HOUSE BILL No. 4532 March 19, 1997, Introduced by Reps. Nye, Dalman, Goschka, Jellema, Bodem, Walberg, Law, Curtis and McNutt and referred to the Committee on Judiciary. A bill to amend 1956 PA 205, entitled "The paternity act," by amending sections 7, 10, and 11 (MCL 722.717, 722.720, and 722.721), sections 7 and 10 as amended by 1996 PA 18 and section 11 as amended by 1990 PA 244; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 7. (1) The court shall enter an order of filiation 2 declaring paternity and providing for the support of the child 3 under 1 or more of the following circumstances: 4 (a) The finding of the court or the verdict determines that 5 the man is the father. 6 (b) The defendant acknowledges paternity either orally to 7 the court or by filing with the court a written acknowledgment of 8 paternity. 01895'97 c SAT 2 1 (c) The defendant is served with summons and a default 2 judgment is entered against him or her. 3 (2) An order of filiation entered under subsection (1) shall 4 specify the sum to be paid weekly or otherwise, until the child 5 reaches the age of 18. Subject to section7a30 OF THE SUPPORT 6 AND PARENTING TIME ENFORCEMENT ACT, 1982 PA 295, MCL 552.630, the 7 court may also order support for a child after he or she reaches 8 18 years of age. In addition to providing for the support of the 9 child, the order shall also provide for the payment of the neces- 10 sary expenses incurred by or for the mother in connection with 11 her confinement, for the funeral expenses if the child has died, 12 for the support of the child before the entry of the order of 13 filiation, and for the expenses in connection with the pregnancy 14 of the mother or of the proceedings as the court considers 15 proper. However, if proceedings under this act are commenced 16 after the lapse of more than 6 years from the birth of the child, 17 an amount shall not be awarded for expenses or support that 18 accrued before the date on which the complaint was filed unless 1 19 or more of the following circumstances exist: 20 (a) Paternity has been acknowledged by the father in writing 21 in accordance with statutory provisions. 22 (b) One or more payments were made for support of the child 23 during the 6-year period and proceedings are commenced within 6 24 yearsfromAFTER the date of the most recent payment. 25 (c) The defendant was out of the state, was avoiding service 26 of process, or threatened or coerced the complainant not to file 27 a proceeding under this act during the 6-year period. The court 01895'97 c 3 1 may award an amount for expenses or support that accrued before 2 the date the complaint was filed if the complaint was filed 3 within a period of time equal to the sum of 6 years and the time 4 that the defendant was out of state, was avoiding service of pro- 5 cess, or threatened or coerced the complainant not to file a pro- 6 ceeding under this act. 7(3) Except as otherwise provided in this section, the court8shall order support in an amount determined by application of the9child support formula developed by the state friend of the court10bureau. The court may enter an order that deviates from the for-11mula if the court determines from the facts of the case that12application of the child support formula would be unjust or inap-13propriate and sets forth in writing or on the record all of the14following:15(a) The support amount determined by application of the16child support formula.17(b) How the support order deviates from the child support18formula.19(c) The value of property or other support awarded instead20of the payment of child support, if applicable.21(d) The reasons why application of the child support formula22would be unjust or inappropriate in the case.23(4) Subsection (3) does not prohibit the court from entering24a support order that is agreed to by the parents and that devi-25ates from the child support formula, if the requirements of sub-26section (3) are met.01895'97 c 4 1(5) Beginning January 1, 1991, each support order entered by2the court shall provide that each parent keep the office of the3friend of the court informed of both of the following:4(a) The name and address of the parent's current source of5income. As used in this subdivision, "source of income" means6that term as defined in section 2 of the support and parenting7time enforcement act, Act No. 295 of the Public Acts of 1982,8being section 552.602 of the Michigan Compiled Laws.9(b) The health care coverage that is available to the parent10as a benefit of employment or that is maintained by the parent;11the name of the insurance company, nonprofit health care corpora-12tion, or health maintenance organization; the policy, certifi-13cate, or contract number; and the names and birth dates of the14persons for whose benefit the parent maintains health care cover-15age under the policy, certificate, or contract.16(6) For the purposes of this act, "support" may include pay-17ment of medical, dental, and other health care expenses, child18care expenses, and educational expenses. The court shall require19that 1 or both parents obtain or maintain any health care cover-20age that is available to them at a reasonable cost, as a benefit21of employment, for the benefit of a child who is the subject of22an order of filiation under this section. If a parent is23self-employed and maintains health care coverage, the court shall24require the parent to obtain or maintain dependent coverage for25the benefit of the child, if available at a reasonable cost.26 (3)(7)