michigan support to age 19 and 1/2

[california boun]

What is the name of your state (only U.S. law)? michigan

in michigan - divorce says support will continue to age 19 and 1/2 as long as child:
1) attends high school on a full time basis
2) has reasonable expectation of completing graduation requirements
3) resides with recipient of child support payments

child is 18 - only has 6 of the 16 required credits to complete
a history of juvenile deliquency reports and very poor attendance
withdrew from high school in february 2008 made one attempt at GED in another state but is back in michigan and claims that enrolling in GED program fulfills the items 1, 2, and 3 for child support to continue - - is this true?

are there any reports/data i can use to support this

 

[seniorjudge]

Other than the judgment in your lawsuit, who is telling you this stuff?

 

[TinkerBelleLuvr]

And what did the FOC office say about it when you questioned it? You can send a written request to your case worker about this. They should have some guidelines.

Section 552.605b

SUPPORT AND PARENTING TIME ENFORCEMENT ACT (EXCERPT)
Act 295 of 1982


552.605b Child support after 18 years of age.

Sec. 5b.

(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 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 (4), 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.

(4) A provision contained in a judgment or an order entered under this act before, on, or after the effective date of this section that provides for the support of a child after the child reaches 18 years of age is valid and enforceable if 1 or more of the following apply:

(a) The provision is contained in the judgment or order by agreement of the parties as stated in the judgment or order.

(b) The provision is contained in the judgment or order by agreement of the parties as evidenced by the approval of the substance of the judgment or order by the parties or their attorneys.

(c) The provision is contained in the judgment or order by written agreement signed by the parties.

(d) The provision is contained in the judgment or order by oral agreement of the parties as stated on the record by the parties or their attorneys.


History: Add. 2001, Act 106, Eff. Sept. 30, 2001

http://www.legislature.mi.gov/(S(e2mp3d3tuxbkopjsxt3myxvv))/mileg.aspx?page=getObject&objectName=mcl-552-605b

 

[california boun]

Still question support to age of 19 and 1/2

FoC is not helpful - they do not speak to clients on the phone (by appt only) when sent letters of inquiry, they respond with a form letter that is even more confusing or refer you to family court to file another motion

senior judge ? what 'stuff' are you referring to? the statement in the divorce decree or the motion the parent is filing to continue child support to the age of 19 and 1/2

Does enrollment in a GED program meet the requirements?

 

[seniorjudge]

FoC is not helpful - they do not speak to clients on the phone (by appt only) when sent letters of inquiry, they respond with a form letter that is even more confusing or refer you to family court to file another motion

senior judge ? what 'stuff' are you referring to? the statement in the divorce decree or the motion the parent is filing to continue child support to the age of 19 and 1/2

Does enrollment in a GED program meet the requirements?

Read GinnyJ's post...it has all your answers.

 

[TinkerBelleLuvr]

Remember, squeaky wheel with FOC.

http://courts.michigan.gov/scao/courtforms/domesticrelations/drindex.htm#sup

Motion Regarding Support (foc50.pdf)

Not sure if you actually have to file a motion to terminate. Only reason I think that you might have to is that the X is fighting you on this.