Mich. Comp. Laws § 400.236

State disbursement unit; establishment; processes and procedures; collection; electronic disbursement.

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OFFICE OF CHILD SUPPORT ACT

Act 174 of 1971

400.236 State disbursement unit; establishment; processes and procedures; collection; electronic disbursement.

Sec. 6.

(1) The state disbursement unit is established as the direct responsibility of the office. The SDU shall use automated procedures, electronic processes, and computer-driven technology to the maximum extent feasible, efficient, and economical to receive and disburse support and fees.

(2) The SDU is the single location to which a payer or source of income subject to this section shall send a support or fee payment. The SDU shall disburse a support payment to the recipient of support within 2 business days after the SDU receives the support payment. Not less than twice each calendar month, the SDU shall disburse fees that it receives to the appropriate county treasurer or office of the friend of the court.

(3) If a payer or source of income attempts to make a support or fee payment to the SDU and the payment transaction fails due to nonsufficient funds, the SDU may take actions to collect from the payer or source of income the support or fee payment amount, plus an amount for the expense of those actions.

(4) By not later than 1 year after the effective date of the amendatory act that added this subsection, the SDU shall disburse support electronically, in not fewer than 3 counties in this state, to either the recipient of support's account in a financial institution or to a special account that may be accessed by the recipient of support by an electronic access card. By not later than 2 years after the effective date of the amendatory act that added this subsection, the SDU shall disburse support electronically either to the recipient of support's account in a financial institution or to a special account that may be accessed by the recipient of support by an electronic access card. This subsection does not apply under any of the following circumstances:

(a) If electronic transfer is not feasible to meet federal requirements on the disbursement of child support payments.

(b) If the support payment is from a source that is nonrecurring or that is not expected to continue in a 12-month period.

(c) The recipient of support is a person with a mental or physical disability that imposes a hardship in accessing an electronically transferred payment.

(d) The recipient of support is a person with a language or literacy barrier that imposes a hardship in accessing an electronically transferred payment.

(e) The recipient of support's home and work addresses are more than 30 miles from an automated teller machine and more than 30 miles from a financial institution where funds in the recipient's account may be accessed.

History: Add. 1999, Act 161, Imd. Eff. Nov. 3, 1999 ;-- Am. 2004, Act 548, Imd. Eff. Jan. 3, 2005

Notes of Decisions

Cited in 5 cases, 2004–2015 · leading case: People of Michigan v. Selesa Arrosieur Likine

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People of Michigan v. Selesa Arrosieur Likine (2012) mich · cites it 2× “(5) As used in this section, “state disbursement unit” or “SDU” means the entity established in section 6 of the office of child support act, 1971 PA 174 , MCL 400.236. [MCL 750.165 (emphasis added).”

People v. Adams (2004) michctapp “(4) As used in this section, “state disbursement unit” or “SDU” means the entity established in section 6 of the office of child support act, 1971 PA 174 , MCL 400.236. [ 1999 PA 152 .] The current version of the statute clearly does not include a fault element.”

Butler v. Michigan State Disbursement Unit (2007) michctapp “MCL 400.236(1) and (2). Flain-tiff has received child support payments since at least 1999.”

Trantham v. State Disbursement Unit (2015) michctapp “(5) As used in this section, “state disbursement unit” or “SDU” means the entity established in section 6 of the office of child support act, 1971 PA 174 , MCL 400.236. [Emphasis added.] *166 Thus, under MCL 600.”

People v. Adams (2004) michctapp “(4) As used in this section, "state disbursement unit" or "SDU" means the entity established in section 6 of the office of child support act, 1971 PA 174 , MCL 400.236. [ 1999 PA 152 .] The current version of the statute clearly does not include a fault element.”

— Mich. Comp. Laws § 400.236(1) — 1 case

Butler v. Michigan State Disbursement Unit (2007) michctapp “MCL 400.236(1) and (2). Flain-tiff has received child support payments since at least 1999.”

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