Is There a Statute on Collecting Child Support in Michigan?
- Typically, if a married couple has a child, the assumption in Michigan is that the husband is the biological father of the child. If a couple is not married when they have a child, if the assumed father is present, the state will generally have him sign an Affidavit of Parentage to attest that he is the biological father of the child. If either parent is unsure of the paternity of a child, they have until the child turns 18 to establish paternity for the purpose of collecting child support.
- In Michigan, when a child turns 18 and graduates from high school, the state automatically terminates child support orders. If the child turns 18 but does not graduate from high school, the child support order continues until the child turns 19 and a half or graduates from high school, whichever comes first. At this time, the non-custodial parent stops making payments unless the court receives a petition from the custodial parent for a child support payment extension.
- The parents can also agree to extend the child support payments to an age of their choosing. In this case, the statute of limitations ends when the child reaches the age stated in their formal support agreement. A reason for parents to agree to extend child support payments beyond the age of 18 is if the child is permanently disabled. Michigan courts handle child support payment extensions on a case-by-case basis and there is no general statute of limitations for such agreements.
- If the child legally emancipates from the parents before reaching the age of 18, the child support order is no longer enforceable and the non-custodial parent stops making payments. This is also the case if the child marries. The state of Michigan considers marriage and "emancipating act." If the child moves out of the custodial parent's house but does not legally emancipate from the parents, the child support order is still enforceable and the non-custodial parent continues to make child support payments.