HB-4773, As Passed Senate, June 23, 2004
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4773
A bill to amend 1982 PA 294, entitled
"Friend of the court act,"
by amending sections 17, 17b, and 19 (MCL 552.517, 552.517b, and
552.519), sections 17 and 17b as amended by 2002 PA 571 and
section 19 as amended by 2002 PA 569.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 17. (1) After a final judgment containing a child
2 support order has been entered in a friend of the court case, the
3 office shall periodically review the order, as follows:
4 (a) If a child is being supported in whole or in part by
5 public assistance, not
less than once each 24 36 months unless
6 both of the following apply:
7 (i) The office receives notice from the department that good
8 cause exists not to proceed with support action.
9 (ii) Neither party has requested a review.
1 (b) At the initiative of the office, if there are reasonable
2 grounds to believe that the amount of child support awarded in
3 the judgment should be modified or that dependent health care
4 coverage is available and the support order should be modified to
5 include an order for health care coverage. Reasonable grounds to
6 review an order under this subdivision include temporary or
7 permanent changes in the physical custody of a child that the
8 court has not ordered, increased or decreased need of the child,
9 probable access by an employed parent to dependent health care
10 coverage, or changed financial conditions of a recipient of
11 support or a payer of
child support including, but not limited
12 to, application for or receipt of public assistance, unemployment
13 compensation, or worker's compensation; or incarceration or
14 release from incarceration after a criminal conviction and
15 sentencing to a term of more than 1 year. Within 14 days after
16 receiving information that a recipient of support or payer is
17 incarcerated or released from incarceration as described in this
18 subsection, the office shall initiate a review of the order. A
19 review initiated by the office under this subdivision does not
20 preclude the recipient of support or payer from requesting a
21 review under subdivision (d).
22 (c) At the direction of the court.
23 (d) (c) Upon
receipt of a written request from either
24 party. Within 15 14
days after receipt of the review request,
25 the office shall determine whether the order is due for review.
26 The office is not required to investigate more than 1 request
27 received from a party
each 24 36 months.
1 (e) (d) If
a child is receiving medical assistance, not
2 less than once each 24
36 months unless either of the following
3 applies:
4 (i) The order requires provision of health care coverage for
5 the child and neither party has requested a review.
6 (ii) The office receives notice from the department family
7 independence agency that good cause exists not to proceed with
8 support action and neither party has requested a review.
9 (f) (e) If
requested by the initiating state for a
10 recipient of services in that state under title IV-D, not less
11 than once each 24 36
months. Within 15 14 days after receipt
12 of a review request, the office shall determine whether an order
13 is due for review.
14 (2) Within 180 days after determining that a review is
15 required under subsection (1), the office shall send notices as
16 provided in section 17b(2)
and (3) 17b, conduct a review, and
17 obtain a modification of the order if appropriate.
18 (3) The office shall use the child support formula developed
19 by the bureau under section 19 in calculating the child support
20 award. If the office
determines from the facts of the case that
21 application of the
child support formula would be unjust or
22 inappropriate, or that
income should not be based on actual
23 income earned by the
parties, the office shall prepare a written
24 report that includes
all of the following:
25 (a) The support amount,
based on actual income earned by the
26 parties, determined by
application of the child support formula
27 and all factual
assumptions upon which that support amount is
1 based.
2 (b) An alternative
support recommendation and all factual
3 assumptions upon which
the alternative support recommendation is
4 based.
5 (c) How the
alternative support recommendation deviates from
6 the child support
formula.
7 (d) The reasons
for the alternative support recommendation.
8 (e) All evidence
known to the friend of the court that the
9 individual is or is
not able to earn the income imputed to him or
10 her.
11 (4) The office shall petition the court if modification is
12 determined to be
necessary under subsection (3) unless either
13 of the following applies:
14 (a) The difference between the existing and projected child
15 support award is within the minimum threshold for modification of
16 a child support amount as established by the formula.
17 (b) The court previously determined that application of the
18 formula was unjust or inappropriate and the office determines
19 under subsection (3) that the facts of the case and the reasons
20 and amount of the prior deviation remain unchanged.
