Legal Question in Family Law in Michigan

child support

If my divorce decree says that I have to pay child support until 18 unless the minor is still in school, in that case until 19 1/2. Does that mean my ex-wife can keep my son out of school for almost 2 years then enroll him the month before he turns 18 and I still have to pay?


Asked on 2/12/01, 2:25 pm

1 Answer from Attorneys

Re: child support

To Whom It May Concern:

This is in response to your email of February 12, 2001, which we received on March 27, 2001.

The language you are referring to is standard language that goes into every Judgment of Divorce. This language merely reflects the language in the Michigan Statutes as it pertains to how long a party must pay child support. In order for support to be mandatory for a person between 18 and 19 � years old, the person must be attending high school full time, have a reasonable expectation of completing sufficient credits to graduate from high school, and they must be living full time with the payee of support or at an institution.

With regard to the possibility of your ex-wife holding the child out of school, there would seem to be a lot of practical obstacles to her doing this. One, it would likely hurt the child. Two, if the child is under 16, it is likely illegal. Three, if the child is over 16 and the child wants to remain in school, it is unclear whether she can keep the child out of school. Four, keeping the child out of school for no good reason may reflect poorly on your ex-wife as a parent.

I can only give very general information since I am not familiar with the facts of this case. If you have any further questions, feel free to call me at (313) 561-5700.

Sincerely,

Michael R. Shaffer

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Answered on 3/28/01, 2:09 pm


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