Family law: child support; cancellation of child support; allow under certain circumstances. Amends…

Full Bill Text

SENATE BILL NO. 1188 A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," by amending sections 3, 19, and 27 (MCL 552.603, 552.619, and 552.627), section 3 as amended by 2014 PA 378, section 19 as amended by 2009 PA 193, and section 27 as amended by 2004 PA 206, and by adding section 18. the people of the state of michigan enact: Sec. 3. (1) A support order issued by a court of this state shall must be enforced as provided in this act. (2) Except as otherwise provided in this section and section 18 , a support order that is part of a judgment or is an order in a domestic relations matter is a judgment on and after the date the support amount is due as prescribed described in section 5c, with the full force, effect, and attributes of a judgment of this state, and is not, on and after the date it is due, subject to retroactive modification but may be subject to retroactive correction as provided in section 18 . No additional action is necessary to reduce support to a final judgment. Retroactive modification of a support payment due under a support order is permissible with respect to a period during which there is pending a petition for modification, but only from the date that notice of the petition was given to the payer or recipient of support. A retroactive correction under section 18 of a support arrearage owed under a support order that is terminated as provided in section 18 is a retroactive correction of a mistake and not a retroactive modification. (3) This section does not apply to an ex parte interim support order or a temporary support order entered under supreme court rule. (4) The office of the friend of the court shall make available to a payer or payee the forms and instructions described in section 5 of the friend of the court act, 1982 PA 294, MCL 552.505. (5) This section does not prohibit a court approved agreement between the parties to retroactively modify a support order. This section does not limit other enforcement remedies available under this act or another act. (6) Every A support order that is part of a judgment issued by a court of this state or that is an order in a domestic relations matter shall must include all of the following: (a) Substantially the following statement: "Except as otherwise provided in section sections 3 and 18 of the support and parenting time enforcement act, 1982 PA 295, MCL 552.603 and 552.618 , a support order that is part of a judgment or that is an order in a domestic relations matter as defined in section 2 of the friend of the court act, 1982 PA 294, MCL 552.502, is a judgment on and after the date each support payment is due, with the full force, effect, and attributes of a judgment of this state, and is not, on and after the date it is due, subject to retroactive modification but may be subject to retroactive correction . A surcharge may be added to support amounts that are past due as provided in section 3a of the support and parenting time enforcement act, 1982 PA 295, MCL 552.603a.". (b) Notice informing the payer of the imposition of liens by operation of law and that the payer's real and personal property can may be encumbered or seized if an arrearage accrues in an amount greater than the amount of periodic support payments payable under the payer's support order for the time period specified in this act. (c) Notice that an order for dependent health care coverage takes effect immediately and that, in a friend of the court case, a national medical support notice will be sent to the parent's current and subsequent employers and insurers if appropriate. The notice shall must inform the parent that he or she the parent may contest the action by requesting a review or hearing concerning availability of health care coverage at a reasonable cost. (d) Notice informing the payer that if the payer does not file and serve a responsive pleading within 180 days from the date of personal service, a retroactive correction must only be allowed beginning on the date of the genetic test results that exclude the individual as the child's biological father. (7) A support order that is an order in a friend of the court case shall must require each party to provide all of the following information to the friend of the court in writing: (a) A single mailing address for the party , to which that all notices and papers in the case will be served. (b) The party's residential address. (c) The party's telephone number. (d) A statement of whether the payer or payee holds an occupational license, a driver's driver license, or a recreational license. (e) The names, addresses, and telephone numbers of the payer's and payee's current sources of income. (f) The payer's and payee's social security Social Security numbers and driver's driver license numbers. The requirement of this subdivision to provide a social security Social Security number does not apply to a payer or payee who demonstrates he or she that the payer or payee is exempt under law from obtaining a social security Social Security number or to a payer or payee who for religious convictions is exempt under law from disclosure of his or her social security the payer's or payee's Social Security number under these circumstances. The court shall inform the payer and payee of this possible exemption. (8) A support order that is an order in a friend of the court case shall must include a requirement that if any of the information provided to the friend of the court under subsection (7) changes, each party shall notify the friend of the court of the new information within 21 days after the change and that a failure to provide the new information may subject the party to imposition of a fee under subsection (12). A notice of new information under this subsection shall must be in writing or by any other method allowed under guidelines established by the state court administrative office under the supervision and direction of the supreme court. (9) Except as provided in sections 3, 11 , 18, and 25a, service of notices or other papers under this act and under the friend of the court act , shall 1982 PA 294, MCL 552.501 to 552.535, must be made by first-class mail, postage prepaid. If mail is returned as undeliverable from that address or the friend of the court or the department determines through use of an automated federal database that mail is not deliverable to that address, the friend of the court may change the address according to guidelines established by the state court administrative office or the supreme court. (10) Unless otherwise required under federal law or regulation , requires otherwise, if mail served under subsection (9) is returned from an address and a new address has not been established within 21 days after the mail is returned, the party waives his or her the party's right to notice and the friend of the court is not obligated to serve any notice or other paper until the party submits a written change of address to the friend of the court or until the friend of the court has changed the address according to subsection (9). This subsection does not apply when personal service is required under section 4 of the paternity act, 1956 PA 205, MCL 722.714. (11) A support order shall must not accrue interest. (12) If a person fails to comply with the requirements of this section, the court may impose a fee set according to a policy established by the state court administrative office under the supervision and direction of the supreme court. A fee ordered under this subdivision shall must be deposited in the friend of the court fund created in section 2530 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2530. (13) In a proceeding to enforce support, a report, record, or information from the Michigan child support enforcement system or the support disbursement unit that relates to paid or unpaid support is prima facie authentic and may be admitted