21 (5) A petition
for modification may be made at the same time
22 the parties are
provided with notice under section 17b(3). A
23 hearing held on a
proposed modification shall be scheduled no
24 earlier than 30 days
after the date of the notice provided for in
25 section 17b(3). The notice under section 17b(3) constitutes a
26 petition for modification of the support order and shall be filed
27 with the court.
1 (6) If the office determines there should be no change in the
2 order and a party objects to the determination in writing to the
3 office within 30 21
days after the date of the notice provided
4 for in section 17b(3), the office shall schedule a hearing before
5 the court.
6 (7) If a support order lacks provisions for health care
7 coverage, the office shall petition the court for a modification
8 to require that 1 or both parents obtain or maintain health care
9 coverage for the benefit of each child who is subject to the
10 support order if either of the following is true:
11 (a) Either parent has health care coverage available, as a
12 benefit of employment, for the benefit of the child at a
13 reasonable cost.
14 (b) Either parent is self-employed, maintains health care
15 coverage for himself or herself, and can obtain health care
16 coverage for the benefit of the child at a reasonable cost.
17 (8) The office shall determine the costs to each parent for
18 dependent health care coverage and child care costs and shall
19 disclose those costs in
the report recommendation under section
20 17b(4) 17b(3).
21 Sec. 17b. (1)
Each party subject to a child support order
22 shall be notified of
the right to request a review of the order
23 as provided in section
17, and the place and manner in which to
24 make the request. For
a friend of the court case, the notice
25 shall be provided by
the office or, pursuant to court rule, by
26 the plaintiff, using
the informational pamphlet required under
27 section 5. The notice
shall be sent to the party's last known
1 address.
2 (2) The office
shall notify each party of a review of a child
3 support order under
section 17 at least 30 days before the review
4 is conducted. The
notice shall request income, expense, or other
5 information as needed
from the party to conduct the review and
6 shall specify the date
by which that information is due. The
7 notice shall be sent
to each party to his or her last known
8 address.
9 (3) After a review
of a child support order has been
10 conducted, the office
shall notify each party of a proposed
11 increase or decrease
in the amount of child support, a proposed
12 modification to order
health care coverage, or a determination
13 that there should be
no change in the order. Notice of an
14 increase or decrease
in child support or a modification to order
15 health care coverage
can be provided by or with a copy of the
16 petition for
modification. The notice shall also inform the
17 parties of both of the
following:
18 (a) That the party
may object to the proposed modification or
19 determination that
there should be no change in the order at a
20 hearing before a
referee or the court.
21 (b) The time,
place, and manner in which to raise
22 objections.
23 (4) The office
shall make available to each party and his or
24 her attorney a copy of
the written report, transcript,
25 recommendation, and
supporting documents or a summary of
26 supporting documents
prepared or used by the office under
27 section 17 before the
court modifies a support order.
1 (1) Child support orders entered after the effective date of
2 the 2004 amendatory act that added subsection (8) shall be
3 modified according to this section. For each support order
4 entered before the effective date of the 2004 amendatory act that
5 added subsection (8), the friend of the court office shall
6 provide notice to the parties of their right to a review under
7 this section as required by federal law. Notices under this
8 subsection may be placed in court orders as allowed by federal
9 law.
10 (2) The friend of the court office shall initiate proceedings
11 to review support by sending a notice to the parties. The notice
12 shall request information sufficient to allow the friend of the
13 court to review support, state the date the information is due,
14 and advise the parties concerning how the review will be
15 conducted.
16 (3) After the information in subsection (2) is due, but not
17 sooner than 21 days or later than 120 days after the date the
18 notice is sent, the friend of the court office shall calculate
19 the support amount in accordance with the child support formula
20 and send a notice to each party and his or her attorney, which
21 shall include all of the following:
22 (a) The amount calculated for support.
23 (b) The proposed effective date of the support amount.
24 (c) Substantially the following statement: "Either party may
25 object to the recommended support amount. If no objection is
26 filed within 21 days of the date this notice was mailed, an order
27 will be submitted to the court incorporating the new support
1 amount." The notice also shall inform the parties of how and
2 where to file an objection.
