Michigan Laws 552.683 – Applicable law
Current as of: 2023 | Check for updates
|
Other versions
(1) Except as otherwise provided by subsection (2), the law of this state shall apply in all actions and proceedings concerning the entry, enforcement, and duration of orders of income withholding entered by a court in this state, based upon a support order of another jurisdiction entered pursuant to section 6.
(2) The law of the jurisdiction that issued the support order shall govern all of the following:
Terms Used In Michigan Laws 552.683
- Court: means the circuit court of this state and, when the context requires, the court or entity of another jurisdiction with functions similar to those assigned in this act to the circuit court of this state relative to the issuance and enforcement of support orders. See Michigan Laws 552.673
- Income: means income as defined in section 2 of the support and parenting time enforcement act, MCL 552. See Michigan Laws 552.673
- Jurisdiction: means a state or political subdivision, territory, or possession of the United States; the District of Columbia; or the Commonwealth of Puerto Rico. See Michigan Laws 552.673
- 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.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Order of income withholding: means order of income withholding as defined in section 2 of the support and parenting time enforcement act, MCL 552. See Michigan Laws 552.673
- 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
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Support order: means an order or judgment for the support, or for the payment of arrearages on the support, of a child, spouse, or former spouse issued by a court or agency of another jurisdiction, whether interlocutory or final, whether or not prospectively or retroactively modifiable, whether incidental to a proceeding for divorce, separate maintenance, paternity, guardianship, or equivalent proceeding, or otherwise. See Michigan Laws 552.673
(a) The interpretation of the support order entered under section 6, including the amount, form of payment, and duration of support.
(b) The amount of support arrearages necessary to require the issuance of an order of income withholding.
(c) The definition of which costs, if any, in addition to the periodic support obligation, are included as arrearages that are enforceable by income withholding, including but not limited to interest, attorney’s fees, court costs, and costs of paternity testing.
(3) The statute of limitations of this state for maintaining an action on support arrearages shall apply.