November 30, 2006, Introduced by Reps. Lipsey and Lemmons, III 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.
(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 office of the
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 office of the 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, pursuant to the
child support formula commission
act 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.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 6698(request no.
03402'05).
(b) Senate Bill No.____ or House Bill No. 6699(request no.
03402'05 a).