My son is now 19 years old and has dropped out of school. Do I have to continue my child support payments?
Full Question:
My wife and I had obtained divorced 5 years ago due to irreconcilable differences between us. I moved to Grand Rapids after the divorce. The court, at the time of divorce, had ordered me to pay child support of $ 150 per week until such time that he completes his school. My son is now 19 years old and has dropped out of school to travel with his band. Do I have to continue my child support payments?
12/05/2016 |
Category: Divorce ยป Child Support |
State: Michigan |
#27518
Answer:
MCLS § 552.605b which reads:
“(1) A court that orders child support may order support for a child after the child reaches 18 years of age as provided in this section.
(2) The court may order child support for the time a child is regularly attending high school on a full-time basis with a reasonable expectation of completing sufficient credits to graduate from high school while residing on a full-time basis with the recipient of support or at an institution, but in no case after the child reaches 19 years and 6 months of age. A complaint or motion requesting support as provided in this section may be filed at any time before the child reaches 19 years and 6 months of age.
(3) A support order entered under this section shall include a provision that the support terminates on the last day of a specified month, regardless of the actual graduation date.
(4) A provision contained in a judgment or an order entered before October 10, 1990 that provides for the support of a child after the child reaches 18 years of age, without an agreement of the parties as described in subsection (5), is valid and enforceable to the extent the provision provides support for the child for the time the child is regularly attending high school on a full-time basis with a reasonable expectation of completing sufficient credits to graduate from high school while residing on a full-time basis with the recipient of support or at an institution, but in no case after the child reaches 19 years and 6 months of age. This subsection does not require payment of support for a child after the child reaches 18 years of age for any period between November 8, 1989 and October 10, 1990, or reimbursement of support paid between November 8, 1989 and October 10, 1990, in those judicial circuits that did not enforce support for a child after the child reached 18 years of age during the period between November 8, 1989 and October 10, 1990.”
In the case at hand, the son has attained the age of majority in Michigan and is not entitled to receive any child support because he doesn’t fulfill the conditions in the court order of child support i.e. he has dropped out of school. Because he is above 18 years of age, he is legally emancipated by operation of law giving him the status of an adult per MCLS § 722.4 which reads:
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(2) An emancipation occurs by operation of law under any of the following circumstances:
(a) When a minor is validly married.
(b) When a person reaches the age of 18 years.
(c) During the period when the minor is on active duty with the armed forces of the United States.
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