Michigan Laws 552.2704 – Office of child support; duties; available proceedings; security, bond, or deposit as payment guarantee prohibited
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Terms Used In Michigan Laws 552.2704
- 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
- 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
- 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
- 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 552.2102Foreign support order: means a support order of a foreign tribunal. See Michigan Laws 552.2102 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 552.2102Obligor: 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 552.2102State: 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 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) In a support proceeding under this article, the office of child support of this state shall do the following:
(a) Transmit and receive applications.
(b) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.
(2) The following support proceedings are available to an obligee under the Convention:
(a) Recognition or recognition and enforcement of a foreign support order.
(b) Enforcement of a support order issued or recognized in this state.
(c) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child.
(d) Establishment of a support order if recognition of a foreign support order is refused under section 708(2)(b), (d), or (i).
(e) Modification of a support order of a tribunal of this state.
(f) Modification of a support order of a tribunal of another state or a foreign country.
(3) The following support proceedings are available under the Convention to an obligor against which there is an existing support order:
(a) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state.
(b) Modification of a support order of a tribunal of this state.
(c) Modification of a support order of a tribunal of another state or a foreign country.
(4) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention.