Senate Introduced Bill 620























SENATE BILL NO. 620


   May 26, 1999, Introduced by Senators JOHNSON, HAMMERSTROM, 
        MC COTTER, EMMONS, GOUGEON and GOSCHKA and referred to the
        Committee on Families, Mental Health and Human Services.



        A bill to amend 1846 RS 84, entitled

   "Of divorce,"

   by amending sections 15, 16, and 17 (MCL 552.15, 552.16, and

   552.17), as amended by 1996 PA 9; and to repeal acts and parts of

   acts.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 15.  (1) After the filing of a complaint in an action

 2    to annul a marriage or for a divorce or separate maintenance, on

 3    the motion of either party or the friend of the court, or on the

 4    court's own motion, the court may enter  such 
             orders concerning

 5    the care, custody, and support of the minor children of the par-

 6    ties during the pendency of the action as the court considers

 7    proper and necessary.  Subject to section  16a  5B
             OF THE SUPPORT

 8    AND PARENTING TIME ENFORCEMENT ACT, 1982 PA 295, MCL 552.605B,




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 1    the court may also order support as provided in this subsection

 2    for the parties' children who are not minor children.

 3          (2) Except as otherwise provided in this section, the
             court

 4     shall order support in an amount determined by application
                       of the

 5     child support formula developed by the state friend of the
                       court

 6     bureau.  The court may enter an order that deviates from the
                       for-

 7     mula if the court determines from the facts of the case that

 8     application of the child support formula would be unjust or
                       inap-

 9     propriate and sets forth in writing or on the record all of
                       the

10     following:

11          (a) The support amount determined by application of the

12     child support formula.

13          (b) How the support order deviates from the child
                       support

14     formula.

15          (c) The value of property or other support awarded in
                       lieu

16     of the payment of child support, if applicable.

17          (d) The reasons why application of the child support
                       formula

18     would be unjust or inappropriate in the case.

19          (3) Subsection (2) does not prohibit the court from
                       entering

20     a support order that is agreed to by the parties and that
                       devi-

21     ates from the child support formula, if the requirements of
                       sub-

22     section (2) are met.

23          (4) Beginning January 1, 1991, each support order
                       entered by

24     the court shall provide that each party shall keep the
                       office of

25     the friend of the court informed of both of the following:

26          (a) The name and address of his or her current source
                       of

27     income.  As used in this subdivision, "source of income"
                       means



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                                   3

 1    that term as defined in section 2 of the support and
             parenting

 2     time enforcement act, Act No. 295 of the Public Acts of
                       1982,

 3     being section 552.602 of the Michigan Compiled Laws.

 4          (b) Any health care coverage that is available to him
                       or her

 5     as a benefit of employment or that is maintained by him or
                       her;

 6     the name of the insurance company, nonprofit health care
                       corpora-

 7     tion, or health maintenance organization; the policy,
                       certifi-

 8     cate, or contract number; and the names and birth dates of
                       the

 9     persons for whose benefit he or she maintains health care
                       cover-

10     age under the policy, certificate, or contract.

11          (5) For the purposes of this section, "support" may
                       include

12     payment of the expenses of medical, dental, and other health

13     care, child care expenses, and educational expenses.  If a
                       sup-

14     port order is entered, the court shall require that 1 or
                       both

15     parents shall obtain or maintain any health care coverage
                       that is

16     available to them at a reasonable cost, as a benefit of
                       employ-

17     ment, for the benefit of the minor children of the parties
                       and,

18     subject to section 16a, for the benefit of the parties'
                       children

19     who are not minor children.  If a parent is self-employed
                       and

20     maintains health care coverage, the court shall require the

21     parent to obtain or maintain dependent coverage for the
                       benefit

22     of the minor children of the parties and, subject to section
                       16a,

23     for the benefit of the parties' children who are not minor
                       chil-

24     dren, if available at a reasonable cost. 

25         (2)  (6) Orders  AN ORDER concerning the
             support of

26     children  A CHILD of the parties  are
              IS GOVERNED BY AND IS

27    enforceable as provided in the support and parenting time



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                                   4

 1    enforcement act,  Act No. 295 of the Public Acts of 1982,
             being

 2     sections 552.601 to 552.650 of the Michigan Compiled Laws
                        1982

 3    PA 295, MCL 552.601 TO 552.650.

 4          (7) The court may waive jurisdiction of any minor
             children

 5     under the age of 17 during the pendency of the action to the
                       pro-

 6     bate court, to be governed by the laws of this state with
                       respect

 7     to dependent and neglected children under the age of 17
                       years. 

