Michigan Laws 552.626 – Notice of income withholding; failure of parent to obtain or maintain health care coverage for child; duties of friend of the court
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Terms Used In Michigan Laws 552.626
- Dependent: A person dependent for support upon another.
- Employer: means an individual, sole proprietorship, partnership, association, or private or public corporation, the United States or a federal agency, this state or a political subdivision of this state, another state or a political subdivision of another state, or another legal entity that hires and pays an individual for his or her services. See Michigan Laws 552.602
- Friend of the court act: means the friend of the court act, 1982 PA 294, MCL 552. See Michigan Laws 552.602
- Friend of the court case: means that term as defined in section 2 of the friend of the court act, MCL 552. See Michigan Laws 552.602
- 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 552.602
- Income: means any of the following:
(i) Commissions, earnings, salaries, wages, and other income due or to be due in the future to an individual from his or her employer or a successor employer. See Michigan Laws 552.602Insurer: means an insurer, health maintenance organization, health care corporation, or other group, plan, or entity that provides health care coverage in accordance with any of the following acts:
(i) The public health code, 1978 PA 368, MCL 333. See Michigan Laws 552.602Office of the friend of the court: means an agency created in section 3 of the friend of the court act, MCL 552. See Michigan Laws 552.602 Payer: means an individual who is ordered by the circuit court to pay support. See Michigan Laws 552.602 Plan administrator: means that term as used in relation to a group health plan under section 609 of title I of the employee retirement income security act of 1974, 29 USC 1169, if the health care coverage plan of the individual who is responsible for providing a child with health care coverage is subject to that act. See Michigan Laws 552.602 Private health care coverage: means health care coverage obtained through an employer or purchased by an individual from an insurer. See Michigan Laws 552.602 Public health care coverage: means health care coverage that is established or maintained by a local, state, or federal government such as Medicaid established under title XIX of the social security act, 42 USC 1396 to 1396w-5 or the state children's health insurance program established under title XXI of the social security act, 42 USC 1397aa to 1397mm. See Michigan Laws 552.602 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 552.602
(1) For a friend of the court case, if a parent is ordered to pay support or obtain or maintain health care coverage through an employer, or both, the office will, when appropriate and within 2 business days after a new hire report is entered into the state directory of new hires, as created under section 453A of title IV-D, 42 USC 653a, or a payer‘s or parent’s employer is otherwise identified, provide the new employer with a notice of income withholding or a notice of the order for dependent health care coverage, or both, on behalf of the parent who is subject to income withholding or a parent or payer who is required to provide dependent health care coverage.
(2) If the order for dependent health care coverage does not specify whether the health care coverage must be private health care coverage or public health care coverage, the office shall, when appropriate, provide an employer with the notice specified in subsection (1) unless 1 of the following applies:
(a) The parent or payer who is required to obtain health care coverage provides proof that health care coverage available through the employer is not accessible to the child or not available at a reasonable cost. Health care coverage is presumed to be accessible to the child and available at a reasonable cost if it meets the guidelines provided in the child support formula developed by the bureau under section 19 of the friend of the court act, MCL 552.519.
(b) The parent or payer who is required to provide health care coverage has obtained and maintained health care coverage that is accessible to the child and available to the parent at a reasonable cost.
(3) If an order for dependent health care coverage was entered before September 30, 2001, the office shall, at the time notice of the order is sent to the employer under subsection (1), provide the payer or parent with instructions on how to request a review or hearing to contest the availability of dependent health care coverage at a reasonable cost.
(4) Notwithstanding subsection (3), if a parent fails to obtain or maintain health care coverage for the parent’s child as ordered by the court, the office of the friend of the court shall, as applicable, do either of the following:
(a) Petition the court for an order to show cause why the parent should not be held in contempt for failure to obtain or maintain dependent health care coverage that is available at a reasonable cost.
(b) Send notice of noncompliance to the parent. The notice shall contain all of the following information:
(i) That the office will notify the parent’s employer to deduct premiums for, and to notify the insurer or plan administrator to enroll the child in, dependent health care coverage unless the parent does either of the following within 21 days after mailing of the notice:
(A) Submits written proof to the friend of the court of the child’s enrollment in a health care coverage plan.
(B) Requests a hearing to determine the availability or reasonable cost of the health care coverage.
(ii) That the order for dependent health care coverage will be applied to current and subsequent employers and periods of employment.
(iii) If the order for dependent health care coverage does not specify whether that coverage must be private health care coverage or public health care coverage, that the parent can obtain or maintain private health care coverage or public health care coverage. To the extent possible, the notice must provide contact information available to the public for local, state, or federal agencies that administer public health care coverage.