HOUSE BILL No. 5780


     April 23, 1998, Introduced by Reps. Sanborn, Gernaat, Horton, Cropsey, Green, Raczkowski, Jansen, Dalman, Walberg, Lowe, Goschka, Law, McBryde, Kukuk, McManus, Baade, Llewellyn, Gustafson, Kaza, Voorhees and Perricone and referred to the Committee on Human Services and Children.


        A bill to amend 1982 PA 295, entitled

   "Support and parenting time enforcement act,"

   by amending section 25 (MCL 552.625), as added by 1985 PA 210.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 25.  In addition to providing remedies or imposing pen-

 2    alties otherwise available under this act or other law for the

 3    enforcement of support orders, the court  , upon  MAY DO 1 OR

 4    MORE OF THE FOLLOWING:

 5         (A) UPON petition by the office of the friend of the court

 6    or recipient of support and after notice to the payer and an

 7    opportunity for a hearing,  may do 1 or both of the following:

 8     (a) Impose  IMPOSE a lien for the amount of any support that is

 9    past due upon  such of  the PAYER'S individually owned real or

10    personal property, or both,  of the payer  as the court directs.

11    A judgment imposing a lien on THE PAYER'S real property  of the


   06197'98                                                 GWH
                                              2

 1    payer shall be  IS effective upon the filing and recording of a

 2    certified copy of the judgment in the office of the register of

 3    deeds of the county in which the real property is located.  Upon

 4    default in the payment of support referred to in the judgment,

 5    the court may order the sale of real property subject to the lien

 6    in the manner provided by law for the foreclosure of mortgage

 7    liens; order execution of the judgment; appoint a receiver of the

 8    real and personal property subject to the lien and order the

 9    property and its income to be applied to the amount of the judg-

10    ment; or take any other appropriate action to enforce the

11    judgment.

12         (b)  Require  UPON PETITION BY THE OFFICE OF THE FRIEND OF

13    THE COURT OR RECIPIENT OF SUPPORT AND AFTER NOTICE TO THE PAYER

14    AND AN OPPORTUNITY FOR A HEARING, REQUIRE a payer to provide suf-

15    ficient bond, security, or other guarantee to secure the payment

16    of support that is past due  ,  or due in the future, or both.

17    Upon default in the payment of an amount secured by the bond, the

18    court, after notice to the payer and sureties, if any, and an

19    opportunity for a hearing, may render judgment against the payer

20    and sureties for the amount of unpaid support.  Upon default in

21    the payment of the amount awarded in the judgment, the court may

22    order execution of the judgment; appoint a receiver of the real

23    and personal property of the payer and order the property and its

24    income to be applied to the amount of the judgment; or take any

25    other appropriate action to enforce the judgment.

26         (C) UPON PETITION BY THE FAMILY INDEPENDENCE AGENCY, OFFICE

27    OF THE FRIEND OF THE COURT, OR RECIPIENT OF SUPPORT AND AFTER



   06197'98
                                   3

 1    NOTICE TO THE PAYER'S PARENT AND AN OPPORTUNITY FOR A HEARING,

 2    THE COURT MAY ORDER A PAYER'S PARENT TO PAY THE PAYER'S ARREARAGE

 3    OR ONGOING CHILD SUPPORT OBLIGATION.  THE COURT SHALL NOT UTILIZE

 4    THIS SUBDIVISION UNLESS THE PARENTS OF THE CHILD WHO IS THE BASIS

 5    OF THE CHILD SUPPORT ARE BOTH MINORS AND THE CHILD'S CUSTODIAL

 6    PARENT OR THE CHILD IS RECEIVING FINANCIAL ASSISTANCE UNDER TITLE

 7    IV OF THE SOCIAL SECURITY ACT, CHAPTER 531, 49 STAT. 620, 42

 8    U.S.C. 601 TO 603, 604 TO 608, 609 TO 619, 620 TO 629e, 651 TO

 9    660, 663 TO 669b, 670 TO 673, 673b, 674 TO 679, 679b, AND 681 TO

10    687.




































   06197'98          Final page.                            GWH