Bill Text: MI SB0106 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Family law; paternity; procedures for collection of medical expenses related to birth of a child born out of wedlock paid by medicaid; revise, and revise collection and distribution of child support provisions. Amends secs. 2, 7 & 19a of 1956 PA 205 (MCL 722.712 et seq.) & repeals sec. 19 of 1956 PA 205 (MCL 722.729). TIE BAR WITH: HB 5502'09, HB 5504'09, SB 0103'09, SB 0104'09
Spectrum: Bipartisan Bill
Status: (Passed) 2009-12-31 - Assigned Pa 0235'09 With Immediate Effect [SB0106 Detail]
Download: Michigan-2009-SB0106-Engrossed.html
SB-0106, As Passed Senate, February 10, 2009
SENATE BILL No. 106
January 28, 2009, Introduced by Senators JACOBS and JANSEN and referred to the Committee on Families and Human Services.
A bill to amend 1956 PA 205, entitled
"The paternity act,"
by amending sections 2, 7, and 19a (MCL 722.712, 722.717, and
722.729a), section 2 as amended by 2004 PA 253, section 7 as
amended by 2004 PA 209, and section 19a as added by 1999 PA 157;
and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. (1) The parents of a child born out of wedlock are
liable
for the all of the
following:
(a) The medical expenses connected to the mother's pregnancy.
(b) The medical expenses connected to the birth of the child.
(c)
The necessary support and education of
the child. They are
also
liable for the
(d) The child's funeral expenses.
(2) Subject to subsections (2) and (3), based subsection (3),
if medicaid has not paid a medical expense described in subsection
(1)(a) or (b), on request from a parent, the court in an action
brought under this act shall do all of the following:
(a) If the court determines the expense to be reasonable and
necessary, apportion the expense between the parents based on each
parent's
ability to pay and on any other relevant factor, the court
may
apportion, in the same manner as medical
health care expenses
of
the a child are divided under the child support formula ,
the
reasonable
and necessary expenses of the mother's confinement and
expenses
in connection with her pregnancy between the parents and
established under section 19 of the friend of the court act, 1982
PA 294, MCL 552.519.
(b) In the court's discretion, if 1 parent has paid the
expense, require the parent who did not pay the expense to pay his
or
her share of the expense to the other parent. At
(c) In the court's discretion, at the request of a person
other
than a parent who has paid the expenses of the mother's
confinement
or expenses in connection with her pregnancy, the court
may
expense, order a parent against whom the request is made to
pay
to
the person other than a parent the parent's share of the
expenses
expense.
(d) On request from a parent, require an itemized bill for the
expense before making an apportionment under this subsection.
(3) Subject to subsection (4), if medicaid has paid a medical
expense described in subsection (1)(a) or (b), on request from the
office of child support or its designee, the court in an action
brought under this act shall do all of the following:
(a) Determine the amount of the expense that is reasonable and
necessary by using the actuarially based case rate established and
certified by the department of community health or the amount of
the expense certified by the department of community health.
(b) Apportion the amount determined under subdivision (a) to
the father using the method established under section 3(o) of the
office of child support act, 1971 PA 174, MCL 400.233.
(c) Require the father to pay the amount apportioned to the
father under subdivision (b) to the medicaid agency through the
state disbursement unit.
(d) Not require the mother to pay any of the expenses.
(4) (2)
If a pregnancy or a complication of
a pregnancy has
been determined in another proceeding to have been the result of
either a physical or sexual battery by a party to the case, the
court
shall apportion these the
medical expenses described in
subsection (1)(a) and (b) to the party who was the perpetrator of
the battery.
(3)
If medicaid has paid the confinement and pregnancy
expenses
of a mother under this section, the court shall not
apportion
confinement and pregnancy expenses to the mother. After
the
effective date of the amendatory act that added this
subsection,
based on the father's ability to pay and any other
relevant
factor, the court may apportion not more than 100% of the
reasonable
and necessary confinement and pregnancy costs to the
father.
If medicaid has not paid the confinement and pregnancy
expenses
of the mother under this section, the court shall require
an
itemized bill for the expenses upon request from the father
before
an apportionment is made.
(5) (4)
The A court order entered
under subsection (2) or (3)
shall provide that if the father marries the mother after the birth
of the child and provides a copy of the marriage license or other
documentation of the marriage to the friend of the court, the
father's
obligation for payment of any remaining unpaid confinement
and
pregnancy expenses medical
expense described in subsection
(1)(a) or (b) is abated subject to reinstatement after notice and
hearing for good cause shown, including, but not limited to,
dissolution
of the marriage. The remaining unpaid amount of the
confinement
and pregnancy expenses owed by the father An expense
abated under this subsection is abated as of the date that
documentation of the marriage is provided to the friend of the
court.
