HB-4743, As Passed House, October 22, 2015
June 18, 2015, Introduced by Reps. Kosowski, Heise and Kesto and referred to the Committee on Judiciary.
A bill to amend 1971 PA 174, entitled
"Office of child support act,"
by amending section 3 (MCL 400.233), as amended by 2014 PA 381.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. The office shall do all of the following:
(a) Serve as a state agency authorized to administer title IV-
D.
(b) Assist a governmental agency or department in locating an
adult responsible for the child for any of the following purposes:
(i) To establish parentage.
(ii) To establish, set the amount of, modify, or enforce
support obligations.
(iii) To disburse support receipts.
(iv) To make or enforce child custody or parenting time
orders.
(c) Coordinate activity on a state level in a search for an
adult responsible for the child.
(d) Obtain information that directly relates to the identity
or location of an adult responsible for the child.
(e) Serve as the information agency as provided in the revised
uniform reciprocal enforcement of support act, 1952 PA 8, MCL
780.151
to 780.183, and the uniform interstate family support act ,
1996
PA 310, MCL 552.1101 to 552.1901.(2015).
(f) Develop guidelines for coordinating activities of a
governmental department, board, commission, bureau, agency, or
council, or a public or private agency, in providing information
necessary for the location of an adult responsible for the child.
(g) Develop, administer, and coordinate with the state and
federal departments of treasury a procedure for offsetting the
state tax refunds and federal income tax refunds of a parent who is
obligated to support a child and who owes past due support. The
procedure shall include a guideline that the office submit to the
state department of treasury, not later than November 15 of each
year, all requests for the offset of state tax refunds claimed on
returns filed or to be filed for that tax year.
(h) Develop and implement a statewide information system to
facilitate the establishment and enforcement of child support
obligations.
(i) Develop and implement guidelines for the allocation and
distribution of all child support payments that meet the
requirements of federal law, regulation, or rule.
(j) Publicize through regular and frequent, nonsexist public
service announcements the availability of support establishment and
enforcement services.
(k) Develop and implement in cooperation with financial
institutions a data matching and lien and levy system to identify
assets of and to facilitate the collection of support from the
assets of individuals who have an account at a financial
institution and who are obligated to pay support as provided in
this act.
(l) Provide discovery and support for support enforcement
activities as provided in the support and parenting time
enforcement act, 1982 PA 295, MCL 552.601 to 552.650.
(m) Have in effect safeguards against the unauthorized use or
disclosure of case record information that are designed to protect
the privacy rights of the parties as specified in sections 454 and
454a of title IV-D, 42 USC 654 and 654a, and that are consistent
with the use and disclosure standards provided under section 64 of
the social welfare act, 1939 PA 280, MCL 400.64.
(n) As provided in section 10 for friend of the court cases,
centralize administrative enforcement remedies and develop and
implement a centralized enforcement program to facilitate the
collection of support.
(o) Coordinate, through the state friend of the court bureau
created in section 19 of the friend of the court act, 1982 PA 294,
MCL 552.519, the provision of services under title IV-D by friend
of the court offices.
(p) According to federal law, determine a method to calculate
a maximum obligation for reimbursement of medical expenses in
connection with a mother's pregnancy and the birth of a child. The
method shall be based on each parent's ability to pay and on any
other relevant factor, and apportion the expenses in the same
manner as health care expenses are divided under the child support
formula established under section 19 of the friend of the court
act, 1982 PA 294, MCL 552.519.
Enacting section 1. This amendatory act takes effect January
1, 2016.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4742 (request no.
02792'15) of the 98th Legislature is enacted into law.