Minor's Earnings - How can a parent enforce their right to receive the Minor's Earnings - How can a parent enforce their right to receive the wages of an unemancipated minor?

Minor's Earnings - How can a parent enforce their right to receive the wages of an unemancipated minor?

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Question

I have a question concerning MCL 722.5, Earnings of Unemancipated Minors [M.S.A. 25.244(5)], which says that if a parent gives notice to the minors employer future payments should be paid to the parent. In MCL 722.5 it also says the parents have the right to control the earnings of a minor.

Our daughter just turned 17 and is unemancipated. She is also bipolar and spends her money recklessly- she has made over $1000 in the last 2 months and only has $24 left. As her parent we want to help her to save her money and would like to have control of it and help teach her to budget it.

The problem is that I went to her employer this morning and gave them a copy of the statue and a typed and signed notice that her future checks should be given to us, her parents. Her employer (owns a childcare facility) said he is a lawyer and he read it and said he would not give it to us. He said that statute may have been overturned or we may even have made it up. He said he would investigate it and see if we were correct. At one point he even said we needed a court order. He complained about being put in the middle but I feel he is putting himself in the middle by not complying with the law. How can he do this?

What are our rights and how do we get this enforced? Can we simply ask the police to tell him he has to comply? Do we need a court order to enforce this law? If so where would we go to get one and how long does that take? This is very aggravating and any light you can shed on this would be appreciated.

Answer

I believe that your statement of the law is correct. In Michigan, the parents of an unemancipated minor have a right to the income and earnings of such minor. Once they notify an employer, the wages should be directed to them. If the employer does not cooperate, he or she may be exposing themselves to liability for breach of this duty. I believe you would enforce your right by a civil suit against the employer for their breach. You should contact an attorney. Once the attorney knows all of the facts, he or she can advise how to proceed and what the likely outcome will be.

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Last Updated: 4-30-01

Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014
or e mail to pharter@calhouncountymi.gov