Michigan Compiled Laws

Mich. Comp. Laws § 722.3 (2026)

Obligation of parents; exceptions; enforcement of duty to support; child support formula as guideline; agreement to transfer prosecutor's responsibilities; enforcement of judgment.

✓ current as of July 2026

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STATUS OF MINORS AND CHILD SUPPORT

Act 293 of 1968

722.3 Obligation of parents; exceptions; enforcement of duty to support; child support formula as guideline; agreement to transfer prosecutor's responsibilities; enforcement of judgment.

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 department of human services or his or her designated representative, or by the director of the county 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 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, the prosecuting attorney shall represent the official in initiating and conducting the proceedings under this act. 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.

(4) 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.

History: 1968, Act 293, Eff. Nov. 15, 1968 ;-- Am. 1971, Act 173, Imd. Eff. Dec. 2, 1971 ;-- Am. 1985, Act 213, Eff. Mar. 1, 1986 ;-- Am. 1989, Act 278, Imd. Eff. Dec. 26, 1989 ;-- Am. 1990, Act 238, Imd. Eff. Oct. 10, 1990 ;-- Am. 1990, Act 295, Imd. Eff. Dec. 14, 1990 ;-- Am. 1996, Act 17, Eff. June 1, 1996 ;-- Am. 2001, Act 110, Eff. Sept. 30, 2001 ;-- Am. 2014, Act 372, Eff. Mar. 17, 2015

PopularName Notes:

Emancipation of Minors Act

Notes of Decisions

Cited in 52 cases (4 in the last 5 years), 1981–2025 · leading case: In re Beck, 793 N.W.2d 562 (Mich. 2010).

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In re Beck, 793 N.W.2d 562 (Mich. 2010). · cites it 14× “The sole parental obligation identified in MCL 722.3 is the duty to provide a child with support: (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.”

In Re Rood, 763 N.W.2d 587 (Mich. 2009). · cites it 4× “454(1); MCL 722.3(2). [11] The record reflects that Kops released her rights "contingent upon" the termination of respondent's rights.”

Phinisee v. Rogers, 582 N.W.2d 852 (Mich. Ct. App. 1998). · cites it 8× “Accordingly we conclude that the trial court in the instant case erred in concluding that, as a matter of law, support is restricted to the period commencing with the filing of the complaint.”

McDougall v. Schanz, 597 N.W.2d 148 (Mich. 1999). · cites it 2× “The difference between our approaches does not arise from any effort of mine to intrude upon the Legislature's domain, but rather from my refusal to allow the Legislature to intrude upon the judiciary's province.”

Berger v. Berger, 747 N.W.2d 336 (Mich. Ct. App. 2008). “MCL 722.3(1); Borowsky, supra at 672-673 .”

Spada v. Pauley, 385 N.W.2d 746 (Mich. Ct. App. 1986). · cites it 4× “Moreover, under McFetridge v Chiado , a paternity and support determination may be obtained on behalf of an illegitimate minor only through the Paternity Act.”

Diez v. Davey, 861 N.W.2d 323 (Mich. Ct. App. 2014). · cites it 2× “Shinkle v Shinkle (On Rehearing), 255 Mich App 221, 225 ; 663 NW2d 481 (2003), citing MCL 722.3. By statute, excepting those factual instances where application of the MCSF would be unjust or inappropriate, a parent’s child support contribution is determined by use of the…”

7th Prob. Court for the Cnty. of Charlevoix v. Erfourth (In Re Erfourth), 126 B.R. 736 (Bankr. W.D. Mich. 1991). · cites it 6× “Indeed, it is mandated by the language of Mich.Comp.Laws Ann. § 722.3(1), which states: The parents are jointly and severally obligated to support a minor unless a court *739 of competent jurisdiction modifies or terminates the obligation or the minor is emancipated by operation…”

Borowsky v. Borowsky, 733 N.W.2d 71 (Mich. Ct. App. 2007). “MCL 722.3; Macomb Co Dep’t of Social Services v Westerman, 250 Mich App 372, 377 ; 645 NW2d 710 (2002).”

Burba v. Burba, 610 N.W.2d 873 (Mich. 2000). · cites it 2× “222(2) (allowing order of support upon custodial parent's complaint); MCL 722.3; MSA 25.244(3) (allowing support order upon prosecuting attorney's petition); MCL 722.”

MacOmb Cnty. Dep't of Soc. Servs. v. Westerman, 645 N.W.2d 710 (Mich. Ct. App. 2002). · cites it 2× “B The mcdss brought the present action for support and restitution on behalf of plaintiff in September 1992, pursuant to MCL 722.3 and MCL 552.454, after the child began receiving public assistance.”

Ghidotti v. Barber, 586 N.W.2d 883 (Mich. 1998). · cites it 2× “§ 722.3(3); MSA 25.244(3); and the Child Custody Act, M.”

Show all 52 citing cases →

— Mich. Comp. Laws § 722.3(1) — 15 cases

In re Beck, 793 N.W.2d 562 (Mich. 2010). “The sole parental obligation identified in MCL 722.3 is the duty to provide a child with support: (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.”

Berger v. Berger, 747 N.W.2d 336 (Mich. Ct. App. 2008). “MCL 722.3(1); Borowsky, supra at 672-673 .”

Evink v. Evink, 542 N.W.2d 328 (Mich. Ct. App. 1995).

In re Beck, 788 N.W.2d 697 (Mich. Ct. App. 2010).

In Re Juv. Commitment Costs, 613 N.W.2d 348 (Mich. Ct. App. 2000).

— Mich. Comp. Laws § 722.3(2) — 4 cases

In Re Rood, 763 N.W.2d 587 (Mich. 2009). “454(1); MCL 722.3(2). [11] The record reflects that Kops released her rights "contingent upon" the termination of respondent's rights.”

7th Prob. Court for the Cnty. of Charlevoix v. Erfourth (In Re Erfourth), 126 B.R. 736 (Bankr. W.D. Mich. 1991). “Indeed, it is mandated by the language of Mich.Comp.Laws Ann. § 722.3(1), which states: The parents are jointly and severally obligated to support a minor unless a court *739 of competent jurisdiction modifies or terminates the obligation or the minor is emancipated by operation…”

in Re Beck Minors (Mich. 2010).

— Mich. Comp. Laws § 722.3(3) — 4 cases

Ghidotti v. Barber, 586 N.W.2d 883 (Mich. 1998). “§ 722.3(3); MSA 25.244(3); and the Child Custody Act, M.”

Proudfit v. O'NEAL, 484 N.W.2d 746 (Mich. Ct. App. 1992).

in Re Beck Minors (Mich. 2010).

— Mich. Comp. Laws § 722.3(6) — 1 case

Auto Club Ins. v. State Farm Ins. Companies, 561 N.W.2d 445 (Mich. Ct. App. 1997).

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