(6) (5)
Each confinement and pregnancy expenses An order that
provides for the payment of a medical expense connected to a
mother's pregnancy or a child's birth entered by the court in an
action
under this act on or before the
effective date of the
amendatory
act that added this subsection October 1, 2004 shall be
considered
by operation of law to provide for the abatement of the
remaining
any such medical expense that
remains unpaid confinement
and
pregnancy expenses if the father
marries the mother. and An
abatement under this subsection shall be implemented under the same
circumstances
and enforced in the same manner as for the an
abatement
of confinement and pregnancy expenses provided by under
subsection
(4) (5).
(7) (6)
The court shall admit in
proceedings under this act a
bill
for funeral expenses , or
for expenses of the mother's
confinement,
or expenses in connection with connected
to the
mother's
pregnancy , which bill constitutes prima facie evidence of
the
amount of those expenses or
the birth of the child, or
actuarially based case rates as determined by the department of
community health, without third party foundation testimony. A bill
or case rates admitted under this subsection are prima facie
evidence of the relevant funeral or medical expense.
(8) This section does not prohibit the department of community
health from seeking reimbursement of expenses from a party or other
person, including an insurer, by a legal procedure other than an
action under this act.
(9)
(7) If the father of a child born out of wedlock dies,
an
order of filiation or a judicially approved settlement made before
his death is enforceable against his estate in the same manner and
way as a divorce decree.
(10) (8)
As used in this section,
"medicaid" means the medical
assistance
program administered by the this
state under section 105
of the social welfare act, 1939 PA 280, MCL 400.105.
Sec.
7. (1) The In an action
under this act, the court shall
enter an order of filiation declaring paternity and providing for
the support of the child under 1 or more of the following
circumstances:
(a) The finding of the court or the verdict determines that
the man is the father.
(b) The defendant acknowledges paternity either orally to the
court or by filing with the court a written acknowledgment of
paternity.
(c) The defendant is served with summons and a default
judgment is entered against him or her.
(2) An order of filiation entered under subsection (1) shall
specify the sum to be paid weekly or otherwise, as prescribed in
section 5 of the support and parenting time enforcement act, 1982
PA 295, MCL 552.605, until the child reaches the age of 18. Subject
to section 5b of the support and parenting time enforcement act,
1982 PA 295, MCL 552.605b, the court may also order support for a
child after he or she reaches 18 years of age. In addition to
providing for the support of the child, the order shall also
provide
for the payment of the necessary expenses incurred by or
for
the mother in connection with her confinement and connected to
the mother's pregnancy and the birth of the child and for the
funeral expenses if the child has died, as determined by the court
under section 2. A child support obligation is only retroactive to
the date that the paternity complaint was filed unless any of the
following circumstances exist:
(a) The defendant was avoiding service of process.
(b) The defendant threatened or coerced through domestic
violence or other means the complainant not to file a proceeding
under this act.
(c) The defendant otherwise delayed the imposition of a
support obligation.
(3) A judgment or order entered under this act providing for
the
support of a child or payment of expenses in connection with
connected
to the mother's confinement or pregnancy
or the birth of
the child is enforceable as provided in the support and parenting
time enforcement act, 1982 PA 295, MCL 552.601 to 552.650. If this
act contains a specific provision regarding the contents or
enforcement of a support order that conflicts with a provision in
the support and parenting time enforcement act, 1982 PA 295, MCL
552.601 to 552.650, this act controls in regard to that provision.
(4) Upon entry of an order of filiation, the clerk of the
court shall collect a fee of $35.00 from the person against whom
the order of filiation is entered. The clerk shall retain $9.00 of
the fee and remit the $26.00 balance, along with a written report
of the order of filiation, to the director of the department of
community health. The report shall be on a form prescribed by or in
a manner approved by the director of the department of community
health. Regardless of whether the fee required by this section is
collected, the clerk shall transmit and the department of community
health shall receive the report of the order of filiation.
(5) If an order of filiation or acknowledgment of parentage is
abrogated by a later judgment or order of a court, the clerk of the
court that entered the order shall immediately communicate that
fact to the director of the department of community health on a
form prescribed by the director of the department of community
health. An order of filiation supersedes an acknowledgment of
parentage.
(6) Within the time prescribed by court rule, the party,
attorney, or agency that secures the signing of an order of
filiation shall serve a copy of the order on all parties to the
action and file proof of service with the court clerk.
Sec.
19a. The department, the SDU, and each office of the
friend
of the court shall cooperate in the transition to SDU is
responsible for the centralized receipt and disbursement of
support. and
fees. An office of the friend of
the court shall may
continue
to receive and disburse support and fees. through the
transition,
based on the schedule developed as required by section
6
of the office of child support act, 1971 PA 174, MCL 400.236, and
modifications
to that schedule as the department considers
necessary.
Enacting section 1. Section 19 of the paternity act, 1956 PA
205, MCL 722.729, is repealed.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No. 103.
(b) Senate Bill No. 104.
