Bill Text: MI HB5469 | 2013-2014 | 97th Legislature | Chaptered
Bill Title: Family law; child support; consolidation of child support functions into 1 local agency; provide for in the uniform interstate family support act. Amends secs. 308 & 312 of 1996 PA 310 (MCL 552.1308 & 552.1312).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-12-18 - Assigned Pa 370'14 With Immediate Effect [HB5469 Detail]
Download: Michigan-2013-HB5469-Chaptered.html
Act No. 370
Public Acts of 2014
Approved by the Governor
December 17, 2014
Filed with the Secretary of State
December 17, 2014
EFFECTIVE DATE: March 17, 2015
STATE OF MICHIGAN
97TH LEGISLATURE
REGULAR SESSION OF 2014
Introduced by Rep. Kurtz
ENROLLED HOUSE BILL No. 5469
AN ACT to amend 1996 PA 310, entitled “An act to make uniform the laws relating to interstate family support enforcement; and to repeal acts and parts of acts,” by amending sections 308 and 312 (MCL 552.1308 and 552.1312), as amended by 1998 PA 65.
The People of the State of Michigan enact:
Sec. 308. (1) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly under section 301, the tribunal shall do all of the following:
(a) Cause the petition or pleading to be filed.
(b) Notify the petitioner by first-class mail where and when it was filed.
(c) Notify the prosecuting attorney or the office of the friend of the court. If notified under this subdivision, the prosecuting attorney or friend of the court shall conduct proceedings as appropriate under this act.
(2) The prosecuting attorney and the department of human services may enter into an agreement to transfer the prosecutor’s responsibilities under this act to 1 of the following:
(a) The friend of the court, with the approval of the chief judge of the circuit court.
(b) An attorney employed or contracted by the county under section 1 of 1941 PA 15, MCL 49.71.
(c) An attorney employed by, or under contract with, the department of human services.
(3) A proceeding under this section is conducted on behalf of the state and not as the attorney for any other party.
(4) A responding tribunal of this state, to the extent otherwise authorized by law, may do 1 or more of the following:
(a) Issue or enforce a support order, modify a child support order, or render a judgment to determine parentage.
(b) Order an obligor to comply with a support order, specifying the amount and the manner of compliance.
(c) Order income withholding.
(d) Determine the amount of an arrearage and specify a method of payment.
(e) Enforce an order by civil or criminal contempt, or both.
(f) Set aside property for satisfaction of a support order.
(g) Place liens and order execution on an obligor’s property.
(h) Order an obligor to keep the tribunal informed of the obligor’s current residential address and telephone number, employer, and employment address and telephone number.
(i) Issue a bench warrant for an obligor who fails after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in the L.E.I.N.
(j) Order an obligor to seek appropriate employment by specified methods.
(k) Award reasonable attorney fees and other fees and costs.
(l) Grant another available remedy.
(5) A responding tribunal of this state shall include in a support order issued under this act or in the documents accompanying the order the calculations on which the support order is based.
(6) A responding tribunal of this state shall not condition the payment of a support order issued under this act upon compliance by a party with provisions for parenting time.
(7) If a responding tribunal of this state issues an order under this act, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.
Sec. 312. (1) Upon request, a support enforcement agency of this state, or upon the support enforcement agency’s request, the prosecuting attorney or office of the friend of the court, shall provide services to a petitioner in a proceeding under this act. A support enforcement agency, prosecuting attorney, or office of the friend of the court that is providing services to the petitioner as appropriate shall do all of the following:
(a) Take all steps necessary to enable an appropriate tribunal in this state or another state to obtain jurisdiction over the respondent.
(b) Request an appropriate tribunal to set a hearing date, time, and place.
(c) Make a reasonable effort to obtain all relevant information, including information as to the parties’ income and property.
(d) Within 2 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written notice from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner.
(e) Within 2 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written communication from the respondent or the respondent’s attorney, send a copy of the communication to the petitioner.
(f) Notify the petitioner if jurisdiction over the respondent cannot be obtained.
(2) This act does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the support enforcement agency and the individual being assisted by the support enforcement agency.
(3) The prosecuting attorney and the department of human services may enter into an agreement to transfer the prosecutor’s responsibilities under this act to 1 of the following:
(a) The friend of the court, with the approval of the chief judge of the circuit court.
(b) An attorney employed or contracted by the county under section 1 of 1941 PA 15, MCL 49.71.
(c) An attorney employed by, or under contract with, the department of human services.
(4) A proceeding under this section is conducted on behalf of the state and not as the attorney for any other party.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
