In Michigan, there is a statute that provides for child support to continue beyond age 18 provided that the child has not graduated from high school, (1) has a possibility to graduate before reaching the age of 19 1/2, (2) goes to high school full time, (3) and lives with the recipient of support full time. MCL552.605b
Under condition (2) “goes to high school full time”, we have two problems. The first problem is the words “high school” Some prosecutors interpret the words high school means just that, high school. So if a child is attending an alternative school other than a school called “high school” that provides for an equivalent diploma the child will not qualify for child support.
The second problem with is the words “full time” High school students, in their senior year generally don’t go to school full time they go to the classes necessary for their diploma at the school or they attend their classes at home on line. Full time is considered 9 hours of school attendance. Usually a senior who needs one or two hours to graduate can’t meet these conditions. Usually students in this position take college courses while finishing their high school requirements and these College courses don’t qualify as attending full time.
Under condition (3)”Lives with the recipient of support fulltime” also provides a problem in getting child support. In our courts today both parents receive parenting time that is roughly equivalent. So a recipient of support that has been receiving child support during a child’s minority will not qualify for child support after the child turns 18 if the other parent is exercising substantial parenting time. See the silly case of Weaver v Giffels Court of Appeals Docket No. 327844 decided Nov. 10, 2016.
Given the conditions of the statute a great majority of 18 year olds will not qualify for child support. If you are seeking child support beyond age 18 or trying to stop child support, Attorney Ross Stancati can be reached at 269-381-4471.
