Michigan Laws 722.1499 – Provisions applicable to established paternity but no action filed
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 722.1499
- 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
- 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.
- Party: means a child's mother or a child's alleged or legally established father under this act. 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 has been established and no action has been filed in a court of this state in which the support of the child can be determined, the provisions of this section apply.
(2) If support has not been established for a child who is being supported in whole or in part by public assistance or if an application for title IV-D services has been received by the title IV-D agency, the department may request a title IV-D agency to file with the court in the county in which the mother, the child, or the father lives a statement of support obligation on a form established by the state court administrative office under the supervision and direction of the supreme court stating facts that include the following:
(a) That the child’s mother or father has been determined to be the parent of the child under the law of this state or another state.
(b) That support is being sought and that the child is not living full-time with the individual from whom support is being sought.
(c) That the individual against whom the duty of support is being enforced has 21 days to contest the notice by requesting a hearing for either of the following reasons:
(i) The individual against whom the duty of support is being enforced is not the individual named as the child’s parent.
(ii) The facts in the notice are not correct.
(3) Upon filing of the 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) After the notice is filed under subsection (2), the title IV-D agency shall send a copy of the notice to the individual against whom the title IV-D agency seeks to enforce a duty of support. The notice may be sent by regular mail, but if the individual does not respond in writing, the notice shall be served in the same manner as is provided by court rules for the service of process in civil actions.
(5) After the notice is filed under subsection (2), or concurrently with the filing, the individual against whom the duty of support is being enforced may, within 21 days after the filing, agree in writing on a form established by the state court administrative office under the supervision and direction of the supreme court to support as established by the support formula. The custodial parent or party may also sign this agreement. The title IV-D agency shall file the agreement with the court that has jurisdiction under subsection (2).
(6) If the individual does not respond to the notice within 21 days after service, the title IV-D agency shall submit a proposed order to the court establishing the individual’s duty to pay support. The court shall enter the order if the court is satisfied that the procedures established in this act have been followed.
(7) If the individual against whom a duty of support is being enforced proves to the court that the facts in the form are not correct, the court shall enter an order that is appropriate, including, but not limited to, dismissing the proceeding or ordering genetic testing. The court may not enter an order under this act that does not recognize an individual’s paternity established under another law of this state or another state.
(8) 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.