3 (4) Twenty-one or more days from the date the notice required
4 by subsection (3) is sent, the friend of the court office shall
5 determine if an objection has been filed. If an objection has
6 been filed, the friend of the court shall set the matter for a
7 hearing before a judge or referee or, if the office receives
8 additional information with the objection, it may recalculate the
9 support amount and send out a revised notice in accordance with
10 subsection (3). If no objection is filed, the friend of the
11 court office shall prepare an order which the court shall enter
12 if it approves of the order.
13 (5) The friend of the court may schedule a joint meeting
14 between the parties to attempt to expedite resolution of support
15 issues in accordance with the guidelines set forth in section
16 19(3)(m). The joint meeting and proceedings following the joint
17 meeting are subject to the requirements of section 42a of the
18 support and parenting time enforcement act, MCL 552.642a.
19 (6) The following provisions apply to support review
20 proceedings under this section:
21 (a) A recommendation under subsection (3) shall state the
22 calculations upon which the support amount is based. If the
23 friend of the court office recommends a support amount based on
24 imputed income, the recommendation shall also state the amount
25 that would have been recommended based on the actual income of
26 the parties if the actual income of the parties is known. If
27 income is imputed, the recommendation shall recite all factual
1 assumptions upon which the imputed income is based.
2 (b) The friend of the court office may impute income to a
3 party who fails or refuses to provide information requested under
4 subsection (2).
5 (c) At a hearing based on an objection to a friend of the
6 court office recommendation, the trier of fact may consider the
7 friend of the court office's recommendation as evidence to prove
8 a fact relevant to the support calculation when no other evidence
9 is presented concerning that fact, if the parties agree or no
10 objection is made to its use for that purpose.
11 (7) The court shall not require proof of a substantial change
12 in circumstances to modify a child support order when support is
13 adjusted under section 17(1).
14 (8) A party may also file a motion to modify support. Upon
15 motion of a party, the court may only modify a child support
16 order upon finding a substantial change in circumstances,
17 including, but not limited to, health care coverage becoming
18 newly available to a party and a change in the support level
19 under section 17(4)(a).
20 (9) Notwithstanding any other provisions of this section, the
21 friend of the court office shall conduct a more frequent review
22 of the support order upon presentation by a party of evidence of
23 a substantial change in circumstances as set forth in the child
24 support formula guidelines.
25 Sec. 19. (1) The state friend of the court bureau is
26 created within the state court administrative office, under the
27 supervision and direction of the supreme court.
1 (2) The bureau shall have its main office in Lansing.
2 (3) The bureau shall do all of the following:
3 (a) Develop and recommend guidelines for conduct, operations,
4 and procedures of the office and its employees, including, but
5 not limited to, the following:
6 (i) Case load and staffing standards for employees who
7 perform domestic relations mediation functions, investigation and
8 recommendation functions, referee functions, enforcement
9 functions, and clerical functions.
10 (ii) Orientation programs for clients of the office.
11 (iii) Public educational programs regarding domestic
12 relations law and community resources, including financial and
13 other counseling, and employment opportunities.
14 (iv) Procedural changes in response to the type of grievances
15 received by an office.
16 (v) Model pamphlets and procedural forms, which that
shall
17 be distributed to each office.
18 (vi) A formula to be used in establishing and modifying a
19 child support amount and health care obligation. The formula
20 shall be based upon the needs of the child and the actual
21 resources of each parent. The formula shall establish a minimum
22 threshold for modification of a child support amount. The
23 formula shall consider the child care and dependent health care
24 coverage costs of each parent. The formula shall include
25 guidelines for setting and administratively adjusting the amount
26 of periodic payments for overdue support, including guidelines
27 for adjustment of arrearage payment schedules when the current
1 support obligation for a child terminates and the payer owes
2 overdue support.
3 (b) Provide training programs for the friend of the court,
4 domestic relations mediators, and employees of the office to
5 better enable them to carry out the duties described in this act
6 and supreme court rules. After September 30, 2002, the training
7 programs shall include training in the dynamics of domestic
8 violence and in handling domestic relations matters that have a
9 history of domestic violence.
10 (c) Gather and monitor relevant statistics.
