HB-5471, As Passed House, September 18, 2014

SUBSTITUTE FOR

HOUSE BILL NO. 5471

     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 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, shall be used as

a guideline in petitioning for child support.

     (3) The prosecuting attorney and the department of human

services may enter into an agreement to transfer the prosecutor's

responsibilities under this act to 1 of the following:

     (a) The friend of the court, with the approval of the chief

judge of the circuit court.

     (b) An attorney employed or contracted by the county under

section 1 of 1941 PA 14, MCL 49.71.

     (c) An attorney employed by, or under contract with, the

department of human services.

(4) (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 takes effect 90 days

after the date it is enacted into law.