Sec. 26.
(1) For a friend of the court case, if a parent is ordered to pay support or obtain or maintain health care coverage through an employer, or both, the office will, when appropriate and within 2 business days after a new hire report is entered into the state directory of new hires, as created under section 453A of title IV-D, 42 USC 653a, or a payer's or parent's employer is otherwise identified, provide the new employer with a notice of income withholding or a notice of the order for dependent health care coverage, or both, on behalf of the parent who is subject to income withholding or a parent or payer who is required to provide dependent health care coverage.
(2) If the order for dependent health care coverage does not specify whether the health care coverage must be private health care coverage or public health care coverage, the office shall, when appropriate, provide an employer with the notice specified in subsection (1) unless 1 of the following applies:
(a) The parent or payer who is required to obtain health care coverage provides proof that health care coverage available through the employer is not accessible to the child or not available at a reasonable cost. Health care coverage is presumed to be accessible to the child and available at a reasonable cost if it meets the guidelines provided in the child support formula developed by the bureau under section 19 of the friend of the court act, MCL 552.519.
(b) The parent or payer who is required to provide health care coverage has obtained and maintained health care coverage that is accessible to the child and available to the parent at a reasonable cost.
(3) If an order for dependent health care coverage was entered before September 30, 2001, the office shall, at the time notice of the order is sent to the employer under subsection (1), provide the payer or parent with instructions on how to request a review or hearing to contest the availability of dependent health care coverage at a reasonable cost.
(4) Notwithstanding subsection (3), if a parent fails to obtain or maintain health care coverage for the parent's child as ordered by the court, the office of the friend of the court shall, as applicable, do either of the following:
(a) Petition the court for an order to show cause why the parent should not be held in contempt for failure to obtain or maintain dependent health care coverage that is available at a reasonable cost.
(b) Send notice of noncompliance to the parent. The notice shall contain all of the following information:
(i) That the office will notify the parent's employer to deduct premiums for, and to notify the insurer or plan administrator to enroll the child in, dependent health care coverage unless the parent does either of the following within 21 days after mailing of the notice:
(A) Submits written proof to the friend of the court of the child's enrollment in a health care coverage plan.
(B) Requests a hearing to determine the availability or reasonable cost of the health care coverage.
(ii) That the order for dependent health care coverage will be applied to current and subsequent employers and periods of employment.
(iii) If the order for dependent health care coverage does not specify whether that coverage must be private health care coverage or public health care coverage, that the parent can obtain or maintain private health care coverage or public health care coverage. To the extent possible, the notice must provide contact information available to the public for local, state, or federal agencies that administer public health care coverage.
History: Add. 1995, Act 236, Eff. Mar. 28, 1996 ;-- Am. 1998, Act 334, Imd. Eff. Aug. 10, 1998 ;-- Am. 2001, Act 106, Eff. Sept. 30, 2001 ;-- Am. 2002, Act 572, Eff. Dec. 1, 2002 ;-- Am. 2019, Act 26, Imd. Eff. June 20, 2019
Structure Michigan Compiled Laws
Act 295 of 1982 - Support and Parenting Time Enforcement Act (552.601 - 552.650)
Section 552.601 - Short Title.
Section 552.602 - Definitions.
Section 552.603b - Retroactive Correction of Support Amount.
Section 552.603d - Repayment Plan.
Section 552.605 - Child Support Order; Deviation From Formula; Agreement.
Section 552.605b - Child Support After 18 Years of Age.
Section 552.605e - Payment Plan for Arrearages.
Section 552.606 - Support Order Entered Under Interstate Income Withholding Act.
Section 552.607a - Documentary Evidence of Income Withheld.
Section 552.608 - Limitation on Amount of Income Withheld.
Section 552.609 - Order of Income Withholding; Service; Notice.
Section 552.610 - Payer to Give Friend of Court Name and Address of Employer.
Section 552.611 - Order of Income Withholding; Duration; Priority.
Section 552.612 - Compliance With Order as Discharge of Liability to Payer.
Section 552.615 - Notice of Change in Circumstances.
Section 552.615a - Military Service Adjustment; Procedures.
Section 552.617 - Notice of Support Modification; Changing Amount Assigned or Withheld.
Section 552.621 - Repealed. 1990, Act 296, Imd. Eff. Dec. 14, 1990.
Section 552.624 - Offset Proceedings Against Delinquent Payer's Tax Refunds.
Section 552.625 - Enforcement of Support Orders; Providing Bond, Security, or Other Guarantee.
Section 552.625e - Freeze of Payer's Financial Assets; Execution; Notice.
Section 552.625f - Levy on Financial Assets; Challenge; Procedures.
Section 552.625g - Forwarding Money by Financial Institution, Insurer, or Carrier.
Section 552.625h - Circuit Court Review.
Section 552.626b - Order or Notice for Dependent Health Care Coverage; Requirements.
Section 552.626c - Order for Health Care Coverage; Modification Notice.
Section 552.626d - Notice to Department of Social Services Identifying Health Care Coverage.
Section 552.627 - Other Enforcement Action.
Section 552.633 - Finding Payer in Contempt; Presumption; Proof of Currently Available Resources.
Section 552.635 - Repealed. 2014, Act 378, Eff. March 17, 2015.
Section 552.635a - Alternative Contempt Track Docket.
Section 552.636 - Friend of the Court Enforcement Action; Assessment of Reasonable Expenses.
Section 552.637 - Order of Commitment.
Section 552.642a - Joint Meeting.
Section 552.648 - Centralized Receipt and Disbursement of Support and Fees.