Bill Text: MI HB4794 | 2009-2010 | 95th Legislature | Introduced

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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

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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.