Title 780, CRIMINAL PROCEDURE

Sec. 3b. (1) "Prosecuting attorney" means the public official in the appropriate jurisdiction who has the duty to enforce criminal laws relating to the failure to provide for the support of a person. (2) "Register" means to file in the registry of foreign support orders. (3) "Reg…

Sec. 4. The remedies herein provided are in addition to and not in substitution for any other remedies.

Sec. 5. Duties of support arising under the law of this state, when applicable under section 8, bind the obligor present in this state regardless of the presence or residence of the obligee.

Sec. 6. The governor of this state may: (a) Demand of the governor of another state the surrender of a person found in that state who is charged in this state with the crime of failing to provide for the support of any person. (b) Surrender on demand by the governor of another st…

Sec. 6a. (1) Before making the demand upon the governor of another state for the surrender of a person charged criminally in this state with failing to provide for the support of a person, the governor of this state may require any prosecuting attorney of this state to satisfy hi…

Sec. 7. Any obligor contemplated by sections 6 and 6a, who submits to the jurisdiction of the court of such other state and complies with the court's order of support, shall be relieved of extradition for desertion or nonsupport entered in the courts of this state during the peri…

Sec. 8. Duties of support applicable under this act are those imposed or imposable under the laws of any state where the obligor was present for the period during which support is sought. The obligor is presumed to have been present in the responding state during the period for w…

Sec. 9. If a state or a political subdivision furnishes support to an individual obligee, it has the same right to initiate a proceeding under this act as the individual obligee for the purpose of securing reimbursement for support furnished and of obtaining continuing support.

Sec. 9a. All duties of support, including the duty to pay arrearages, are enforceable by a proceeding under this act including a proceeding for civil contempt. The defense that the parties are immune to suit because of their relationship as husband and wife or parent and child is…

Sec. 10. (1) Jurisdiction of any proceeding in this state under this act is vested in the circuit court. (2) The proper venue if this state is acting as an initiating state is in the county in which the petitioner resides or in which a valid prior and existing support order has b…

Sec. 10a. (1) If this state is acting as an initiating state, the prosecuting attorney, upon the request of the state department of human services, shall represent the obligee in any proceeding under this act. (2) The prosecuting attorney and the department of human services may …

Sec. 11. (1) The petition shall be verified and shall state the name and, so far as known to the obligee, the address and circumstances of the obligor and the persons for whom support is sought and all other pertinent information. The obligee may include in or attach to the petit…

Sec. 11a. A petition on behalf of a minor obligee may be executed and filed without appointment of the petitioner as guardian ad litem or next friend.

Sec. 12. If the initiating court finds that the petition sets forth facts from which it may be determined that the obligor owes a duty of support and that a court of the responding state may obtain jurisdiction of the obligor or the obligor's property, the initiating court shall …

Sec. 12a. If the court of this state believes that the obligor may flee the jurisdiction, it may: (a) As an initiating court, request in its certificate that the responding court obtain the body of the obligor by appropriate process. (b) As a responding court, obtain the body of …

Sec. 12b. (1) The office of child support of the state department of human services is designated as the state information agency and the interstate central registry under this act, and it shall do all of the following: (a) Distribute copies of any amendments to the act and a sta…

Sec. 13. (1) When the court of this state, acting as a responding court, receives from the interstate central registry of this state copies of the petition, certificate, and act, the clerk of the court shall docket the case and notify the prosecuting attorney of the county, an at…

Sec. 13a. If, because of inaccuracies in the petition or otherwise, the court cannot obtain jurisdiction, the prosecuting attorney, an attorney employed or contracted under section 10a(2), or the friend of the court shall inform the court of what he or she has done to locate the …

Sec. 13b. The court, except as provided otherwise in this act, shall conduct proceedings under this act in the manner prescribed by law for an action for the enforcement of the type of duty of support claimed.

Sec. 13c. If the obligee is not present at the hearing and the obligor offers evidence constituting a defense which the court does not consider frivolous, upon the request of either party, the court shall continue the hearing to permit evidence relative to the duty of support. Th…

Sec. 14. (1) If the court of this state when acting as a responding court finds a duty of support, the court may order the obligor to furnish support and subject the property of the obligor to the order. The support order shall require that payments be made to the office of the f…

Sec. 15. The court of this state when acting as a responding court shall cause a copy of all support orders to be sent to the initiating court.

