HOUSE BILL No. 4336

 

February 27, 2013, Introduced by Rep. Ananich and referred to the Committee on Judiciary.

 

     A bill to amend 1982 PA 295, entitled

 

"Support and parenting time enforcement act,"

 

by amending sections 2 and 5b (MCL 552.602 and 552.605b), as

 

amended by 2009 PA 193.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Account" means any of the following:

 

     (i) A demand deposit account.

 

     (ii) A draft account.

 

     (iii) A checking account.

 

     (iv) A negotiable order of withdrawal account.

 

     (v) A share account.

 

     (vi) A savings account.

 

     (vii) A time savings account.

 

     (viii) A mutual fund account.

 


     (ix) A securities brokerage account.

 

     (x) A money market account.

 

     (xi) A retail investment account.

 

     (b) "Account" does not mean any of the following:

 

     (i) A trust.

 

     (ii) An annuity.

 

     (iii) A qualified individual retirement account.

 

     (iv) An account covered by the employee retirement income

 

security act of 1974, Public Law 93-406.

 

     (v) A pension or retirement plan.

 

     (vi) An insurance policy.

 

     (c) "Cash" means money or the equivalent of money, such as a

 

money order, cashier's check, or negotiable check or a payment by

 

debit or credit card, which equivalent is accepted as cash by the

 

agency accepting the payment.

 

     (d) "Custody or parenting time order violation" means an

 

individual's act or failure to act that interferes with a parent's

 

right to interact with his or her child in the time, place, and

 

manner established in the order that governs custody or parenting

 

time between the parent and the child and to which the individual

 

accused of interfering is subject.

 

     (e) "Department" means the department of human services.

 

     (f) "Developmental disability" means that term as it is

 

defined in section 100a of the mental health code, 1974 PA 258, MCL

 

330.1100a.

 

     (g) (f) "Domestic relations matter" means a circuit court

 

proceeding as to child custody, parenting time, child support, or

 


spousal support, that arises out of litigation under a statute of

 

this state, including, but not limited to, the following:

 

     (i) 1846 RS 84, MCL 552.1 to 552.45.

 

     (ii) The family support act, 1966 PA 138, MCL 552.451 to

 

552.459.

 

     (iii) The child custody act of 1970, 1970 PA 91, MCL 722.21 to

 

722.31.

 

     (iv) 1968 PA 293, MCL 722.1 to 722.6.

 

     (v) The paternity act, 1956 PA 205, MCL 722.711 to 722.730.

 

     (vi) The revised uniform reciprocal enforcement of support act,

 

1952 PA 8, MCL 780.151 to 780.183.

 

     (vii) The uniform interstate family support act, 1996 PA 310,

 

MCL 552.1101 to 552.1901.

 

     (h) (g) "Driver's license" means license as that term is

 

defined in section 25 of the Michigan vehicle code, 1949 PA 300,

 

MCL 257.25.

 

     (i) (h) "Employer" means an individual, sole proprietorship,

 

partnership, association, or private or public corporation, the

 

United States or a federal agency, this state or a political

 

subdivision of this state, another state or a political subdivision

 

of another state, or another legal entity that hires and pays an

 

individual for his or her services.

 

     (j) (i) "Financial asset" means a deposit, account, money

 

market fund, stock, bond, or similar instrument.

 

     (k) (j) "Financial institution" means any of the following:

 

     (i) A state or national bank.

 

     (ii) A state or federally chartered savings and loan

 


association.

 

     (iii) A state or federally chartered savings bank.

 

     (iv) A state or federally chartered credit union.

 

     (v) An insurance company.

 

     (vi) An entity that offers any of the following to a resident

 

of this state:

 

     (A) A mutual fund account.

 

     (B) A securities brokerage account.

 

     (C) A money market account.

 

     (D) A retail investment account.

 

     (vii) An entity regulated by the securities and exchange

 

commission that collects funds from the public.

 

     (viii) An entity that is a member of the national association of

 

securities dealers and that collects funds from the public.

 

     (ix) Another entity that collects funds from the public.

 

     (l) (k) "Friend of the court act" means the friend of the court

 

act, 1982 PA 294, MCL 552.501 to 552.535.

 

     (m) (l) "Friend of the court case" means that term as defined

 

in section 2 of the friend of the court act, MCL 552.502.

 

     (n) (m) "Income" means any of the following:

 

     (i) Commissions, earnings, salaries, wages, and other income

 

due or to be due in the future to an individual from his or her

 

employer or a successor employer.

 

     (ii) A payment due or to be due in the future to an individual

 

from a profit-sharing plan, a pension plan, an insurance contract,

 

an annuity, social security, unemployment compensation,

 

supplemental unemployment benefits, or worker's compensation.

