2004-6 Revised Fee Court Transmittal Form 57 Child Support Bench Warrant Enforcement Fund

Date: October 1, 2004

To:   County Treasurers, County Administrators, Controllers, Managers,County Clerks, and the State Court Administrator Office and LAFD Staff

From:    Suzanne K. Schafer, Administrator
             Local Audit and Finance Division
             Bureau of Local Government Services

RE:     Revised Form 57

Effective October 1, 2004, Public Acts (PA) 203 and 205 of 2004 (which are tie-barred) will revise the court fees assessed in child custody parenting time and support actions. The change in legislation also allocates $10.00 of the increased fees to a new "Child Support Bench Warrant Enforcement Fund" created in the Treasury Department. This change requires a revision to Form 57, Fee Transmittal for State of Michigan Probate and Circuit Courts, for use by circuit courts.

PA 205 of 2004 made revisions to Section 2529 of the Revised Judicature Act of 1961 (MCL 600.2529) which prescribes fees for filing a civil action, a claim of appeal, a motion, or making a demand for a jury trial in circuit court. Prior to the amendment, this section also prescribed fees that must be paid before entry of a final judgment in an action for divorce or legal separation in which minor children are involved. The statute, as amended, requires the payment of fees before entry of a final judgment or order in an action which custody, support, or parenting time of minor children is determined or modified.

The fees prior to the amendment were as follows:

• $30 if the matter was not submitted to domestic relations mediation or an investigation by the Friend of the Court.
• $50 if the matter was submitted to domestic relations mediation.
• $70 if the Friend of the Court Office conducted an investigation and made a recommendation to the court.

PA 205 of 2004 deleted these fees and instead requires the following fees:

• In an action in which the custody or parenting time of minor children was determined, $80.
• In an action in which the support of minor children was determined or modified, $40. (This fee would not apply when an $80 fee as described above was paid.) The court may order a party to reimburse the other party all or a portion of the fee paid by that other party.

At the end of every month, the clerk shall transmit for each fee collected under subsection 2529(1)(d) $10 to the State Treasurer for deposit in the "Child Support Bench Warrant Enforcement Fund" created as provided in PA 203 of 2004. The balance of the fee collected under subsection 2529(1)(d) is paid to the county treasurer and deposited in the Friend of the Court Fund (Fund No. 215) as provided under Section 2530 of the Revised Judicature Act of 1961 (MCL 600.2530).

The county should establish in the general agency fund (701), account number 228.60, "Due to State of Michigan - Child Support Bench Warrant Enforcement Fund," for the amount of the court fees ($10) which is due to the State under Section 2529 of the Revised Judicature Act of 1961 (MCL 600.2529). This amount is accumulated each month and goes on line 2 of the revised fee transmittal Form 57 for circuit courts.

The revised Form 57 (10/04) must be used when remitting October 2004 collections, which are due on or before November 20, 2004, and for all future monthly collections to the State Treasurer. The revised form will be available on Treasury web-site (www.michigan.gov/treasury) on or before November 1, 2004 (click on "Local Government" then "Forms/Instructions"). Please destroy your supply of old forms. If you have any questions, please call (517) 373-3227 or write our office at:

Michigan Department of Treasury
Local Audit and Finance Division
P.O. Box 30728
Lansing, Michigan 48909-8228