August 10, 2005, Introduced by Rep. Lemmons, III and referred to the Committee on Family and Children Services.
A bill to amend 1982 PA 295, entitled
"Support and parenting time enforcement act,"
(MCL 552.601 to 552.650) by adding section 5f.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5f. (1) An individual may file a motion for relief from a
court order that states that the individual is a child's father or
that requires the individual to pay child support. Except as
otherwise provided in this section, the court shall vacate an order
stating that an individual is a child's father or terminate a child
support order if the court finds both of the following:
(a) The individual is not the child's adoptive parent.
(b) Genetic testing results are admitted into evidence and the
results exclude the individual as the child's parent.
(2) The court shall not grant a motion filed under subsection
(1) if the court finds that the individual who filed the motion
knew of genetic testing results that excluded the individual as the
child's parent more than 6 months before the motion was filed and
the individual cannot show good cause as to the failure to file the
motion within 6 months after obtaining the test results.
(3) The court shall not grant a motion under subsection (1) if
the court finds that, after an individual knows that he is not a
child's biological parent, any of the following occur:
(a) The individual acknowledges paternity of the child in
writing.
(b) The individual consents to his name being entered as the
child's biological father on the child's birth certificate.
(c) The individual is determined to be the child's father in
an action under the paternity act, 1956 PA 205, MCL 722.711 to
722.730.
(d) The state registrar files an acknowledgment of parentage
in which the individual declares himself to be the child's
biological father.
(e) The individual otherwise admits that he is, or
acknowledges himself as, the child's biological father.
(4) An individual shall file a motion under this section with
the court that issued the order from which the moving party seeks
relief.
(5) In a proceeding under this section, the court, upon
application made by or on behalf of either party, or on its own
motion, shall order the child, the child's mother, and the
individual filing the motion under subsection (1) to submit to
genetic testing within 30 days after the order requiring genetic
testing is issued. Genetic testing under this section is subject to
the same procedures as genetic testing ordered under section 6 of
the paternity act, 1956 PA 205, MCL 722.716.
(6) If the court grants a motion under this section to vacate
or terminate an order, and the moving party and child are also the
subjects of a parenting time order, the court shall determine if
the parenting time order is terminated, modified, or continued
based upon the best interests of the child. If the court grants a
motion under this section to terminate a child support order and an
arrearage exists under that order, the court may retroactively
correct the arrearage.
(7) If the court grants an individual's motion under this
section to vacate or terminate an order, the court shall order the
child's mother to reimburse the individual for all child support
payments that the individual has previously paid to her.
(8) If a motion under this section is to terminate a child
support order and the court does not grant the motion, the court
shall order the moving party to pay the costs of the action and
each opposing party's reasonable attorney fees.
(9) As used in this section, "genetic testing" means blood or
tissue typing, or DNA identification profiling, as described in and
prescribed by the paternity act, 1956 PA 205, MCL 722.711 to
722.730.