 8         Sec. 16.  (1) Upon annulling a marriage or entering a judg-

 9    ment of divorce or separate maintenance, the court may enter

10     such  THE orders  as  it
             considers just and proper concerning

11    the care, custody, and support of  the  A minor
              children  CHILD

12    of the parties.  Subject to section  16a  5B OF THE
             SUPPORT AND

13    PARENTING TIME ENFORCEMENT ACT, 1982 PA 295, MCL 552.605B, the

14    court may also order support as provided in this subsection for

15    the parties' children who are not minor children.  The court
             may

16     require either parent to file a bond with 1 or more
                       sufficient

17     sureties, in a sum to be fixed by the court, guaranteeing
                       payment

18     of the support ordered in the judgment.

19          (2) Except as otherwise provided in this section, the
                       court

20     shall order support in an amount determined by application
                       of the

21     child support formula developed by the state friend of the
                       court

22     bureau.  The court may enter an order that deviates from the
                       for-

23     mula if the court determines from the facts of the case that

24     application of the child support formula would be unjust or
                       inap-

25     propriate and sets forth in writing or on the record all of
                       the

26     following:





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                                   5

 1         (a) The support amount determined by application of the

 2     child support formula.

 3          (b) How the support order deviates from the child
                       support

 4     formula.

 5          (c) The value of property or other support awarded in
                       lieu

 6     of the payment of child support, if applicable.

 7          (d) The reasons why application of the child support
                       formula

 8     would be unjust or inappropriate in the case.

 9          (3) Subsection (2) does not prohibit the court from
                       entering

10     a support order that is agreed to by the parties and that
                       devi-

11     ates from the child support formula, if the requirements of
                       sub-

12     section (2) are met.

13          (4) Beginning January 1, 1991, each support order
                       entered by

14     the court shall provide that each party shall keep the
                       office of

15     the friend of the court informed of both of the following:

16          (a) The name and address of his or her current source
                       of

17     income.  As used in this subdivision, "source of income"
                       means

18     that term as defined in section 2 of the support and
                       parenting

19     time enforcement act, Act No. 295 of the Public Acts of
                       1982,

20     being section 552.602 of the Michigan Compiled Laws.

21          (b) Any health care coverage that is available to him
                       or her

22     as a benefit of employment or that is maintained by him or
                       her;

23     the name of the insurance company, nonprofit health care
                       corpora-

24     tion, or health maintenance organization; the policy,
                       certifi-

25     cate, or contract number; and the names and birth dates of
                       the

26     persons for whose benefit he or she maintains health care

27     coverage under the policy, certificate, or contract.



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                                   6

 1         (5) For the purposes of this section, "support" may
             include

 2     payment of the expenses of medical, dental, and other health

 3     care, child care expenses, and educational expenses.  The
                       judg-

 4     ment shall require that 1 or both parents shall obtain or
                       main-

 5     tain any health care coverage that is available to them at a
                       rea-

 6     sonable cost, as a benefit of employment, for the benefit of
                       the

 7     minor children of the parties and, subject to section 16a,
                       for

 8     the benefit of the parties' children who are not minor
                       children.

 9     If a parent is self-employed and maintains health care
                       coverage,

10     the court shall require the parent to obtain or maintain
                       depen-

11     dent coverage for the benefit of the minor children of the
                       par-

12     ties and, subject to section 16a, for the benefit of the
                       parties'

13     children who are not minor children, if available at a
                       reasonable

14     cost. 

15         (2)  (6) Orders  AN ORDER concerning the
             support of

16     children  A CHILD of the parties  are
              IS GOVERNED BY AND IS

17    enforceable as provided in the support and parenting time

18    enforcement act,  Act No. 295 of the Public Acts of 1982,
             being

19     sections 552.601 to 552.650 of the Michigan Compiled Laws
                        1982

20    PA 295, MCL 552.601 TO 552.650.

21          (7) The court, in the judgment or after entry of the
             judg-

22     ment, may waive jurisdiction of any minor children under the
                       age

23     of 17 years to the probate court to be governed by the laws
                       of

24     this state with respect to dependent and neglected children
                       under

25     the age of 17 years. 

