REDIRECTION OR ABATEMENT OF SUPPORT - H.B. 6010 (S-1): FLOOR ANALYSIS
House Bill 6010 (Substitute S-1 as reported)
Sponsor: Representative Mark Jansen
House Committee: Family and Children Services
Senate Committee: Families, Mental Health and Human Services
CONTENT
The bill would amend the Support and Parenting Time Enforcement Act to provide that, after the bill's effective date, each support order a court entered or modified would have to include the following provisions:
-- If a child for whom support was payable under the order were under the State's jurisdiction and placed in foster care, support would be assigned to the Family Independence Agency (FIA).
-- The Friend of the Court (FOC) office could consider the person legally responsible for the actual care, support, and maintenance of a child as the recipient of support and could redirect support paid for the child to that recipient.
-- If the payer resided full-time with a child, support for the child would be abated according to policies established by the State FOC Bureau.
A support order entered before the bill's effective date would be considered, by operation of law, to include those provisions.
The bill also provides that an assignment of support to the FIA would have priority over a redirection of support; and the FOC would have to abate support for a child who resided full-time with the payer.
A party to a support order could object to redirection or abatement of support. Support could not be redirected or abated until 21 days after the FOC office notified each party of the proposed action, advising him or her of the right to object. If a party objected within 21 days, support could not be redirected or abated. After an objection, the FOC office would have to review the support order or notify each party that he or she could file a motion to modify support.
The State FOC Bureau could implement policies to assist FOC offices in determining when an FOC office should give notice of a proposed redirection or abatement of support under the bill.
The bill would take effect on June 1, 2003.
MCL 552.602 et al. - Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill would have an indeterminate fiscal impact.
Date Completed: 6-6-02 - Fiscal Analyst: Bill BowermanFloor\hb6010 - Bill Analysis @ http://www.senate.state.mi.us/sfa
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.