 


     (iii) An amount of money that is due to an individual as a debt

 

of another individual, partnership, association, or private or

 

public corporation, the United States or a federal agency, this

 

state or a political subdivision of this state, another state or a

 

political subdivision of another state, or another legal entity

 

that is indebted to the individual.

 

     (o) (n) "Insurer" means an insurer, health maintenance

 

organization, health care corporation, or other group, plan, or

 

entity that provides health care coverage in accordance with any of

 

the following acts:

 

     (i) The public health code, 1978 PA 368, MCL 333.1101 to

 

333.25211.

 

     (ii) The insurance code of 1956, 1956 PA 218, MCL 500.100 to

 

500.8302.

 

     (iii) The nonprofit health care corporation reform act, 1980 PA

 

350, MCL 550.1101 to 550.1704.

 

     (p) (o) "Medical assistance" means medical assistance as

 

established under title XIX of the social security act, 42 USC 1396

 

to 1396v.

 

     (q) "Mental retardation" means that term as it is defined in

 

section 100b of the mental health code, 1974 PA 258, MCL 330.1100b.

 

     (r) (p) "Most recent semiannual obligation" means the total

 

amount of current child support owed by a parent during the

 

preceding January 1 to June 30 or July 1 to December 31.

 

     (s) (q) "Occupational license" means a certificate,

 

registration, or license issued by a state department, bureau, or

 

agency that has regulatory authority over an individual that allows

 


an individual to legally engage in a regulated occupation or that

 

allows the individual to use a specific title in the practice of an

 

occupation, profession, or vocation.

 

     (t) (r) "Office of child support" means the office of child

 

support established in section 2 of the office of child support

 

act, 1971 PA 174, MCL 400.232.

 

     (u) (s) "Office of the friend of the court" means an agency

 

created in section 3 of the friend of the court act, MCL 552.503.

 

     (v) (t) "Order of income withholding" means an order entered

 

by the circuit court providing for the withholding of a payer's

 

income to enforce a support order under this act.

 

     (w) (u) "Payer" means an individual who is ordered by the

 

circuit court to pay support.

 

     (x) (v) "Person" means an individual, partnership,

 

corporation, association, governmental entity, or other legal

 

entity.

 

     (y) (w) "Plan administrator" means that term as used in

 

relation to a group health plan under section 609 of title I of the

 

employee retirement income security act of 1974, 29 USC 1169, if

 

the health care coverage plan of the individual who is responsible

 

for providing a child with health care coverage is subject to that

 

act.

 

     (z) (x) "Political subdivision" means a county, city, village,

 

township, educational institution, school district, or special

 

district or authority of this state or of a local unit of

 

government.

 

     (aa) (y) "Recipient of support" means the following:

 


     (i) The spouse, if the support order orders spousal support.

 

     (ii) The custodial parent or guardian, if the support order

 

orders support for a minor child or a child who is 18 years of age

 

or older.

 

     (iii) The department, if support has been assigned to that

 

department.

 

     (iv) The county, if the minor child is in county-funded foster

 

care.

 

     (bb) (z) "Recreational or sporting license" means a hunting,

 

fishing, or fur harvester's license issued under the natural

 

resources and environmental protection act, 1994 PA 451, MCL

 

324.101 to 324.90106, but does not include a commercial fishing

 

license or permit issued under part 473 of the natural resources

 

and environmental protection act, 1994 PA 451, MCL 324.47301 to

 

324.47362.

 

     (cc) (aa) "Referee" means a person who is designated as a

 

referee under the friend of the court act.

 

     (dd) (bb) "Source of income" means an employer or successor

 

employer, a labor organization, or another individual or entity

 

that owes or will owe income to the payer.

 

     (ee) (cc) "State disbursement unit" or "SDU" means the entity

 

established in section 6 of the office of child support act, 1971

 

PA 174, MCL 400.236.

 

     (ff) (dd) "State friend of the court bureau" means that bureau

 

as created in the state court administrative office under section

 

19 of the friend of the court act, MCL 552.519.

 

     (gg) (ee) "Support" means all of the following:

 


     (i) The payment of money for a child or a spouse ordered by the

 

circuit court, whether the order is embodied in an interim,

 

temporary, permanent, or modified order or judgment. Support may

 

include payment of the expenses of medical, dental, and other

 

health care, child care expenses, and educational expenses.

 

     (ii) The payment of money ordered by the circuit court under

 

the paternity act, 1956 PA 205, MCL 722.711 to 722.730, for the

 

necessary expenses connected to the mother's pregnancy or the birth

 

of the child, or for the repayment of genetic testing expenses.

