President Deborah L. McNabb Kent County Courthouse 180 Ottawa, NW, Ste. 4400 Grand Rapids, 49503 (616) 632-5144 Vice President Jon T. Ferrier Kent County Courthouse 180 Ottawa, NW, Ste. 4400 Grand Rapids, 49503 (616) 632-5142 Executive Secretary Kenneth D. Randall 42nd Judicial Circuit Midland County 301 W. Main St. Midland, 48640-5183 (989) 832-6803 Recording Secretary Jean L. Dohanyos Oakland County Circuit Court 1200 N. Telegraph Rd., Dept. 452 Pontiac, 48341-0452 (248) 858-0033 Treasurer David T. Elias Macomb County Friend of the Court 40 N. Main, 5th Floor Mt. Clemens, 48043 (810) 469-5754 Immediate Past President Mark D. Sherbow Oakland County Friend of the Court P.O. Box 436012 1200 N. Telegraph Rd., Annex 11 Pontiac, 48341 (248) 975-4448 Board Members Kathleen Oemke Thomas G. Doetsch, Sr. Kathryne A. O'Grady Arthur R. Spears, Jr. Dennis M. Swain Past Presidents Wayne Kristal Jon T. Ferrier Ronald Foon Marie Johnson Hon. Linda Hallmark Wendelyn Machnik Karen Liwienski Vincent Welicka Philip Ingraham Zaira Maio Mark D. Sherbow

May 1, 2003 The Honorable Gary A. Newell Nl191 House Office Building 124 N.Capitol Lansing, MI 48909 RE: HB 4103 Dear Representative Newell:          At our Board of Directors meeting last month, the Referees Association of Michigan voted unanimously to support passage of HB 4013, with some amendments.                    First, we believe that the following language should be added on page 1, line seven, following "pay,": "and on any other relevant factors," and that the word "shall" following "the court" be changed to "may," and that the following language should be added after "the" at the end ofline 7: "reasonable and necessary." The second sentence of section 2 of the draft, so amended, would read:                    "Based on each parent's ability to pay, and on any other relevant factors, the court may apportion the reasonable and necessary expenses of the mother's confinement and expenses in connection with her pregnancy between the parents."                    RAM believes that these amendments are necessary clarification and strengthening of a good bill which remedies a longstanding wrong: making the confinement and pregnancy expenses solely the responsibility of the father, and none the mother.                    "Other relevant factors" that the court should be allowed to consider might be, for example, the mother and child's receipt of medicaid assistance to pay for such expenses, and the State's inability under welfare law to recoup those expenses ftom the medicaid recipient mother and child. In addition, under our law, a parent's unexercised ability to pay may be considered by a court in determining a child support or spousal support order, and this might be another "relevant factor" in addition to parents' respective abilities to pay that the court ought to be able to consider.                    Requiring that the expenses be "reasonable and necessary" is consistent with Michigan case law, and such amendment would prevent abuse.                    Finally, we favor allowing the court the discretion to apportion or not apportion, in the appropriate case, and so we would replace "shall" with "may," when describing the court's authority.                    With these changes, RAM would strongly support passage of HB 4013.                    RAM is a Special Purpose Organization recognized by the State Bar of Michigan, founded in 1984. RAM represents over one hundred Circuit Court Referees who serve as judicial officers in the Family Division of the Circuit Court. Our members conduct hearings in domestic relations cases, juvenile/children's cases and personal protection order cases, and make recommended dispositions to the Circuit Court which become court orders unless objections are filed and the Court rejects the recommended disposition after a hearing is held.                    We would be happy to provide further information or assistance on this and other proposed legislation that affects the area of Family Law, and we thank you for your attention and consideration of our position on HB 4013.                                                       Sincerely,                                                       Kenneth D. Randall                                                       Executive Secretary                                                       Referees Association of Michigan pc: The Honorable Jim Howell,      House Judiciary Committee Chair