Sec. 16. (1) In addition to the foregoing powers, the court of this state when acting as a responding court may subject the obligor to any terms and conditions proper to assure compliance with its orders. (2) A support order entered by the court of this state when acting as a res…

Sec. 16a. The court of this state when acting as a responding court may adjudicate the issue of paternity if both of the following apply: (a) Paternity has not been legally acknowledged, previously adjudicated, or established by marriage. (b) The obligor asserts as a defense that…

Sec. 17. The court of this state, when acting as a responding court, has the following duties which may be carried out through the office of the friend of the court: (a) To transmit to the initiating court any payment made by the obligor pursuant to any order of the court or othe…

Sec. 18. (1) Except as provided in subsection (2), the court of this state, when acting as an initiating court, shall receive and disburse immediately all payments made by the obligor or sent by the responding court. (2) If a valid prior and existing support order has been issued…

Sec. 19. Laws attaching a privilege against the disclosure of communications between husband and wife are inapplicable to proceedings under this act. Husband and wife are competent witnesses and may be compelled to testify to any relevant matter, including marriage and parentage.

Sec. 19a. A responding court shall not stay the proceeding or refuse a hearing under this act because of any pending or prior action or proceeding for divorce, separation, annulment, dissolution, habeas corpus, adoption, or custody in this or any other state. The court shall hold…

Sec. 20. An initiating court shall not require payment of either a filing fee or other costs from the obligee but may request the responding court to collect fees and costs from the obligor. A responding court shall not require payment of a filing fee or other costs from the obli…

Sec. 21. A support order made by a court of this state pursuant to this act does not nullify and is not nullified by a support order made by a court of this state pursuant to any other law or by a support order made by a court of any other state pursuant to a substantially simila…

Sec. 22. Participation in any proceeding under this act does not confer jurisdiction upon any court over any of the parties to the proceeding in any other proceeding.

Sec. 24. Where the director of social services is satisfied that reciprocal provisions will be made by any foreign state for the enforcement in that foreign state of support orders made within this state, the director of social services, with the approval of the attorney general,…

Sec. 25. If the attorney general or the director of social services is of the opinion that a support order is erroneous and presents a question of law warranting an appeal in the public interest, the attorney general may, or the director of social services may request the attorne…

Sec. 26. If the duty of support is based on a foreign support order, the obligee has additional remedies as provided in sections 27 to 31.

Sec. 27. The obligee may register the foreign support order in a court of this state in the manner, with the effect, and for the purposes provided in this act.

Sec. 28. The clerk of the court shall maintain a registry of foreign support orders in which he or she shall file foreign support orders.

Sec. 29. (1) If this state is acting as a rendering state, the friend of the court upon the request of the court or the state department of social services shall proceed to register a valid existing support order of this state in the state where the obligor or the property of the…

Sec. 30. (1) An obligee seeking to register a foreign support order in a court of this state shall transmit to the clerk of the court through the interstate central registry of this state 3 copies of the order, 1 of which shall be certified, with all modifications of the order, 1…

Sec. 31. (1) If a registered foreign support order has been confirmed, it shall be treated in the same manner as a support order issued by a court of this state. A registered foreign support order has the same effect and is subject to the same procedures, defenses, and proceeding…

Sec. 31a. (1) If there is no Michigan support order but there is a foreign support order, upon request of the obligee or the family independence agency if support has been assigned to it, the friend of the court in the county where the obligee resides shall inform the source of s…

Sec. 32. (1) A proceeding under this act shall adjudicate only the issue of support and shall not adjudicate an issue of custody or parenting time. (2) Nothing in this act shall prevent a court which has prior continuing jurisdiction over the parties in matters of support, custod…

Sec. 33. (1) If this state is the initiating, responding, rendering, or registering state in proceedings under this act, and the prosecuting attorney, an attorney employed or contracted under section 10a(2), or the friend of the court neglects or refuses to represent the obligee,…