Bill Text: MI SB0526 | 2013-2014 | 97th Legislature | Chaptered
Bill Title: Family law; child support; assignments of support process; modify. Amends sec. 5d of 1982 PA 295 (MCL 552.605d).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2014-12-30 - Assigned Pa 0380'14 With Immediate Effect [SB0526 Detail]
Download: Michigan-2013-SB0526-Chaptered.html
Act No. 380
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 Senators Caswell and Colbeck
ENROLLED SENATE BILL No. 526
AN ACT to amend 1982 PA 295, entitled “An act to provide for and to supplement statutes that provide for the provisions and enforcement of support, health care, and parenting time orders with respect to divorce, separate maintenance, paternity, child custody and support, and spousal support; to prescribe and authorize certain provisions of those orders; to prescribe the powers and duties of the circuit court and friend of the court; to prescribe certain duties of certain employers and other sources of income; to provide for penalties and remedies; and to repeal acts and parts of acts,” by amending section 5d (MCL 552.605d), as amended by 2009 PA 193.
The People of the State of Michigan enact:
Sec. 5d. (1) On and after June 1, 2003, each support order the court enters or modifies shall include substantially the following provisions:
(a) If a child for whom support is payable under the order is under the state’s jurisdiction and is placed in foster care, that support payable under the order is assigned to the department.
(b) If a child for whom support is payable under the order is under court jurisdiction and is placed in county-funded foster care, that support payable under the order is assigned to the funding county.
(c) For a friend of the court case, substantially the following statements:
(i) “The office of the friend of the court may consider the person who is providing the actual care, support, and maintenance of a child for whom support is ordered as the recipient of support for the child and may redirect support paid for that child to that recipient of support, subject to the procedures prescribed in section 5d of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605d.”.
(ii) “If the payer resides full-time with a child for whom support is payable under this order, support for that child abates in accordance with policies established by the state friend of the court bureau and subject to the procedures prescribed in section 5d of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605d.”.
(2) In a friend of the court case, a support order that was entered before June 1, 2003 is considered to include, by operation of law, the provisions stated in subsection (1).
(3) If a child for whom support is payable under a support order is under the state’s jurisdiction and is placed in foster care, support payable under the order is assigned to the department. If the child is placed in county-funded foster care, the support payable under the order is assigned to the funding county. An assignment of support as required by this subsection has priority over a redirection of support authorized by this section.
(4) Subject to subsection (5), for a friend of the court case, the office of the friend of the court may consider the person who is providing the actual care, support, and maintenance of a child for whom support is ordered as the recipient of support for the child and may redirect support paid for that child to that recipient of support. Subject to subsection (5), the office of the friend of the court shall abate support under a support order that is payable as support for a child who resides full-time with the payer, in accordance with policies established by the state friend of the court bureau.
(5) A party to a support order may object to redirection or abatement of support under this section. Support shall not be redirected or abated under this section until 21 days after the office of the friend of the court notifies each party of the proposed action and each party’s right to object. If a party objects within 21 days after the notification, support shall not be redirected or abated under this section. After an objection, the office of the friend of the court shall review the support order under section 17 of the friend of the court act, MCL 552.517, or shall notify each party that the party may file a motion to modify support.
(6) The state friend of the court bureau may implement policies to assist offices of the friend of the court in determining when an office of the friend of the court should give notice of a proposed redirection or abatement of support under this section.
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.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
