Opinion
No. 2003-22.
December 23, 2003.
Federal law requires that, at least once every four years, a state must review its child support guidelines and make any necessary revisions. 42 U.S.C. § 667 and 45 C.F.R. § 302.56. The Michigan Friend of the Court Act, MCL 552.501 et seq., refers to the Michigan guidelines as the "formula." The Act assigns the formula-review task to the Friend of the Court Bureau within the State Court Administrative Office. The Bureau is to act "under the supervision and direction of the supreme court." MCL 552.519(1) and (3)(a)(vi).
As part of the current federally mandated review, the Friend of the Court Bureau recommended several substantive changes to the Michigan Child Support Formula Manual. This Court instructed the Bureau to publish those recommendations and invite written comments. That was done. This Court also heard from several speakers at a public hearing held on June 19, 2003.
Notice of the proposed formula changes and an opportunity for comment in writing and at a public hearing having been provided, and consideration having been given to the comments received, we are persuaded that, pursuant to MCL 552.519(3)(a)(vi), the Friend of the Court Bureau should adopt those proposed substantive revisions that are related to (1) determining medical support and health care coverage obligations, (2) setting child support before determining spousal support, and (3) deviating from the formula.
We are not persuaded that any other substantive revisions of the formula should be made at this time.
On order of the Court, the State Court Administrative Office shall publish the revised Michigan Child Support Formula Manual as soon as is practicable, to take effect October 1, 2004.