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HomeMy WebLinkAboutResolutions - 1987.09.03 - 17920MISCELLANEOUS RESOLUTION 87201 August 13, 1987 BY: PUBLIC SERVICES COMMITTEE, Richard D. Kuhn, Jr . , Chairperson IN RE: CIRCUIT COURT/FRIEND OF THE COURT - APPROPRIATION TO IMPLEMENT PUBLIC ACT 97 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen : WHEREAS 1987 Public Act 97 provides that a support payment due under a domestic relations support order is a judgment on and after the date each support payment is due. Such orders are not subject to retroactive modification on and after the date they are due ; and WHEREAS Subsection 3 (3 ) of the Act allows payment to be modified retroactively but only from the date that notice of the petition for modification was given to the payer or recipient of support ; and WHEREAS Subsection 3 ( 5) ( a) of the Act provides that the Friend of the Court must, by October 2, 1987, mail notice to each payer z.-tad recipient of support, informing them of the changes in the law as set forth above; and WHEREAS Subsection 3 (5 ) (b ) of the Act further provides that the Friend of the Court must, by October 2, 1987, publish notice in at least one general circulation newspaper in the judicial circuit, informing payers and recipients of support of these changes ; and WHEREAS the notification requirements will cost Ten Thousand Three Hundred Forty-Five Dollars ($10,345), expenditures not anticipated in the Circuit Court/ Friend of the Court 1987 Budget request. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby authorize the appropriation of Ten Thousand Three Hundred Forty-Five Dollars ( $10 , 345 ) needed to effectuate compliance with the notification requirements of 1987 Public Act 97 and recommends that said amount be appropriated to the Circuit Court/Friend of the Court Budget. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE ITTEE FISCAL NOTE BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDLML, CHAIRPERSON IN RE: CIRCUIT COURT/FRIEND OF THE COURT - APPROPRIATION TO IMPLEMENT 2ELI PUBLIC ACT 97 - MIS OUS RESOLUTION #87201 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #87201 and finds: 1) Public Act 97 of 1987 provides a change in the law regarding support payments. 2) Sections 3 (5)(a) and 3 (5)(b) of the Act requires the Friend of the Court, by October 2, 1987, notify each payer and recipient of support of the changes in the law through the mail and published notice in at least one (1) general circulation newspaper. 3) These notification requirements will cost $10,345, the expenditure not anticipated in the 1987 Budget, however sufficient funds exist in the 1987 Contingency Account to cover the cost. 4) $10,345 available in the 1987 Contingency Account and recommends the transfer of said amount to the 1987 Friend of the Court Budget as specified below: 1-10100-909-01-00-9900 Contingency $(10,345) 4-21500-312-01-00-3528 FCC - Miscellaneous 10,345 $ -0- LLEN #87201 September 3, 1987 Moved by Richard Kuhn supported by Jensen the resolution, with a positive Fiscal Note attached, be adopted. AYES: Rewold, Rowland, Skarritt, Wilcox, Aaron, Caddell, Calandro, Crake, Doyon, Gosling, Hobart, Jensen, Richard Kuhn, Lanni, Law, McConnell, McDonald, Angus McPherson, Moffitt, Nelson, Page, Pernick, Price. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, with a positive Fiscal Note attached, was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of this Miscellaneous Resolution adopted by the Oakland County Board of Commissioners at their meetin• held on Seetemb.er 3 1987 with the orginial record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan this 3rd day of / ) September 19 87 County Clerk/Register of Deeds #87201 August 13, 1987 Moved by Richard Kuhn supported by Moffitt the resolution be adopted. The Chairperson referred the resolution to the Finance Committee. There were no objections.