Michigan Laws 722.1495 – Filing of statement and notice by title IV-D agency
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Terms Used In Michigan Laws 722.1495
- Alleged father: means a man who is alleged to have fathered the child who is the subject of an action to establish the father's paternity under this act. See Michigan Laws 722.1492
- Child born out of wedlock: means a child conceived and born to a woman who was not married from the conception to the date of birth of the child, or a child that the court has determined to be a child born or conceived during a marriage but not the issue of that marriage. See Michigan Laws 722.1492
- Court: means the circuit court. See Michigan Laws 722.1492
- Department: means the department of human services. See Michigan Laws 722.1492
- Friend of the court act: means the friend of the court act, 1982 PA 294, MCL 552. See Michigan Laws 722.1492
- 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
- Party: means a child's mother or a child's alleged or legally established father under this act. See Michigan Laws 722.1492
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 722.1492
- Service of process: The service of writs or summonses to the appropriate party.
- 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 that term as defined in section 2a of the friend of the court act, MCL 552. See Michigan Laws 722.1492
- Support and parenting time enforcement act: means the support and parenting time enforcement act, 1982 PA 295, MCL 552. See Michigan Laws 722.1492
- Support formula: means the support formula developed by the state friend of the court bureau under section 19 of the friend of the court act, MCL 552. See Michigan Laws 722.1492
(1) If the paternity of a child born out of wedlock has not otherwise been established and the child is either supported in whole or in part by public assistance or if either party has signed an application for services under title IV-D, the department may request a title IV-D agency to file a statement with the court in the county in which the mother, the child, or the alleged father lives. The statement shall be in a form approved by the state court administrative office under the supervision and direction of the supreme court. The statement shall include the names of the parties, the date of the child’s birth, and the time and place as near as possible of the child’s conception. If the mother or alleged father signs the statement, the statement must be verified as required by supreme court rules. A statement filed by the title IV-D agency on behalf of the mother, child, or alleged father does not have to be verified. The person on whose behalf the statement is filed is the filing party under this act.
(2) The title IV-D agency filing the statement in subsection (1) shall serve a copy of the statement and a notice of intent to establish paternity on the parties. The notice shall be in a form established by the state court administrative office under the supervision and direction of the supreme court and shall include all of the following information:
(a) That the man has been named as the child’s father.
(b) That the nonfiling party must respond to the title IV-D agency within 21 days by doing 1 of the following:
(i) Admitting paternity in writing.
(ii) Submitting a written request for genetic testing.
(iii) Producing proof that the alleged father has been excluded as the father under the laws of this or another state.
(c) That, if a party requests genetic testing, the mother, child, and alleged father must submit to genetic testing at the date, time, and place determined by the title IV-D agency.
(d) That, if neither party requests genetic testing within 21 days or produces proof that the alleged father has been excluded as the father under the laws of this or another state, the alleged father is established as the child’s legal father.
(3) Upon filing of the statement and notice with the court and subject to service under subsection (4), the court may do 1 or more of the following:
(a) Establish a child’s paternity.
(b) Issue a support order under this act.
(c) Establish a child’s custody or parenting time under the child custody act of 1970.
(d) Grant any other relief available under the child custody act of 1970, the friend of the court act, or the support and parenting time enforcement act.
(4) The statement and notice under subsection (2) may be sent by regular mail, but if the nonfiling party does not respond in writing admitting paternity or requesting genetic testing, the statement and notice shall be served in the same manner as provided by court rules for the service of process in civil matters.
(5) Unless the court enters an order declaring that the alleged father is not the child’s father, both parents must provide information as requested by the title IV-D agency sufficient to allow the title IV-D agency to calculate support under the support formula.
(6) If the court enters an order under this act and there is no dispute regarding custody, the court shall include in the order specific provisions for the custody and parenting time of the child as provided in the child custody act of 1970. If there is a dispute between the parties concerning custody or parenting time, the court shall immediately enter an order that establishes support and temporarily establishes custody of and parenting time with the child. Pending a hearing on or other resolution of the dispute, the court may also refer the matter to the friend of the court for a report and recommendation as provided in section 5 of the friend of the court act, MCL 552.505. In a dispute regarding custody or parenting time, the title IV-D agency or its successor as provided in section 11(2) is not required to represent either party regarding that dispute.