Full question:
My 17-year-old son is working part-time for a café and he has been earning quiet well for being a good waiter. But I do not want him to spend all the money he gets out of it on things other than books and just save the remaining. He is not legally emancipated. Can I take the payments from the employer on his behalf and give him only a part of it to spend?
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: Michigan
Answer:
In Michigan, the age of majority is 18 years and till then the minor is under the care and control of the parents or guardian. Any individual under the age of 18 is considered as a minor per the definition in Mich. Comp. Laws § 722.1(a).But, any minor who is emancipated legally will be released from the custody and control of the parents or guardians. After emancipation, the parents or guardians will not have any control over the minor and cannot claim his earning.
However, in cases of unemancipated minors, the parents can exercise full control over the minor and have other rights over the minor including the custody, services provided and the earnings of the minor.
Mich. Comp. Laws § 722.5 explicitly provides for this in the language given below:
“The earnings of an employed unemancipated minor may be paid directly to him unless his parents or his guardian give notice to the employer that future payments should be made to the parents or guardian.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
