Section 552.1803 - Individual charged criminally with failing to provide support; surrender.
UNIFORM INTERSTATE FAMILY SUPPORT ACT (EXCERPT)
Act 310 of 1996
552.1803 Individual charged criminally with failing to provide support; surrender.
Sec. 803.
(1) Before making demand that another state's governor surrender an individual charged criminally in this state with having failed to provide for an obligee's support, this state's governor may require a prosecutor of this state to demonstrate that at least 60 days previously the obligee had initiated proceedings for support as provided in this act or that the proceeding would be of no avail.
(2) If under a support enforcement act, another state's governor makes a demand that this state's governor surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective, but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(3) If a proceeding for support is initiated and the individual whose surrender is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose surrender is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.
History: 1996, Act 310, Eff. June 1, 1997