SUPPORT PROCEEDING UNDER CONVENTION

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Terms Used In Michigan Laws > Chapter 552 > Act 255 of 2015 > Article 7

  • Administrator: means a local governmental unit or a nonprofit community organization under contract with a local governmental unit to administer a homestead program under this act. See Michigan Laws 125.2762
  • Adulterated: means food or milk to which any of the following apply:
    (i) It bears or contains any poisonous or deleterious substance that may render it injurious to health except that, if the substance is not an added substance, the food or milk is not considered adulterated if the quantity of that substance in the food or milk does not ordinarily render it injurious to health. See Michigan Laws 288.472
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicant: means an individual and the spouse of that individual if that spouse intends to occupy the property with the individual. See Michigan Laws 125.2762
  • Applicant: means an individual and the spouse of that individual if that spouse intends to occupy the property with the individual. See Michigan Laws 125.2742
  • Application: means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. See Michigan Laws 552.2701
  • Approved laboratory: means a laboratory that is listed in the national conference of interstate milk shipments list of sanitation compliance and enforcement ratings distributed by the United States food and drug administration and as approved by the director. See Michigan Laws 288.472
  • Approved sample container: means a presterilized, suitable nontoxic single service container of adequate size that complies with the requirements of standard methods. See Michigan Laws 288.472
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Audited financial statement: means a fiscal year end financial statement prepared by a certified public accountant according to generally accepted accounting principles. See Michigan Laws 288.472
  • Central authority: means the entity designated by the United States or a foreign country described in section 102(e)(iv) to perform the functions specified in the Convention. See Michigan Laws 552.2701
  • Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See Michigan Laws 552.2102
  • Child-support order: means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country. See Michigan Laws 552.2102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Convention: means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007. See Michigan Laws 552.2102
  • Convention support order: means a support order of a tribunal of a foreign country described in section 102(e)(iv). See Michigan Laws 552.2701
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Michigan department of agriculture. See Michigan Laws 288.473
  • Department: means the department of health and human services. See Michigan Laws 400.683
  • Direct request: means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States. See Michigan Laws 552.2701
  • Director: means the director of the Michigan department of agriculture or his or her designee. See Michigan Laws 288.473
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: 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.
  • Farm tank: means the farm bulk milk tank, milk tank truck, or silo used for the storage or cooling, or both, of milk prior to pickup and transport from the farm. See Michigan Laws 288.473
  • First receiving point: means the milk plant where the milk is first received for processing and manufacturing. See Michigan Laws 288.473
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreign country: means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and 1 or more of the following:
  •     (i) That has been declared under the law of the United States to be a foreign reciprocating country. See Michigan Laws 552.2102
  • Foreign support agreement: means an agreement for support in a record that is enforceable as a support order in the country of origin, has been formally drawn up or registered as an authentic instrument by a foreign tribunal, has been authenticated by, or concluded, registered, or filed with, a foreign tribunal, and may be reviewed and modified by a foreign tribunal. See Michigan Laws 552.2701
  • Foreign support order: means a support order of a foreign tribunal. See Michigan Laws 552.2102
  • Foreign tribunal: means a court, administrative agency, or quasi-judicial entity of a foreign country that is authorized to establish, enforce, or modify support orders or to determine parentage of a child. See Michigan Laws 552.2102
  • Fraud: Intentional deception resulting in injury to another.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Homestead agreement: means a written contract between a housing commission and a qualified buyer that contains the terms under which the qualified buyer may acquire the single-family public housing property. See Michigan Laws 125.2762
  • Housing commission: means a housing commission or housing authority as defined under section 3 of the housing cooperation law, 1937 PA 293, MCL 125. See Michigan Laws 125.2762
  • Housing project: means that term as defined under section 3 of the housing cooperation law, 1937 PA 293, MCL 125. See Michigan Laws 125.2762
  • Imminent or substantial health hazard: means a determination of the director of either or both of the following:
  •     (i) A condition that exists at a dairy farm or dairy plant requiring immediate action to prevent endangering the public health or safety. See Michigan Laws 288.474
