Domestic Diversions

Michigan updates to family law statutes

There are a number of legislative changes approaching. These include the following (links to pdf files):

Effective October 1, 2004:
2004 PA 204 and
2004 PA 253
will enable the court to apportion the expenses of a mother’s confinement and pregnancy expenses between the parents based on each parent’s ability to pay and any other relevant factor when a child is born out of wedlock.

2004 PA 209 will provide for retroactive child support back to the date of a paternity complaint only when a defendant was avoiding service of process or when a defendant threatened or coerced a complainant to not file a complaint.

2004 PA 210 will define de novo hearing and address interim orders, FOC disclosures to attorneys and a child’s custody preference.

Effective February 28, 2005:
2004 PA 206 will impose more requirements on a payer when child support arrearages exist and subject a payer to contempt of court when he or she fails to find a source of income and to participate in work activity.

2004 PA 211 will permit a child support payer with an arrearage to file a motion for a payment plan, discharge or abatement.

Effective June 30, 2005:
2004 PA 207 will define the rights of parents to request a review of child support order and the duties of the Friend of the Court.

2004 PA 208 changed the surcharge calculation on past-due child support and will provide for a possible discharge of an assessed surcharge.

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