Michigan Laws 552.517b – Review of order; notice of right to request; notice of review; calculation of support amount; objection; joint meeting expediting resolution of support issues; provisions; modification; frequency
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Terms Used In Michigan Laws 552.517b
- Court: means the circuit court. See Michigan Laws 552.502
- 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.
- Friend of the court: means the person serving under section 21(1) or appointed under section 23 as the head of the office of the friend of the court. See Michigan Laws 552.502
- 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 552.502
- Income: means that term as defined in section 2 of the support and parenting time enforcement act, MCL 552. See Michigan Laws 552.502
- Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
- 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: 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 552.502aSupport and parenting time enforcement act: means 1982 PA 295, MCL 552. See Michigan Laws 552.502a Support order: means an order entered by the circuit court for the payment of support in a sum certain, whether in the form of a lump sum or a periodic payment. See Michigan Laws 552.502a
(1) Child support orders entered after June 30, 2005 shall be modified according to this section. For each support order entered before June 30, 2005, the friend of the court office shall provide notice to the parties of their right to a review under this section as required by federal law. Notices under this subsection may be placed in court orders as allowed by federal law.
(2) The friend of the court office shall initiate proceedings to review support by sending a notice to the parties. The notice shall request information sufficient to allow the friend of the court to review support, state the date the information is due, and advise the parties concerning how the review will be conducted.
(3) After the information in subsection (2) is due, but not sooner than 21 days or later than 120 days after the date the notice is sent, the friend of the court office shall calculate the support amount in accordance with the child support formula and send a notice to each party and his or her attorney, which shall include all of the following:
(a) The amount calculated for support.
(b) The proposed effective date of the support amount.
(c) Substantially the following statement: “Either party may object to the recommended support amount. If no objection is filed within 21 days of the date this notice was mailed, an order will be submitted to the court incorporating the new support amount.” The notice also shall inform the parties of how and where to file an objection.
(4) Twenty-one or more days from the date the notice required by subsection (3) is sent, the friend of the court office shall determine if an objection has been filed. If an objection has been filed, the friend of the court shall set the matter for a hearing before a judge or referee or, if the office receives additional information with the objection, it may recalculate the support amount and send out a revised notice in accordance with subsection (3). If no objection is filed, the friend of the court office shall prepare an order. The court shall enter the order if it approves of the order.
(5) The friend of the court may schedule a joint meeting between the parties to attempt to expedite resolution of support issues in accordance with the guidelines developed under section 19(3)(m). The joint meeting and proceedings following the joint meeting are subject to the requirements of section 42a of the support and parenting time enforcement act, MCL 552.642a.
(6) The following provisions apply to support review proceedings under this section:
(a) A recommendation under subsection (3) shall state the calculations upon which the support amount is based. If the friend of the court office recommends a support amount based on imputed income, the recommendation shall also state the amount that would have been recommended based on the actual income of the parties if the actual income of the parties is known. If income is imputed, the recommendation shall recite all factual assumptions upon which the imputed income is based.
(b) The friend of the court office may impute income to a party who fails or refuses to provide information requested under subsection (2).
(c) At a hearing based on an objection to a friend of the court office recommendation, the trier of fact may consider the friend of the court office’s recommendation as evidence to prove a fact relevant to the support calculation if no other evidence is presented concerning that fact, if the parties agree or no objection is made to its use for that purpose.
(7) The court shall not require proof of a substantial change in circumstances to modify a child support order when support is adjusted under section 17(1).
(8) A party may also file a motion to modify support. Upon motion of a party, the court may only modify a child support order upon finding a substantial change in circumstances, including, but not limited to, health care coverage becoming newly available to a party and a change in the support level under section 17(5)(a).
(9) Notwithstanding any other provisions of this section, the friend of the court office shall conduct a more frequent review of the support order upon presentation by a party of evidence of a substantial change in circumstances as set forth in the child support formula guidelines.