HOUSE BILL No. 4824 June 17, 1999, Introduced by Reps. Jansen and Hart and referred to the Committee on Family and Children Services. A bill to amend 1985 PA 216, entitled "Interstate income withholding act," by amending sections 3, 5, and 10 (MCL 552.673, 552.675, and 552.680), section 3 as amended by 1996 PA 11 and section 5 as amended by 1990 PA 354. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 3. As used in this act: 2 (a) "Agency" means the court or entity inany other3 ANOTHER jurisdiction with functions similar to those assigned in 4 this act to the office of the friend of the court and the office 5 of child support relative to the issuance and enforcement of sup- 6 port orders. 7 (b) "Child" meansanyA child, whether above or below the 8 age of majority, with respect to whom a support order exists. 03889'99 GWH 2 1 (c) "Court" means the circuit court of this state and, when 2 the context requires, the court or entity of another jurisdiction 3 with functions similar to those assigned in this act to the cir- 4 cuit court of this state relative to the issuance and enforcement 5 of support orders. 6 (d) "Income" means income as defined in section 2 of the 7 support and parenting time enforcement act,being section8552.602 of the Michigan Compiled LawsMCL 552.602. 9 (e) "Income derived in this jurisdiction" meansany10 income, the source of income of which is subject to the jurisdic- 11 tion of this state for the purpose of imposing and enforcing 12 income withholding under the support and parenting time enforce- 13 ment act. 14 (f) "Jurisdiction" meansanyA state or political subdivi- 15 sion, territory, or possession of the United States; the District 16 of Columbia; or the Commonwealth of Puerto Rico. 17 (g) "Obligee" meansanyA person or entity that is enti- 18 tled to receive support under a support order, and includes an 19 entity of another jurisdiction to which a person has assigned his 20 or her right to support. 21 (h) "Obligor" meansanyA person required to make payments 22 under the terms of a support order for a child, spouse, or former 23 spouse. 24 (i) "Office of child support" means the entitycreated25 ESTABLISHED in section 2 of the office of child support act,Act26No. 174 of the Public Acts of 1971, being section 400.232 of the27Michigan Compiled Laws1971 PA 174, MCL 400.232. 03889'99 3 1 (j) "Office of the friend of the court" meansthe entity2 AN OFFICE created in section 3 of the friend of the court act, 3Act No. 294 of the Public Acts of 1982, being section 552.503 of4the Michigan Compiled Laws1982 PA 294, MCL 552.503. 5 (k) "Order of income withholding" means order of income 6 withholding as defined in section 2 of the support and parenting 7 time enforcement act, MCL 552.602, or the equivalent document 8 issued in another jurisdiction. 9 (l) "Source of income" means source of income as defined in 10 section 2 of the support and parenting time enforcement act, MCL 11 552.602. 12 (M) "STATE DISBURSEMENT UNIT" OR "SDU" MEANS THE ENTITY 13 ESTABLISHED IN SECTION 6 OF THE OFFICE OF CHILD SUPPORT ACT, 1971 14 PA 174, MCL 400.236. 15 (N)(m)"Support and parenting time enforcement act" means 16Act No. 295 of the Public Acts of 1982, being sections 552.60117to 552.650 of the Michigan Compiled Laws1982 PA 295, MCL 18 552.601 TO 552.650. 19 (O)(n)"Support order" meansanyAN order or judgment 20 for the support, or for the payment of arrearages on the support, 21 of a child, spouse, or former spouse issued by a court or agency 22 of another jurisdiction, whether interlocutory or final, whether 23 or not prospectively or retroactively modifiable, whether inci- 24 dental to a proceeding for divorce, separate maintenance, pater- 25 nity, guardianship, or equivalent proceeding, or otherwise. 26 Sec. 5. On behalf ofanyA client for whom the office of 27 the friend of the court is already providing services, or on 03889'99 4 1 application of a resident of this state, an obligee or obligor of 2 a support order issued by this state,or an entity to whom the 3 obligee has assigned support rights, OR the office of the friend 4 of the court in the county where the support order was entered 5 or, if there is no such order, in the county where the obligee or 6 obligor resides, shall promptly request the agency of another 7 jurisdiction in which the obligor of a support order derives 8 income to enter the order for the purpose of obtaining income 9 withholding against that income. The office of the friend of the 10 court shall compile and transmit promptly to the agency of the 11 other jurisdiction all documentation required to enter a support 12 order for this purpose and shall file the documentation with the 13 clerk of the court. The office of the friend of the court also 14 shall transmit immediately to the agency of the other jurisdic- 15 tion a certified copy of any subsequent modifications of the sup- 16 port order. If the office of the friend of the court receives 17 notice that the obligor is contesting income withholding in 18 another jurisdiction, it shall immediately notify the individual 19 obligee of the date, time, and place of the hearings and of the 20 obligee's right to attend. The office of the friend of the court 21 shallreceive, record, disburse, andmonitor payments made pur- 22 suant to an order of income withholding. 23 Sec. 10. (1) An order of income withholding under this act 24 shall direct payment to be made to the office of the friend of 25 the court OR THE STATE DISBURSEMENT UNIT, AS APPROPRIATE. The 26 office of the friend of the court OR SDU shall promptly transmit 27 payments received pursuant to an order of income withholding 03889'99 5 1 based on a support order of another jurisdiction entered under 2 this act to the agency or person designated in section 3 6(2)(e)(iii). 4 (2) A support order entered pursuant to section 6 does not 5 nullify and is not nullified by a support order entered by the 6 court in this state pursuant toany otherANOTHER law or a sup- 7 port order entered by a court ofany otherANOTHER state. If 8 more than 1 support order is in effect for the support of 1 9 person by the same obligor, thenanyamounts collected by 10 income withholding and credited against an amount owing for a 11 particular time period under any 1 order shall be credited 12 against amounts owing for the same time period under all such 13 orders. 14 Enacting section 1. This amendatory act does not take 15 effect unless Senate Bill No. _____ or House Bill No. _____ 16 (request no. 03398'99) of the 90th Legislature is enacted into 17 law. 03889'99 Final page. GWH