SENATE BILL NO. 623


   May 26, 1999, Introduced by Senators HAMMERSTROM, JOHNSON, 
        MC COTTER, EMMONS, GOUGEON and GOSCHKA and referred to the
        Committee on Families, Mental Health and Human Services.



        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 1996 PA 17; and

   to repeal acts and parts of acts.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 3.  (1) The parents are jointly and severally obligated

 2    to support a minor unless a court of competent jurisdiction modi-

 3    fies or terminates the obligation or the minor is emancipated by

 4    operation of law, except as otherwise ordered by a court of com-

 5    petent jurisdiction.  Subject to section  3a  5B OF
             THE SUPPORT

 6    AND PARENTING TIME ENFORCEMENT ACT, 1982 PA 295, MCL 552.605B, a

 7    court of competent jurisdiction may order support as provided in




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 1    this section for a child after he or she reaches 18 years of

 2    age.

 3         (2) The duty of support may be enforced by the minor or the

 4    child who has reached 18 years of age, his or her guardian, any

 5    relative within the third degree, an authorized government

 6    agency, or if the minor or the child who has reached 18 years of

 7    age is being supported in whole or in part by public assistance

 8    under the social welfare act,  Act No. 280 of the Public
             Acts of

 9     1939, being sections 400.1 to 400.119b of the Michigan
                       Compiled

10     Laws  1939 PA 280, MCL 400.1 TO 400.119B, by the
                       director of the

11     state department of social services  FAMILY
             INDEPENDENCE AGENCY

12    or his or her designated representative, or by the director of

13    the county  department of social services  FAMILY
             INDEPENDENCE

14    AGENCY or his or her designated representative of the county

15    where an action under this act is brought.  An action for

16    enforcement shall be brought in the circuit court in the county

17    where the minor or the child who has reached 18 years of age

18    resides.  If a designated official of either the state or a

19    county  department of social services  FAMILY
             INDEPENDENCE AGENCY

20    brings an action under this act on behalf of the minor or the

21    child who has reached 18 years of age, then the prosecuting

22    attorney or an attorney employed by the county under section 1 of

23     Act No. 15 of the Public Acts of 1941, being section 49.71
             of

24     the Michigan Compiled Laws  1941 PA 15, MCL 49.71,
                       shall repre-

25    sent the official in initiating and conducting the proceedings

26    under this act.  The prosecuting attorney shall utilize the child

27    support formula developed under section 19 of the friend of the



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 1    court act,  Act No. 294 of the Public Acts of 1982, being
             section

 2     552.519 of the Michigan Compiled Laws  1982 PA 294,
                       MCL 552.519,

 3    as a guideline in petitioning for child support.

 4          (3) Except as otherwise provided in this section, the
             court

 5     shall order support in an amount determined by application
                       of the

 6     child support formula developed by the state friend of the
                       court

 7     bureau.  The court may enter an order that deviates from the
                       for-

 8     mula if the court determines from the facts of the case that

 9     application of the child support formula would be unjust or
                       inap-

10     propriate and sets forth in writing or on the record all of
                       the

11     following:

12          (a) The support amount determined by application of the

13     child support formula.

14          (b) How the support order deviates from the child
                       support

15     formula.

16          (c) The value of property or other support awarded in
                       lieu

17     of the payment of child support, if applicable.

18          (d) The reasons why application of the child support
                       formula

19     would be unjust or inappropriate in the case.

20          (4) Subsection (3) does not prohibit the court from
                       entering

21     a support order that is agreed to by the parties and that
                       devi-

22     ates from the child support formula, if the requirements of
                       sub-

23     section (3) are met.

24          (5) Beginning January 1, 1991, each support order
                       entered or

25     modified by the court shall provide that each party shall
                       keep

26     the office of the friend of the court informed of both of
                       the

27     following:



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 1         (a) The name and address of the party's current source
             of

 2     income.  As used in this subdivision, "source of income"
                       means

 3     that term as defined in section 2 of the support and
                       parenting

 4     time enforcement act, Act No. 295 of the Public Acts of
                       1982,

 5     being section 552.602 of the Michigan Compiled Laws.

 6          (b) Any health care coverage that is available as a
                       benefit

 7     of employment or that is maintained by the party; the name
                       of the

 8     insurance company, nonprofit health care corporation, or
                       health

 9     maintenance organization; the policy, certificate, or
                       contract

10     number; and the names and birth dates of the persons for
                       whose

11     benefit the party maintains health care coverage under the

12     policy, certificate, or contract.

13          (6) For the purposes of this section, "support" may
                       include

14     payment of the expenses of medical, dental, and other health

15     care, child care expenses, and educational expenses.  A
                       judgment

16     entered under this section providing for support of a minor
                       shall

17     require that 1 or both parents shall obtain or maintain any

18     health care coverage that is available to them at a
                       reasonable

19     cost, as a benefit of employment, for the benefit of the
                       minor

20     and, subject to section 3a, for the benefit of the parties'
                       chil-

21     dren who are not minor children.  If a parent is self-employed

22     and maintains health care coverage, the court shall require
                       the

23     parent to obtain or maintain dependent coverage for the
                       benefit

24     of the minor and, subject to section 3a, for the benefit of
                       the

25     parties' children who are not minor children, if available
                       at a

26     reasonable cost. 





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 1         (3) A judgment entered under this section providing for

 2    support  shall be  IS GOVERNED BY AND IS
             enforceable as provided

 3    in the support and parenting time enforcement act,  Act No.
             295

 4     of the Public Acts of 1982, being sections 552.601 to
                       552.650 of

 5     the Michigan Compiled Laws  1982 PA 295, MCL
                       552.601 TO 552.650.

 6    IF THIS ACT CONTAINS A SPECIFIC PROVISION REGARDING THE CONTENTS

 7    OR ENFORCEMENT OF A SUPPORT ORDER THAT CONFLICTS WITH A PROVISION

 8    IN THE SUPPORT AND PARENTING TIME ENFORCEMENT ACT, 1982 PA 295,

 9    MCL 552.601 TO 552.650, THIS ACT CONTROLS IN REGARD TO THAT

10    PROVISION.

11         Enacting section 1.  Section 3a of 1968 PA 293, MCL 722.3a,

12    is repealed.

13         Enacting section 2.  This amendatory act does not take

14    effect unless Senate Bill No. 619

15                           of the 90th Legislature is enacted into

16    law.

























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