into evidence without extrinsic evidence of authenticity. Sec. 18. (1) An individual may file a motion for relief from a court order that states that the individual is a child's father or that requires the individual to pay child support. Except as otherwise provided in this section, the court shall vacate an order stating an individual is a child's father or terminate a child support order if the court finds both of the following: (a) Genetic paternity testing results are admitted into evidence and the results exclude the individual as the child's biological parent. (b) The individual is not the child's adoptive parent. (2) The court may grant a motion to vacate an order described under subsection (1) even if the court finds that the individual who filed the motion knew of genetic paternity testing results that excluded the individual as the child's biological parent more than 180 days before the motion was filed and the individual cannot show good cause as to the failure to file the motion within 180 days after obtaining the genetic paternity testing results. (3) An individual shall file a motion under this section with the court that issued the order from which the moving party seeks relief. (4) In a proceeding under this section, the court, on application made by or on behalf of either party, or on its own motion, shall order the child, the child's mother, and the individual filing the motion under subsection (1) to submit to genetic paternity testing within 30 days after the order requiring genetic paternity testing is issued. Genetic paternity testing under this section is subject to the same procedures as genetic paternity testing ordered under section 6 of the paternity act, 1956 PA 205, MCL 722.716. (5) If the court grants a motion under this section to vacate or terminate an order, and the moving party and child are also the subjects of a parenting time order, the court shall terminate the parenting time order. Except as provided in this subsection, if the court grants a motion under this section to terminate a child support order and an arrearage exists under that order, the court shall retroactively correct the arrearage. If the moving party did not file and serve a responsive pleading within 180 days from being personally served as provided in section 4 of the paternity act, 1956 PA 205, MCL 722.714, the arrearage must not be retroactively corrected. (6) If the court does not grant a motion filed under this section to terminate a child support order, the court shall order the costs of the action and each opposing party's reasonable attorney fees to be paid by the responsible biological father or to be shared equally by the responsible parties. The court shall not order an innocent individual whom genetic paternity testing results excluded from being the child's biological father to pay the costs of the action or an opposing party's reasonable attorney fee. Sec. 19. (1) If the court awards to the payer sole custody of a child for whom the payer has been previously ordered to pay support and a previously accumulated arrearage under the support order for that child does not exist, the court shall modify any existing support order to exclude support ordered to be paid by that payer for that particular child. If an existing support order does not provide for support to any other child of whom the payer does not have custody, for support to a former spouse, or for payments of pregnancy or birth expenses, the court shall terminate the order of income withholding as soon as any previously accumulated arrearage has been paid. (2) The office of the friend of the court shall suspend or terminate an order of income withholding under any of the following circumstances: (a) The location of the child and custodial parent cannot be determined for a period of 60 days or more, and the friend of the court case is being closed. (b) The court determines that there is no further support obligation. (c) When otherwise determined by the court, upon on a showing of good cause, and if the court determines that such the suspension or termination is not contrary to the best interests of the child. In making a determination under this subdivision, the court may consider the previous payment record of the payer, evidence of the payer's intent to make regular and timely support payments, and any other factors considered relevant by the court. However, the The payment of arrearages under the support order shall must not be the sole reason for termination of an order of income withholding. (d) The parties enter into a written agreement that is reviewed and entered in the record by the court that provides for all of the following: ( i ) The order of income withholding shall must be suspended. ( ii ) An alternative payment arrangement. ( iii ) For a friend of the court case, the payer shall keep the office of the friend of the court informed of both of the following: (A) The name and address of his or her the payer's current source of income. (B) Any health care coverage that is available to him or her the payer as a benefit of employment or that is maintained by him or her; the payer; the name of the insurance company, health care organization, or health maintenance organization; the policy, certificate, or contract number; and names and birth dates of the persons for whose benefit he or she the payer maintains health care coverage under the policy, certificate, or contract. (e) The court vacates or terminates a child support order under section 18. (3) The parties shall not enter into a written agreement under subsection (2)(d) if either of the following circumstances exists: (a) There is a support arrearage that is not subject to a retroactive correction under section 18 . (b) An order of income withholding was previously suspended or terminated and subsequently implemented due to because of the payer's failure to pay support. (4) If a written agreement is entered into under subsection (2)(d), the order of income withholding shall must take effect when an arrearage in support payments as agreed to under the written agreement reaches the arrearage amount that would require the initiation of 1 or more support enforcement measures if the case were a friend of the court case, as provided in section 11 of the friend of the court act, 1982 PA 294, MCL 552.511. (5) The court may suspend or terminate an order of income withholding if the custodial parent moves out of this state without court authorization. (6) The office of the friend of the court shall promptly refund money that has been improperly withheld. Sec. 27. (1) Under the Michigan court rules, the circuit court may take other enforcement action under applicable laws, including, but not limited to, the following: (a) 1846 RS 84, MCL 552.1 to 552.45. (b) 1913 PA 379, MCL 552.151 to 552.156. (c) The family support act, 1966 PA 138, MCL 552.451 to 552.459. (d) Section 1701 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1701. (e) 1968 PA 293, MCL 722.1 to 722.6. (f) The child custody act of 1970, 1970 PA 91, MCL 722.21 to 722.31. (g) The paternity act, 1956 PA 205, MCL 722.711 to 722.730. (2) Even Except as otherwise provided in this subsection, even if another act of this state provides that this act applies to support orders issued under the other act, if that other act contains a specific provision regarding the contents or enforcement of the support order that conflicts with this act, the other act controls in regard to that provision. This subsection does not apply to another act that conflicts with section 18. If a provision of another act of this state conflicts with section 18, section 18 controls in regard to that provision. (3) Nothing in this This section authorizes does not authorize the IV-D agency to pursue enforcement action under applicable laws except as otherwise specifically authorized by statute or court rule. Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 1189 of the 103rd Legislature is enacted into law.