Bill Text: MI HB5343 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Children; parental rights; clarification of termination of parental rights and obligation to pay child support; provide for. Amends sec. 3 of 1968 PA 293 (MCL 722.3).
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2014-02-25 - Printed Bill Filed 02/21/2014 [HB5343 Detail]
Download: Michigan-2013-HB5343-Introduced.html
HOUSE BILL No. 5343
February 20, 2014, Introduced by Reps. Jenkins, Cotter, Kelly, Kurtz, Goike and Graves and referred to the Committee on Judiciary.
A bill to amend 1968 PA 293, entitled
"An act to establish the status of minors; to define the rights and
duties of parents; to establish rights and duties to provide
support for a child after the child reaches the age of majority
under certain circumstances; and to establish the conditions for
emancipation of minors,"
by amending section 3 (MCL 722.3), as amended by 2001 PA 110.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) The parents are jointly and severally obligated to
support a minor as prescribed in section 5 of the support and
parenting time enforcement act, 1982 PA 295, MCL 552.605, unless a
court of competent jurisdiction modifies or terminates the
obligation or the minor is emancipated by operation of law, except
as otherwise ordered by a court of competent jurisdiction. Subject
to section 5b of the support and parenting time enforcement act,
1982 PA 295, MCL 552.605b, a court of competent jurisdiction may
order support as provided in this section for a child after he or
she reaches 18 years of age. Except for a voluntary release of
parental rights under section 29 of chapter X of the probate code
of 1939, 1939 PA 288, MCL 710.29, termination of parental rights
does not end a parent's duty of support unless a court of competent
jurisdiction enters an order terminating parental rights that also
ends the parent's duty of support.
(2) The duty of support may be enforced by the minor or the
child who has reached 18 years of age, his or her guardian, any
relative within the third degree, an authorized government agency,
or if the minor or the child who has reached 18 years of age is
being supported in whole or in part by public assistance under the
social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, by the
director
of the family independence agency department of human
services or his or her designated representative, or by the
director
of the county family independence agency department of
human services or his or her designated representative of the
county where an action under this act is brought. An action for
enforcement shall be brought in the circuit court in the county
where the minor or the child who has reached 18 years of age
resides. If a designated official of either the state or a county
family
independence agency department
of human services brings an
action under this act on behalf of the minor or the child who has
reached 18 years of age, then the prosecuting attorney or an
attorney employed by the county under section 1 of 1941 PA 15, MCL
49.71, shall represent the official in initiating and conducting
the proceedings under this act. The prosecuting attorney shall
utilize the child support formula developed under section 19 of the
friend of the court act, 1982 PA 294, MCL 552.519, as a guideline
in petitioning for child support.
(3) A judgment entered under this section providing for
support is governed by and is enforceable as provided in the
support and parenting time enforcement act, 1982 PA 295, MCL
552.601 to 552.650. If this act contains a specific provision
regarding the contents or enforcement of a support order that
conflicts with a provision in the support and parenting time
enforcement act, 1982 PA 295, MCL 552.601 to 552.650, this act
controls in regard to that provision.
