2003 House Bill 4776 / 2004 Public Act 210

Revise child support hearing procedures

Introduced in the House

May 28, 2003

Introduced by Rep. Jim Howell (R-94)

To establish procedures that give more authority to court-appointed referees in child support cases, so that fewer decisions need go before a judge. The bill allows a “de novo” child support hearing to be based on the record of previous referee hearings, rather than requiring new litigation. It also requires the Friend of the Court to establish guidelines for deviating from the state child support formula; gives judges more discretion in appointing referees; and requires parties to be informed of whether a child's custody preference has been considered. The bill is part of a legislative package comprised of House Bills 4768 to 4777.

Referred to the Committee on Judiciary

June 19, 2003

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

July 2, 2003

Substitute offered

To replace the previous version of the bill with one recommended by the committee which reported it. The substitute incorporates technical changes resulting from committee testimony and deliberation. These changes do not affect the substance of the bill as previously described.

The substitute passed by voice vote

Amendment offered by Rep. Stephen Adamini (D-109)

To strike out the proposed new definition of a “de novo” child support hearing, and instead require a court to re-hear matters subject to litigation in the first hearing, rather than using the record of previous court-appointed referee hearings.

The amendment failed 50 to 59 (details)

Amendment offered by Rep. Jim Howell (R-94)

To correct a technical drafing error in the language of the bill.

The amendment passed by voice vote

Passed in the House 72 to 37 (details)

Received in the Senate

July 3, 2003

Referred to the Committee on Families and Human Services

May 20, 2004

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

June 23, 2004

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described, amended to clarify the conditions and procedures that define and regulate a de novo hearing.

The substitute passed by voice vote

Passed in the Senate 37 to 0 (details)

To establish procedures that give more authority to court-appointed referees in child support cases, so that fewer decisions need go before a judge. The bill allows a “de novo” child support hearing to be based on the record of previous referee hearings, rather than requiring new litigation. It also requires the Friend of the Court to establish guidelines for deviating from the state child support formula; gives judges more discretion in appointing referees; and requireS parties to be informed of whether a child's custody preference has been considered. The bill is part of a legislative package comprised of House Bills 4768 to 4777.

Received in the House

June 23, 2004

June 29, 2004

Passed in the House 102 to 1 (details)

To concur with the Senate-passed version of the bill.

Signed by Gov. Jennifer Granholm

July 14, 2004