 

     (iii) A surcharge under section 3a.

 

     (hh) (ff) "Support order" means an order entered by the

 

circuit court for the payment of support, whether or not a sum

 

certain.

 

     (ii) (gg) "Title IV-D" means part D of title IV of the social

 

security act, 42 USC 651 to 669b.

 

     (jj) (hh) "Title IV-D agency" means the agency in this state

 

performing the functions under title IV-D and includes a person

 

performing those functions under contract, including an office of

 

the friend of the court or a prosecuting attorney.

 

     (kk) (ii) "Work activity" means any of the following:

 

     (i) Unsubsidized employment.

 

     (ii) Subsidized private sector employment.

 

     (iii) Subsidized public sector employment.

 

     (iv) Work experience, including work associated with the

 

refurbishing of publicly assisted housing, if sufficient private

 

sector employment is not available.

 

     (v) On-the-job training.

 


     (vi) Referral to and participation in the work first JET

 

program prescribed in the social welfare act, 1939 PA 280, MCL

 

400.1 to 400.119b, or other job search and job readiness

 

assistance.

 

     (vii) A community service program.

 

     (viii) Vocational educational training, not to exceed 12 months

 

with respect to an individual.

 

     (ix) Job skills training directly related to employment.

 

     (x) Education directly related to employment, in the case of

 

an individual who has not received a high school diploma or a

 

certificate of high school equivalency.

 

     (xi) Satisfactory attendance at secondary school or in a course

 

of study leading to a certificate of general equivalence, in the

 

case of an individual who has not completed secondary school or

 

received such a certificate.

 

     (xii) The provision of child care services to an individual who

 

is participating in a community service program.

 

     Sec. 5b. (1) A court that orders child support may order

 

support for a child after the child reaches 18 years of age as

 

provided in this section.

 

     (2) The court may order child support for the time a child is

 

regularly attending high school on a full-time basis with a

 

reasonable expectation of completing sufficient credits to graduate

 

from high school while residing on a full-time basis with the

 

recipient of support or at an institution. , but in no case after

 

the child reaches 19 years and 6 months of age. If the child is not

 

regularly attending high school as described in this subsection,

 


the court may, in its discretion, order support for the child after

 

he or she reaches 18 years of age if he or she is a child with a

 

developmental disability or mental retardation. A complaint or

 

motion requesting support as provided in this section may be filed

 

at any time. before the child reaches 19 years and 6 months of age.

 

     (3) A support order entered under this section shall include a

 

provision that the support terminates on the last day of a

 

specified month, regardless of the actual graduation date. This

 

subsection does not apply to a support order entered for a child

 

with a developmental disability or mental retardation if the court

 

has ordered that support shall continue for that child after he or

 

she reaches 18 years of age.

 

     (4) A provision contained in a judgment or an order entered

 

before October 10, 1990 that provides for the support of a child

 

after the child reaches 18 years of age, without an agreement of

 

the parties as described in subsection (5), is valid and

 

enforceable to the extent the provision provides support for the

 

child for the time the child is regularly attending high school on

 

a full-time basis with a reasonable expectation of completing

 

sufficient credits to graduate from high school while residing on a

 

full-time basis with the recipient of support or at an institution,

 

but in no case after the child reaches 19 years and 6 months of age

 

unless he or she is a child with a developmental disability or

 

mental retardation. This subsection does not require payment of

 

support for a child after the child reaches 18 years of age for any

 

period between November 8, 1989 and October 10, 1990, or

 

reimbursement of support paid between November 8, 1989 and October

 


10, 1990, in those judicial circuits that did not enforce support

 

for a child after the child reached 18 years of age during the

 

period between November 8, 1989 and October 10, 1990.

 

     (5) A provision contained in a judgment or an order entered

 

under this act before, on, or after September 30, 2001 that

 

provides for the support of a child after the child reaches 18

 

years of age is valid and enforceable if 1 or more of the following

 

apply:

 

     (a) The provision is contained in the judgment or order by

 

agreement of the parties as stated in the judgment or order.

 

     (b) The provision is contained in the judgment or order by

 

agreement of the parties as evidenced by the approval of the

 

substance of the judgment or order by the parties or their

 

attorneys.

 

     (c) The provision is contained in the judgment or order by

 

written agreement signed by the parties.

 

     (d) The provision is contained in the judgment or order by

 

oral agreement of the parties as stated on the record by the

 

parties or their attorneys.

 

     (e) The provision is contained in the judgment or order for a

 

child with a developmental disability or mental retardation.