Bill Text: MI HB4794 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Family law; child support; inclusion of personal identifying information in an order under the family support act; prohibit unless required by law. Amends sec. 2 of 1966 PA 138 (MCL 552.452).
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Introduced - Dead) 2009-04-21 - Printed Bill Filed 04/03/2009 [HB4794 Detail]
Download: Michigan-2009-HB4794-Introduced.html
HOUSE BILL No. 4794
April 2, 2009, Introduced by Reps. Haase, Byrum, Kennedy, Huckleberry, Scripps, Terry Brown, Geiss, Donigan, Durhal, Bauer, Gregory, Haugh, Leland, Segal and Meadows and referred to the Committee on Judiciary.
A bill to amend 1966 PA 138, entitled
"The family support act,"
by amending section 2 (MCL 552.452), as amended by 2002 PA 574.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
2. (1) Upon the On hearing of the a
complaint filed under
section 1, in the manner of a motion, the court may enter an order
as it determines proper for the support of the petitioner and the
minor child or children of the parties as prescribed in section 5
of the support and parenting time enforcement act, 1982 PA 295, MCL
552.605. The order shall provide that payment shall be made to the
friend of the court or the state disbursement unit. If the parent
complained of opposes the entry of the order upon the ground that
he or she is without sufficient financial ability to provide
necessary shelter, food, care, clothing, and other support for his
or her spouse and child or children, the burden of proving this
lack of ability is on the parent against whom the complaint is
made. The order shall state in separate paragraphs the amount of
support for the petitioner until the further order of the court,
and the amount of support for each child until each child reaches
18 years of age or until the further order of the court. Subject to
section 5b of the support and parenting time enforcement act, 1982
PA 295, MCL 552.605b, the court may also order support for the
child after the child reaches 18 years of age, or until the further
order of the court.
(2) A support order entered under this section is enforceable
as provided in the support and parenting time enforcement act, 1982
PA 295, MCL 552.601 to 552.650. If this act contains a specific
provision regarding the contents or enforcement of a child support
order that conflicts with a provision in the support and parenting
time enforcement act, 1982 PA 295, MCL 552.601 to 552.650, this act
controls in regard to that provision.
(3) If there is no dispute regarding a child's custody, the
court shall include in an order for support issued under this act
specific provisions governing custody of and parenting time for the
child in accordance with the child custody act of 1970, 1970 PA 91,
MCL 722.21 to 722.31. If there is a dispute regarding custody of
and parenting time for the child, the court shall include in an
order for support issued under this act specific temporary
provisions governing custody of and parenting time for the child.
Pending a hearing on or other resolution of the dispute, the court
may refer the matter to the office of the friend of the court for a
written report and recommendation as provided in section 5 of the
friend of the court act, 1982 PA 294, MCL 552.505. In a dispute
regarding custody of and parenting time for a child, the
prosecuting attorney is not required to represent either party
regarding the dispute.
(4) An order under this section, or any document attached to
or filed in the case file with the order, shall not contain
personal identifying information unless specifically required by
state or federal law, rule, or regulation, or by a court order or
rule. This section does not affect an obligation of a person to
provide personal identifying information to the friend of the court
or another person.
(5) The court may order that an order or document that does
not comply with subsection (4) be filed in the case file if the
personal identifying information is redacted.
(6) As used in this section, "personal identifying
information" means that term as defined in section 3 of the
identity theft protection act, 2004 PA 452, MCL 445.63, except that
personal identifying information does not include a person's name
or address.