  • 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
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Issuing tribunal: means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child. See Michigan Laws 552.2102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Labeling: means all labels and other written, printed, or graphic matter upon an article or any of its containers or wrappers or accompanying the article. See Michigan Laws 288.474
  • Law: includes decisional and statutory law and rules and regulations having the force of law. See Michigan Laws 552.2102
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Local governmental unit: means a county, city, village, or township. See Michigan Laws 125.2742
  • Local governmental unit: means a county, city, village, or township. See Michigan Laws 125.2762
  • Michigan state housing development authority: means the Michigan state housing development authority created under section 21 of the state housing development authority act of 1966, 1966 PA 346, MCL 125. See Michigan Laws 125.2762
  • Milk: means the lacteal secretion, practically free from colostrum, obtained by the complete milking of 1 or more healthy cows, goats, sheep, or other dairy animals. See Michigan Laws 288.474
  • Milk buyer: means any producer, milk producer marketing organization, milk plant, receiving station, transfer station, or bulk milk hauler that either takes delivery of raw milk or raw milk product or manages the sale of the raw milk or raw milk product, or both. See Michigan Laws 288.474
  • Milk tank truck: means both a bulk milk pickup tanker and a milk transport tank. See Michigan Laws 288.475
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Nonprofit community organization: means an organization exempt from taxation under section 501(c)(3) of the internal revenue code of 1986 with experience in housing issues and that contracts with a housing commission to administer an urban homesteading program for single-family public housing under this act. See Michigan Laws 125.2762
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Obligee: means 1 or more of the following:
  •     (i) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued. See Michigan Laws 552.2102
  • Obligor: means an individual about whom 1 of the following is true, or the estate of a decedent about whom 1 of the following was true before the individual's death:
  •     (i) Owes or is alleged to owe a duty of support. See Michigan Laws 552.2102
  • Offering for sale: means selling, offering to sell, holding for sale, preparing for sale, trading, bartering, offering as a gift as an inducement for sale of, and advertising for sale in any media. See Michigan Laws 288.475
  • Person: means an individual, partnership, company, limited liability company, cooperative, association, firm, trustee, educational institution, state or local government unit, or corporation. See Michigan Laws 288.476
  • PMO: means the Grade "A" Pasteurized Milk Ordinance, 2017 revision, published by the United States Department of Health and Human Services. See Michigan Laws 288.476
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Producer: means a person that owns or operates a dairy farm and sells or distributes milk produced on that farm including a person that markets milk on behalf of a producer under a marketing agreement. See Michigan Laws 288.476
  • Program: means the urban homesteading program for vacant land described in this act. See Michigan Laws 125.2742
  • Qualified buyer: means an applicant who meets the criteria in section 4. See Michigan Laws 125.2762
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Michigan Laws 552.2102
  • Register: means to record in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a foreign country. See Michigan Laws 552.2102
  • Sample transfer instrument: means any of the following:
  •     (i) Individually wrapped, sterile, single-service sampling tubes. See Michigan Laws 288.476
  • Sanitary standards: means the dairy equipment construction standards or accepted dairy system operating practices formulated by 1 of the following:
  •     (i) 3-A sanitary standards committees representing the International Association for Food Protection, the United States Public Health Service, the United States Department of Agriculture, and the dairy industry committee as approved by the director. See Michigan Laws 288.476
  • Service of process: The service of writs or summonses to the appropriate party.
  • Standard methods: means the seventeenth edition of "Standard Methods for the Examination of Dairy Products" published by the American Public Health Association, incorporated by reference. See Michigan Laws 288.476
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 552.2102
  • state: 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 enforcement agency: means a public official or governmental entity or private agency authorized to do 1 or more of the following:
  •     (i) Seek enforcement of support orders or laws relating to the duty of support. See Michigan Laws 552.2102
  • Support order: means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, that provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. See Michigan Laws 552.2102
  • Tribunal: means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. See Michigan Laws 552.2102
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Vacant property: means surplus vacant residential property owned by the local governmental unit. See Michigan Laws 125.2742