Bill Text: MI SB1090 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Family law: child support; abatement of support payment when the noncustodial parent is incarcerated; provide for. Amends sec. 5d of 1982 PA 295 (MCL 552.605d).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2020-12-30 - Assigned Pa 0348'20 [SB1090 Detail]
Download: Michigan-2019-SB1090-Engrossed.html
Substitute For
SENATE BILL NO. 1090
A bill to amend 1982 PA 295, entitled
"Support and parenting time enforcement act,"
by amending section 5d (MCL 552.605d), as amended by 2014 PA 380.
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 must
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.department.
(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) On and after 1 year after the effective date of the 2020
amendatory act that amended this section, each support order the court enters or
modifies must include substantially the following statements: If the payer will
be incarcerated for 180 consecutive days or more and will not have the ability
to pay support, the monthly amount of support payable under the order must be
abated, by operation of law, subject to section 17f of the friend of the court
act, MCL 552.517f.
(3) (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).
(4) A support order entered before 1 year after the effective
date of the 2020 amendatory act that amended this section is considered to
include, by operation of law, the provisions stated in subsection (2).
(5) A party to a domestic relations matter for which there is
not an open friend of the court case may file a motion with the circuit court
when a payer will be incarcerated for 180 consecutive days or more with no
ability to pay, to request that the provisions of section 17f(1) of the friend
of the court act, MCL 552.517f, apply. When the payer is released from
incarceration, a party may file a motion with the circuit court to request that
the provisions of section 17f(9) of the friend of the court act, MCL 552.517f,
apply and that the order be modified.
(6) (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. department. An
assignment of support as required by this subsection has priority over a
redirection of support authorized by this section.
(7) (4) Subject to
subsection (5), (8), 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), (8), the
office of the friend of the court shall must 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.
(8) (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 must review the
support order under section 17 of the friend of the court act, MCL 552.517, or shall must notify each
party that the party may file a motion to modify support.
(9) (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 does not take effect unless Senate Bill No. 1091 of the 100th Legislature is enacted into law.