Parents around Oakland County, Michigan, including Troy, Clarkston, Farmington Hills, and Bloomfield Township, know that child-related expenses do not end when the child turns 18. Separated parents, as well as parents who are in the process of a divorce, may wonder if their divorce, custody, and child support order should have terms outlining how college tuition payments or other expenses should be split. Under Michigan law, the answer depends largely on statutory limits and parental agreements.
The General Rule: Support Ends at 18
Generally, child support stops when a child turns 18. However, Michigan law (MCL 552.605B) allows for child support to be extended up to age 19 years and 6 months if:
- The child is still attending high school full-time,
- The child has a reasonable expectation of graduating, and
- The child lives full-time with the custodial parent or in a supervised institution.
College Tuition and Other Support
An Oakland County Family Judge cannot normally order support beyond the statutory limit unless both parents have agreed to it. Michigan courts do not have statutory authority to order a parent to pay for college or other expenses unless the parents have previously agreed to do so. An agreement by both parents to share college expenses is enforceable so long as it is included in the court order. A provision for any support after age 18 (or sometimes until 19.5 years of age) is only valid if:
- It appears in the judgment by agreement of the parties,
- Both parties approved the substance of the agreement, or
- It was made on the record orally or in writing by the parties.
Enforcement of Agreements
When parents agree to pay post-minor support, those terms are treated as contractual obligations within the Judgment of Divorce. The Oakland County Friend of the Court and our judges can enforce such agreements like any other child support order. In the absence of an agreement, a request for post-minor support will likely be denied. Suppose a parent in Birmingham or Novi agrees in a consent judgment to pay “one-half of the child’s college tuition and room and board at a Michigan public university.” That provision is enforceable because it reflects a valid parental agreement. However, if no such clause exists, the court lacks authority to impose that duty. Michigan law is very clear. Judgments of Divorce are viewed much like contracts. If the parties to the contract reached an agreement, courts will enforce it regardless of whether that court is in Oakland County, Macomb County, or Livingston County.
Key Takeaways for Oakland County Parents
- Regular child support payments here in Michigan end at age 18, unless the child is still in high school (then they continue until graduation, but never longer than age 19½).
- College expenses are not mandatory under Michigan law. Only written agreements for college expenses are enforceable.
- A skilled Oakland County family law attorney can work to negotiate so that college expense agreements are included in your final Judgment of Divorce, custody and support order, and are enforceable.
FAQs
Q: Can my ex be forced to pay for our child’s college in Michigan?
A: No. Unless both parents agreed to it in writing or on the record, a Michigan Circuit Court judge cannot order college support.
Q: What if my child is 18 and still in high school?
A: Support may continue until the child graduates, but not beyond age 19 years and 6 months, so long as the child is attending high school with a reasonable expectation of graduating.
Q: Can I modify my divorce judgment to add college expenses later?
A: Yes, but only if both parents agree to amend the judgment and the court enters that agreement as an enforceable order. A judge cannot order this without agreement from both parents.
Q: Does Friend of the Court enforce college tuition agreements?
A: Yes. Once an agreement is part of a judgment or order, it becomes enforceable like any other child support order.
The Kronzek Firm is Here for You
Navigating post-majority child support and college expense agreements in Oakland County, Livingston County, Macomb County, or elsewhere in Michigan requires careful legal drafting and knowledge of Michigan’s property settlement, support, and parenting time statutes. At The Kronzek Firm, we have decades of experience in handling all kinds of disputes that arise in Michigan family law cases. We represent clients in Oakland County and the surrounding areas of Livingston, Macomb, Livingston, and Genesee counties. We can help ensure your judgment complies with Michigan law and protects your financial interests and your child’s future. Contact The Kronzek Firm (OaklandCountyFamilyLaw.com) today for a consultation and let us advocate for you.
Our highly respected attorneys have fought for thousands of Michigan clients for more than 30 years. You can reach our Farmington Hills office 24/7 by calling (248) 479-6200 or by email at contactus@kronzek.law.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]
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