26         Sec. 17.  (1)  The court may, from time to time after
             its

27     issuance  AFTER ENTRY OF A JUDGMENT CONCERNING
                       ANNULMENT,



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                                   7

 1    DIVORCE, OR SEPARATE MAINTENANCE AND on the petition of either

 2     of the parents  PARENT, THE COURT MAY revise and
             alter a judg-

 3    ment concerning the care, custody, maintenance, and support of

 4    some or all of the children, as the circumstances of the parents

 5     ,  and the benefit of the children require.

 6          (2) Except as otherwise provided in this section, the
             court

 7     shall order support in an amount determined by application
                       of the

 8     child support formula developed by the state friend of the
                       court

 9     bureau.  The court may enter an order that deviates from the
                       for-

10     mula if the court determines from the facts of the case that

11     application of the child support formula would be unjust or
                       inap-

12     propriate and sets forth in writing or on the record all of
                       the

13     following:

14          (a) The support amount determined by application of the

15     child support formula.

16          (b) How the support order deviates from the child
                       support

17     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 support order that is agreed to by the parties and that
                       devi-

24     ates from the child support formula, if the requirements of
                       sub-

25     section (2) are met.

26          (4) Beginning January 1, 1991, each support order
                       entered or

27     revised and altered by the court shall provide that each
                       party



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                                   8

 1    shall keep the office of the friend of the court informed of
             both

 2     of the following:

 3          (a) The name and address of his or her current source
                       of

 4     income.  As used in this subdivision, "source of income"
                       means

 5     that term as defined in section 2 of the support and
                       parenting

 6     time enforcement act, Act No. 295 of the Public Acts of
                       1982,

 7     being section 552.602 of the Michigan Compiled Laws.

 8          (b) Any health care coverage that is available to him
                       or her

 9     as a benefit of employment or that is maintained by him or
                       her;

10     the name of the insurance company, nonprofit health care
                       corpora-

11     tion, or health maintenance organization; the policy,
                       certifi-

12     cate, or contract number; and the names and birth dates of
                       the

13     persons for whose benefit he or she maintains health care
                       cover-

14     age under the policy, certificate, or contract.

15          (5) For the purposes of this section, "support" may
                       include

16     payment of the expenses of medical, dental, and other health

17     care, child care expenses, and educational expenses.  If a
                       sup-

18     port order is entered, the court shall require that 1 or
                       both

19     parents shall obtain or maintain any health care coverage
                       that is

20     available to them at a reasonable cost, as a benefit of
                       employ-

21     ment, for the benefit of the minor children of the parties
                       and,

22     subject to section 16a, for the benefit of the parties'
                       children

23     who are not minor children.  If a parent is self-employed
                       and

24     maintains health care coverage, the court shall require the

25     parent to obtain or maintain dependent coverage for the
                       benefit

26     of the minor children of the parties and, subject to section
                       16a,





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                                   9

 1    for the benefit of the parties' children who are not minor

 2     children, if available at a reasonable cost. 

 3         (2)  (6) Orders  AN ORDER concerning the
             support of

 4     children  A CHILD of the parties  are
              IS GOVERNED BY AND IS

 5    enforceable as provided in the support and parenting time

 6    enforcement act,  Act No. 295 of the Public Acts of 1982,
             being

 7     sections 552.601 to 552.650 of the Michigan Compiled Laws
                        1982

 8    PA 295, MCL 552.601 TO 552.650.  IF THIS ACT CONTAINS A SPECIFIC

 9    PROVISION REGARDING THE CONTENTS OR ENFORCEMENT OF A SUPPORT

10    ORDER THAT CONFLICTS WITH A PROVISION IN THE SUPPORT AND PARENT-

11    ING TIME ENFORCEMENT ACT, 1982 PA 295, MCL 552.601 TO 552.650,

12    THIS ACT CONTROLS IN REGARD TO THAT PROVISION.

13         Enacting section 1.  Section 16a of 1984 RS 84, MCL 552.16a,

14    is repealed.

15         Enacting section 2.  This amendatory act does not take

16    effect unless Senate Bill No. 619

17                           of the 90th Legislature is enacted into

18    law.





















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