HB-6016, As Passed House, November 9, 2004
June 9, 2004, Introduced by Rep. Brandenburg and referred to the Committee on Judiciary.
A bill to amend 1966 PA 138, entitled
"The family support act,"
by amending the title and sections 1, 1a, 1b, 2, and 4 (MCL
552.451, 552.451a, 552.451b, 552.452, and 552.454), the title and
section 2 as amended by 2002 PA 574, sections 1 and 1a as amended
by 2002 PA 8, section 1b as amended by 1990 PA 237, and section 4
as amended by 1999 PA 158.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 TITLE
2 An act to confer jurisdiction upon the circuit courts to
3 order and enforce the payment of money for the support, in
4 certain cases, of parents
having physical custody of minor
5 children or children who have reached the age of majority and of
6 minor children or children who have reached the age of majority
7 by noncustodial other
parents and to enter orders governing
1 custody and parenting time for those children; to provide for
2 the termination of the effectiveness of the support orders; and
3 to provide for the payment of fees and assessment of costs in
4 those cases.
5 Sec. 1. A married parent who has a minor child or children
6 living with him or her and who is living separate and away from
7 his or her spouse who is
the noncustodial other parent of the
8 child or children, and who is refused financial assistance by the
9 noncustodial other parent to provide necessary shelter,
food,
10 care, and clothing for the child or children, if the spouse is of
11 sufficient financial ability to provide that assistance, may
12 complain to the circuit court for the county where either parent
13 resides for an order for support for himself or herself and the
14 minor child or children. Subject to section 5b of the support
15 and parenting time enforcement act, 1982 PA 295, MCL 552.605b,
16 the parent may also complain to the circuit court for support for
17 a child or children after they reach 18 years of age. The
18 proceedings shall be commenced by the filing of a complaint
19 verified by the petitioner and by issuance of a summons that
20 shall be personally
served upon the noncustodial other parent
21 of the children and spouse of the petitioner. A complaint shall
22 not be filed nor shall any summons issue if divorce or separate
23 maintenance proceedings are then pending between the petitioner
24 and his or her spouse.
25 Sec. 1a. A custodial
parent, with whom the child or
26 children reside, or guardian of a minor child or children or a
27 child or children who have reached 18 years of age may proceed in
1 the same manner, and under the same circumstances as provided in
2 section 1, against the noncustodial
other parent for the
3 support of the child or children. The order of support shall
4 provide only for the support of the child or children, and the
5 burden of proof shall be the same as provided in section 2. This
6 section applies only to legitimate, legitimated, and lawfully
7 adopted minor children and, subject to section 5b of the support
8 and parenting time enforcement act, 1982 PA 295, MCL 552.605b,
9 children after they reach 18 years of age.
10 Sec. 1b. The
director of social services the family
11 independence agency or his or her designated representative or
12 the director of the
county department of social services family
13 independence agency of
the county where the custodial parent
14 with whom a minor child or children reside or minor child or
15 children or child or children who have reached 18 years of age
16 reside or the director's designated representative may proceed in
17 the same manner and under the same circumstances as provided in
18 sections 1 and 1a against
the noncustodial other parent for the
19 support of the custodial
parent, with whom the minor child or
20 children reside, and minor child or children or child or children
21 who have reached 18 years
of age if the custodial parent, with
22 whom the minor child or children reside, and minor child or
23 children or child or children who have reached 18 years of age or
24 any of them are being supported, in whole or in part, by public
25 assistance under the
social welfare act, Act No. 280 of the
26 Public Acts of 1939,
as amended, being sections 400.1 to 400.121
27 of the Michigan
Compiled Laws 1939 PA 280, MCL
400.1 to
1 400.119b. The burden of
proof shall be is the same as provided
2 in section 2.
3 Sec. 2. (1) Upon the hearing of the complaint, in the
4 manner of a motion, the court may enter an order as it determines
5 proper for the support of the petitioner and the minor child or
6 children of the parties as prescribed in section 5 of the support
7 and parenting time enforcement act, 1982 PA 295, MCL 552.605.
8 The order shall provide that payment shall be made to the friend
9 of the court or the state disbursement unit. If the parent
10 complained of opposes the entry of the order upon the ground that
11 he or she is without sufficient financial ability to provide
12 necessary shelter, food, care, clothing, and other support for
13 his or her spouse and child or children, the burden of proving
14 this lack of ability is on the parent against whom the complaint
15 is made. The order shall state in separate paragraphs the amount
16 of support for the petitioner until the further order of the
17 court, and the amount of support for each child until each child
18 reaches 18 years of age or until the further order of the court.
19 Subject to section 5b of the support and parenting time
20 enforcement act, 1982 PA 295, MCL 552.605b, the court may also
21 order support for the child after the child reaches 18 years of
22 age, or until the further order of the court.
23 (2) A support order entered under this section is enforceable
24 as provided in the support and parenting time enforcement act,
25 1982 PA 295, MCL 552.601 to 552.650. If this act contains a
26 specific provision regarding the contents or enforcement of a
27 child support order that conflicts with a provision in the
1 support and parenting time enforcement act, 1982 PA 295, MCL
2 552.601 to 552.650, this act controls in regard to that
3 provision.
4 (3) If there is no
dispute regarding a child's custody
5 parenting time, the court shall include in an order for support
6 issued under this act
specific provisions governing custody of
7 and parenting time for the child in accordance with the
child
8 custody act of 1970 parenting time act, 1970 PA 91, MCL 722.21
9 to 722.31. If there is a
dispute regarding custody of and
10 parenting time for the child, the court shall include in an order
11 for support issued under this act specific temporary provisions
12 governing custody of
and parenting time for the child. Pending
13 a hearing on or other resolution of the dispute, the court may
14 refer the matter to the office of the friend of the court for a
15 written report and recommendation as provided in section 5 of the
16 friend of the court act, 1982 PA 294, MCL 552.505. In a dispute
17 regarding custody of
and parenting time for a child, the
18 prosecuting attorney is not required to represent either party
19 regarding the dispute.
20 Sec. 4. (1) If the county family independence agency where
21 the custodial parent,
with whom the child or children reside,
22 or guardian of the minor child or children or the child or
23 children who have reached 18 years of age resides determines the
24 custodial parent, the minor child or children, the child or
25 children who have reached 18 years of age, or any of them to be
26 eligible for public or medical assistance, or if a complaint is
27 being filed under section 1b, the prosecuting attorney shall act
1 as the attorney for the petitioner.
2 (2) The prosecuting attorney shall utilize the child support
3 formula developed under section 19 of the friend of the court
4 act, 1982 PA 294, MCL 552.519, as a guideline in petitioning for
5 child support. Upon certification by the family independence
6 agency that the custodial
parent, with whom the minor child or
7 children reside, and minor child or children or child or children
8 who have reached 18 years of age are receiving public assistance,
9 a payment received by the friend of the court or the state
10 disbursement unit for the
support of the custodial parent and
11 minor child or children or child or children who have reached 18
12 years of age shall be transmitted to the family independence
13 agency.
14 Enacting section 1. This amendatory act takes effect
15 January 1, 2005.
16 Enacting section 2. This amendatory act does not take
17 effect unless Senate Bill No. ____ or House Bill No. 5949
18 (request no. 03652'03) of the 92nd Legislature is enacted into
19 law.