Bill Text: MI HB5468 | 2013-2014 | 97th Legislature | Chaptered
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-Chaptered.html
Act No. 369
Public Acts of 2014
Approved by the Governor
December 17, 2014
Filed with the Secretary of State
December 17, 2014
EFFECTIVE DATE: March 17, 2015
STATE OF MICHIGAN
97TH LEGISLATURE
REGULAR SESSION OF 2014
Introduced by Reps. Victory and Hooker
ENROLLED HOUSE BILL No. 5468
AN ACT to amend 1966 PA 138, entitled “An act to confer jurisdiction upon the circuit courts to order and enforce the payment of money for the support, in certain cases, of parents having physical custody of minor children or children who have reached the age of majority and of minor children or children who have reached the age of majority by noncustodial parents and to enter orders governing custody and parenting time for those children; to provide for the termination of the effectiveness of the support orders; and to provide for the payment of fees and assessment of costs in those cases,” 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 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) 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 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 department of human services.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
