Bill Text: MI HB5468 | 2013-2014 | 97th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Family law; child support; consolidation of child support functions into 1 local agency; provide for in the family support act. Amends sec. 4 of 1966 PA 138 (MCL 552.454).

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2014-12-18 - Assigned Pa 369'14 With Immediate Effect [HB5468 Detail]

Download: Michigan-2013-HB5468-Engrossed.html

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HB-5468, As Passed House, September 18, 2014

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5468

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1966 PA 138, entitled

 

"The family support act,"

 

by amending section 4 (MCL 552.454), as amended by 1999 PA 158.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4. (1) If the county family independence agency

 

department of human services where the custodial parent or guardian

 

of the minor child or children or the child or children who have

 

reached 18 years of age resides determines the custodial parent,

 

the minor child or children, the child or children who have reached

 

18 years of age, or any of them to be eligible for public or

 

medical assistance, or if a complaint is being filed under section

 

1b, the prosecuting attorney shall act as the attorney for the

 

petitioner.

 

     (2) The prosecuting attorney and the department of human

 

services may enter into an agreement to transfer the prosecutor's

 

responsibilities under this act to 1 of the following:

 

     (a) The friend of the court, with the approval of the chief

 

judge of the circuit court.

 

     (b) An attorney employed or contracted by the county under

 

section 1 of 1941 PA 14, MCL 49.71.

 

     (c) An attorney employed by, or under contract with, the

 

department of human services.

 

     (3) A proceeding under this section is conducted on behalf of

 

the state and not as the attorney for any other party.

 

     (4) (2) The prosecuting attorney shall utilize the child

 

support formula developed under section 19 of the friend of the

 

court act, 1982 PA 294, MCL 552.519, shall be used as a guideline

 

in petitioning for child support. Upon certification by the family

 

independence agency department of human services that the custodial

 

parent and minor child or children or child or children who have

 

reached 18 years of age are receiving public assistance, a payment

 

received by the friend of the court or the state disbursement unit

 

for the support of the custodial parent and minor child or children

 

or child or children who have reached 18 years of age shall be

 

transmitted to the family independence agency.department of human

 

services.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.