Legal Question in Family Law in Michigan

Re: How Long Will I Have To Pay Child Support

Read the order. It usually goes to 19 1/2 if he does not graduate from high school. Bill Stern 248-353-9400

Re: How Long Will I Have To Pay Child Support

Good question!

A child is defined under our Child Custody Act (MCL 722.22) as including a child who has reached 18, so under that provision and MCL 722.27, 18 may NOT be the cutoff in particular cases.

Usually, that provision is only applied to children with special needs, but I could see the argument that a child who is living at home and doing the best s/he can to get that high school education would be considered needing further parental support from both parents.

I can also think of many situations in which a kid just doesn't click with what he's supposed to do in school until late, or maybe started school late, or had an illness that required being held back. The question will always be what is in the child's best interest.

That leads to the second issue, which is that Michigan courts are directed to interpret the custody and support statute to effect the "best interests of the child. (MCL 722.23)"

That extremely legalistic phrase usually means that a judge will determine what is best for a child if the parents cannot agree...not something you want to happen, since the judge is (statistically speaking) unlikely to share YOUR fundamental beliefs, and must by law rely upon precendent and his/her own judicial feelings about what is best for your child. [shudder]...

...[shudder]... :o))

I would (on the other side) definitely make the argument that the child still needs support. The form of his education (Adult Education) should not control the substance (that he is essentially finishing high school).

As you can tell, I am leaning towards, "yes, you will have to pay child support," BUT also telling you that you can challenge it, if you think you can make a case that your son really doesn't need that level of support. You can certainly ask to reduce the level of support given the "change of circumstances,"--especially if he is working while earning his GED, because he really is supporting himself with the benefit of living at home. In this scenario, he is capable of providing for his own needs AND is actually doing so, regardless of his enrollment in school, you should not have to continue court-ordered support.

At the end of the day, no one can predict with certainty, but check with your local attorney to see what the judge in your case is likely to do.