February 9, 2005, Introduced by Rep. Hummel and referred to the Committee on Judiciary.
A bill to amend 1982 PA 295, entitled
"Support and parenting time enforcement act,"
by amending section 5c (MCL 552.605c), as added by 2002 PA 565.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
5c. (1) All A support orders order
shall be stated in
monthly amounts payable on the first of each month in advance. A
support obligation not paid by the last day of the month in which
it accrues is past due. If a support order does not state the
amount of support as a monthly amount, the support amount stated in
the order shall be converted to a monthly amount using the formula
established by the state court administrative office.
(2) If payments under a support order are being made in the
amount
required , through income withholding, pursuant to under
an installment payment order, or otherwise, and there are no
preexisting arrearages, the friend of the court shall not consider
the payer as having an arrearage if a periodic temporary arrearage
is
created based upon by the conversion of the monthly support
order
to an income withholding order or other payment schedule and
which
the temporary arrearage
results from a divergence between
the cycle of payments under the income withholding or payment
schedule and the cycle of charges.
(3) If a support order takes effect on other than the first
day of a month, the monthly amount is prorated based on the daily
amount for that month. A monthly support order amount shall be
prorated for the last month in which the order is in effect.
(4) If the title IV-D agency receives a support payment that,
at the time of its receipt, exceeds a payer's support amount
payable plus an amount payable under an arrearage payment schedule,
the title IV-D agency shall apply the excess against the payer's
total arrearage accrued under all support orders under which the
payer is obligated. If a balance remains after application against
the total arrearage, the title IV-D agency shall do 1 of the
following:
(a) If the payer designates the balance as additional support,
immediately disburse that amount to the recipient of support.
(b) If, at the time the payment is received, the payer is
obligated under a support order for a future support payment and
the balance is less than or equal to the monthly support order
amount, retain the balance and disburse it to the recipient of
support immediately when the amount is payable as support.
(c) If, at the time the payment is received, the payer is not
obligated for a future support payment, or the payer is obligated
under a support order for a future support payment but the sum of
the balance plus the amount received monthly from the payer under
an income withholding order is greater than the monthly support
order
amount, return the balance excess to the payer. The agency
is not required to refund an amount less than $10.00, if the payer
remains obligated for a future support payment.