Michigan Laws 552.2401 – Issuance of support order
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Michigan Laws 552.2401
- 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
- Duty of support: means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. See Michigan Laws 552.2102
- 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.
- 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.
- 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 552.2102Outside this state: means a location in another state or a country other than the United States, whether or not the country is a foreign country. See Michigan Laws 552.2102 Responding tribunal: means the authorized tribunal in a responding state or foreign country. See Michigan Laws 552.2102 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 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 552.2102Support 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
(1) If a support order entitled to recognition under this act has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if either of the following apply:
(a) The individual seeking the order resides outside this state.
(b) The support enforcement agency seeking the order is located outside this state.
(2) The tribunal may issue a temporary child-support order if the tribunal determines that a temporary child-support order is appropriate and the individual ordered to pay is any of the following:
(a) A presumed father of the child.
(b) Petitioning to have his paternity adjudicated.
(c) Identified as the father of the child through genetic testing.
(d) An alleged father who has declined to submit to genetic testing.
(e) Shown by clear and convincing evidence to be the father of the child.
(f) An acknowledged father as provided by the acknowledgment of parentage act, 1996 PA 305, MCL 722.1001 to 722.1013.
(g) The mother of the child.
(h) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
(3) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders under section 305.