Michigan Laws 552.603 – Support order; enforcement; information to be included; notice of new information; service of notices or other papers; accrued interest prohibited; failure to comply with requirements; fee; admis
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Terms Used In Michigan Laws 552.603
- Department: means the department of health and human services. See Michigan Laws 552.602
- Dependent: A person dependent for support upon another.
- 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. See Michigan Laws 552.602Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Friend of the court act: means the friend of the court act, 1982 PA 294, MCL 552. See Michigan Laws 552.602 Friend of the court case: means that term as defined in section 2 of the friend of the court act, MCL 552. See Michigan Laws 552.602 Health care coverage: means a fee for service, health maintenance organization, preferred provider organization, or other type of private health care coverage or public health care coverage. See Michigan Laws 552.602 in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q 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. See Michigan Laws 552.602Occupational 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. See Michigan Laws 552.602 Office of the friend of the court: means an agency created in section 3 of the friend of the court act, MCL 552. See Michigan Laws 552.602 Payer: means an individual who is ordered by the circuit court to pay support. See Michigan Laws 552.602 Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 552.602 Personal property: All property that is not real property. Recipient of support: means the following:
(i) The spouse, if the support order orders spousal support. See Michigan Laws 552.602state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o 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. See Michigan Laws 552.602Support order: means an order entered by the circuit court for the payment of support, whether or not a sum certain. See Michigan Laws 552.602
(1) A support order issued by a court of this state shall be enforced as provided in this act.
(2) Except as otherwise provided in this section, a support order that is part of a judgment or is an order in a domestic relations matter is a judgment on and after the date the support amount is due as prescribed in section 5c, with the full force, effect, and attributes of a judgment of this state, and is not, on and after the date it is due, subject to retroactive modification. No additional action is necessary to reduce support to a final judgment. Retroactive modification of a support payment due under a support order is permissible with respect to a period during which there is pending a petition for modification, but only from the date that notice of the petition was given to the payer or recipient of support.
(3) This section does not apply to an ex parte interim support order or a temporary support order entered under supreme court rule.
(4) The office of the friend of the court shall make available to a payer or payee the forms and instructions described in section 5 of the friend of the court act, MCL 552.505.
(5) This section does not prohibit a court approved agreement between the parties to retroactively modify a support order. This section does not limit other enforcement remedies available under this or another act.
(6) Every support order that is part of a judgment issued by a court of this state or that is an order in a domestic relations matter shall include all of the following:
(a) Substantially the following statement: “Except as otherwise provided in section 3 of the support and parenting time enforcement act, 1982 PA 295, MCL 552.603, a support order that is part of a judgment or that is an order in a domestic relations matter as defined in section 2 of the friend of the court act, 1982 PA 294, MCL 552.502, is a judgment on and after the date each support payment is due, with the full force, effect, and attributes of a judgment of this state, and is not, on and after the date it is due, subject to retroactive modification. A surcharge may be added to support amounts that are past due as provided in section 3a of the support and parenting time enforcement act, 1982 PA 295, MCL 552.603a.”.
(b) Notice informing the payer of the imposition of liens by operation of law and that the payer’s real and personal property can be encumbered or seized if an arrearage accrues in an amount greater than the amount of periodic support payments payable under the payer’s support order for the time period specified in this act.
(c) Notice that an order for dependent health care coverage takes effect immediately and that, in a friend of the court case, a national medical support notice will be sent to the parent’s current and subsequent employers and insurers if appropriate. The notice shall inform the parent that he or she may contest the action by requesting a review or hearing concerning availability of health care coverage at a reasonable cost.
(7) A support order that is an order in a friend of the court case shall require each party to provide all of the following information to the friend of the court in writing:
(a) A single mailing address for the party, to which all notices and papers in the case will be served.
(b) The party’s residential address.
(c) The party’s telephone number.
(d) A statement of whether the payer or payee holds an occupational license, driver’s license, or recreational license.
(e) The names, addresses, and telephone numbers of the payer’s and payee’s current sources of income.
(f) The payer’s and payee’s social security numbers and driver’s license numbers. The requirement of this subdivision to provide a social security number does not apply to a payer or payee who demonstrates he or she is exempt under law from obtaining a social security number or to a payer or payee who for religious convictions is exempt under law from disclosure of his or her social security number under these circumstances. The court shall inform the payer and payee of this possible exemption.
(8) A support order that is an order in a friend of the court case shall include a requirement that if any of the information provided to the friend of the court under subsection (7) changes, each party shall notify the friend of the court of the new information within 21 days after the change and that a failure to provide the new information may subject the party to imposition of a fee under subsection (12). A notice of new information under this subsection shall be in writing or by any other method allowed under guidelines established by the state court administrative office under the supervision and direction of the supreme court.
(9) Except as provided in section 11 and 25a, service of notices or other papers under this act and under the friend of the court act shall be made by first-class mail, postage prepaid. If mail is returned as undeliverable from that address or the friend of the court or the department determines through use of an automated federal database that mail is not deliverable to that address, the friend of the court may change the address according to guidelines established by the state court administrative office or the supreme court.
(10) Unless federal law or regulation requires otherwise, if mail served under subsection (9) is returned from an address and a new address has not been established within 21 days after the mail is returned, the party waives his or her right to notice and the friend of the court is not obligated to serve any notice or other paper until the party submits a written change of address to the friend of the court or until the friend of the court has changed the address according to subsection (9).
(11) A support order shall not accrue interest.
(12) If a person fails to comply with the requirements of this section, the court may impose a fee set according to a policy established by the state court administrative office under the supervision and direction of the supreme court. A fee ordered under this subdivision shall be deposited in the friend of the court fund created in section 2530 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2530.
(13) In a proceeding to enforce support, a report, record, or information from the Michigan child support enforcement system or the support disbursement unit that relates to paid or unpaid support is prima facie authentic and may be admitted into evidence without extrinsic evidence of authenticity.