SENATE BILL No. 321

March 13, 2001, Introduced by Senators JOHNSON and HAMMERSTROM 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 AS PRESCRIBED IN SECTION 5 OF THE SUPPORT AND

3 PARENTING TIME ENFORCEMENT ACT, 1982 PA 295, MCL 552.605, unless

4 a court of competent jurisdiction modifies or terminates the

5 obligation or the minor is emancipated by operation of law,

6 except as otherwise ordered by a court of competent

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

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

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1 court of competent jurisdiction may order support as provided in

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

3 age.

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

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

6 relative within the third degree, an authorized government

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

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

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

10 1939, being sections 400.1 to 400.119b of the Michigan Compiled

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

12 state department of social services FAMILY INDEPENDENCE AGENCY

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

14 the county department of social services FAMILY INDEPENDENCE

15 AGENCY or his or her designated representative of the county

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

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

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

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

20 county department of social services FAMILY INDEPENDENCE AGENCY

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

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

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

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

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

26 sent the official in initiating and conducting the proceedings

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

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

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

3 552.519 of the Michigan Compiled Laws 1982 PA 294, MCL 552.519,

4 as a guideline in petitioning for child support.

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

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

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

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

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

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

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

12 following:

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

14 child support formula.

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

16 formula.

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

18 of the payment of child support, if applicable.

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

20 would be unjust or inappropriate in the case.

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

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

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

24 section (3) are met.

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

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

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1 the office of the friend of the court informed of both of the

2 following:

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

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

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

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

7 being section 552.602 of the Michigan Compiled Laws.

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

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

10 insurance company, nonprofit health care corporation, or health

11 maintenance organization; the policy, certificate, or contract

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

13 benefit the party maintains health care coverage under the

14 policy, certificate, or contract.

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

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

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

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

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

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

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

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

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

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

25 parent to obtain or maintain dependent coverage for the benefit

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

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

2 reasonable cost.

3 (3) A judgment entered under this section providing for sup-

4 port shall be IS GOVERNED BY AND IS enforceable as provided in

5 the support and parenting time enforcement act, Act No. 295 of

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

7 Michigan Compiled Laws 1982 PA 295, MCL 552.601 TO 552.650. IF

8 THIS ACT CONTAINS A SPECIFIC PROVISION REGARDING THE CONTENTS OR

9 ENFORCEMENT OF A SUPPORT ORDER THAT CONFLICTS WITH A PROVISION IN

10 THE SUPPORT AND PARENTING TIME ENFORCEMENT ACT, 1982 PA 295, MCL

11 552.601 TO 552.650, THIS ACT CONTROLS IN REGARD TO THAT

12 PROVISION.

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

14 is repealed.

15 Enacting section 2. This amendatory act takes effect

16 January 1, 2002.

17 Enacting section 3. This amendatory act does not take

18 effect unless Senate Bill No. 317

19 of the 91st Legislature is enacted into

20 law.

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