 Enacting section 2. This amendatory act does not take 22 effect unless all of the following bills of the 89th Legislature 23 are enacted into law: 24 (a) Senate Bill No. _____ or House Bill No. _____ (request 25 no. 00056'97 a). 26 (b) Senate Bill No. _____ or House Bill No. _____ (request 27 no. 00056'97 b). 01895'97 7 1 (c) Senate Bill No. _____ or House Bill No. _____ (request 2 no. 00059'97). 3 (d) Senate Bill No. _____ or House Bill No. _____ (request 4 no. 00060'97). 5 (e) Senate Bill No. _____ or House Bill No. _____ (request 6 no. 01895'97 a). 7 (f) Senate Bill No. _____ or House Bill No. _____ (request 8 no. 01895'97 b). 9 (g) Senate Bill No. _____ or House Bill No. _____ (request 10 no. 01895'97 c). 11 (h) Senate Bill No. _____ or House Bill No. _____ (request 12 no. 01895'97 d). 13 (i) Senate Bill No. _____ or House Bill No. _____ (request 14 no. 01895'97 e). 01895'97 Final page. SAT