11 (d) Annually issue a report containing a detailed summary of
12 the types of grievances received by each office, and whether the
13 grievances are resolved or outstanding. The report shall be
14 transmitted to the legislature and to each office and shall be
15 made available to the public. The annual report required by this
16 subdivision shall include, but is not limited to, all of the
17 following:
18 (i) An evaluative summary, supplemented by applicable
19 quantitative data, of the activities and functioning of each
20 citizen advisory committee during the preceding year.
21 (ii) An evaluative summary, supplemented by applicable
22 quantitative data, of the activities and functioning of the
23 aggregate of all citizen advisory committees in the state during
24 the preceding year.
25 (iii) An identification of problems that impede the
26 efficiency of the activities and functioning of the citizen
27 advisory committees and the satisfaction of the users of the
1 committees' services.
2 (e) Develop and recommend guidelines to be used by an office
3 in determining whether or not parenting time has been wrongfully
4 denied by the custodial parent.
5 (f) Develop standards and procedures for the transfer of part
6 or all of the responsibilities for a case from one office to
7 another in situations considered appropriate by the bureau.
8 (g) Certify domestic relations mediation training programs as
9 provided in section 13.
10 (h) Establish a 9-person state advisory committee, serving
11 without compensation except as provided in subsection (4),
12 composed of the following
members, each of whom is giving
13 preference to a member of a citizen advisory committee:
14 (i) Three public members who have had contact with an office
15 of the friend of the court.
16 (ii) Three attorneys who are members of the state bar of
17 Michigan and whose practices are primarily domestic relations
18 law. Not more than 1 attorney may be a circuit court judge.
19 (iii) Three human service professionals who provide family
20 counseling.
21 (i) Cooperate with the office of child support in developing
22 and implementing a statewide information system as provided in
23 the office of child support act, 1971 PA 174, MCL 400.231 to
24 400.240.
25 (j) Develop and make available guidelines to assist the
26 office of the friend of the court in determining the
27 appropriateness in individual cases of the following:
1 (i) Imposing a lien or requiring the posting of a bond,
2 security, or other guarantee to secure the payment of support.
3 (ii) Implementing the offset of a delinquent payer's state
4 income tax refund.
5 (k) Develop and provide the office of the friend of the court
6 with all of the following:
7 (i) Form motions, responses, and orders for use by an
8 individual in requesting the court to modify his or her child
9 support, custody, or parenting time order, or in responding to a
10 motion for modification without the assistance of legal counsel.
11 (ii) Instructions on preparing and filing the forms,
12 instructions on service of process, and instructions on
13 scheduling a support, custody, or parenting time modification
14 hearing.
15 (iii) Guidelines for imputing income for the calculation of
16 child support.
17 (l) Develop guidelines for, and encourage the use of, plain
18 language within the office of the friend of the court including,
19 but not limited to, the use of plain language in forms and
20 instructions within the office and in statements of account
21 provided as required in section 9.
22 (m) In consultation with the domestic violence prevention and
23 treatment board created in section 2 of 1978 PA 389,
24 MCL 400.1502, develop guidelines for the implementation of
25 section 41 of the support and parenting time enforcement act,
26 MCL 552.641, that take into consideration at least all of the
27 following regarding the parties and each child involved in a
1 dispute governed by section 41 of the support and parenting time
2 enforcement act, MCL 552.641:
3 (i) Domestic violence.
4 (ii) Safety of the parties and child.
5 (iii) Uneven bargaining positions of the parties.
6 (4) The state advisory committee established under subsection
7 (3)(h) shall advise the bureau in the performance of its duties
8 under this section. The bureau shall make a state advisory
9 committee report or recommendation available to the public.
10 State advisory committee members shall be reimbursed for their
11 expenses for mileage, meals, and, if necessary, lodging, under
12 the schedule for reimbursement established annually by the
13 legislature. A state advisory committee meeting is open to the
14 public. A member of the public attending a state advisory
15 committee meeting shall be given a reasonable opportunity to
16 address the committee on any issue under consideration by the
17 committee. If a vote is to be taken by the state advisory
18 committee, the opportunity to address the committee shall be
19 given before the vote is taken.
20 (5) The bureau may call upon each office of the friend of the
21 court for assistance in performing the duties imposed in this
22 section.
23 Enacting section 1. This amendatory act takes effect June
24 30, 2005.