Revised Statutes of 1846
R.S. of 1846
552.16 Care, custody, and support of minor child after annulment or judgment of divorce or separate maintenance; enforcement.
Sec. 16.
(1) Upon annulling a marriage or entering a judgment of divorce or separate maintenance, the court may enter the orders it considers just and proper concerning the care, custody, and, as prescribed in section 5 of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605, support of a minor child of the parties. Subject to section 5b of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605b, the court may also order support as provided in this subsection for the parties' children who are not minor children.
(2) An order concerning the support of a child of the parties is governed by and is enforceable as provided in the support and parenting time enforcement act, 1982 PA 295, MCL 552.601 to 552.650.
History: R.S. 1846, Ch. 84 ;-- CL 1857, 3237 ;-- CL 1871, 4748 ;-- How. 6238 ;-- CL 1897, 8631 ;-- CL 1915, 11407 ;-- Am. 1929, Act 254, Eff. Aug. 28, 1929 ;-- CL 1929, 12738 ;-- Am. 1939, Act 134, Eff. Sept. 29, 1939 ;-- CL 1948, 552.16 ;-- Am. 1985, Act 214, Eff. Mar. 1, 1986 ;-- Am. 1989, Act 274, Imd. Eff. Dec. 26, 1989 ;-- Am. 1990, Act 243, Imd. Eff. Oct. 10, 1990 ;-- Am. 1990, Act 291, Imd. Eff. Dec. 14, 1990 ;-- Am. 1996, Act 9, Eff. June 1, 1996 ;-- Am. 2001, Act 107, Eff. Sept. 30, 2001
PopularName Notes:
No-Fault Divorce
Notes of Decisions
Cited in
40
cases (
3 in the last 5 years), 1949–2024 · leading case:
Burba v. Burba, 610 N.W.2d 873 (Mich. 2000).
Burba v. Burba, 610 N.W.2d 873 (Mich. 2000).
· cites it 10× “95 (allowing order of support during pendency of divorce proceedings); MCL 552.16; MSA 25.96 (allowing order of support pursuant to divorce); MCL 552.”
Lee v. Smith, 871 N.W.2d 873 (Mich. Ct. App. 2015).
· cites it 5× “Orders of child support issued pursuant to a judgment of divorce had previously been governed by MCL 552.16. In Smith v Smith, 433 Mich 606 ; 447 NW2d 715 (1989), our Supreme Court had interpreted multiple provisions of Michigan’s divorce laws, MCL 552.”
Smith v. Smith, 447 N.W.2d 715 (Mich. 1989).
· cites it 4× “" [8] *614 Similarly, MCL 552.16; MSA 25.96 governs the care, custody, and support of minor children after a divorce judgment.”
People v. Woolfolk, 848 N.W.2d 169 (Mich. Ct. App. 2014).
“The precise issue before us in this case may, however, only be one. Others may include, for example, whether “fractions of a day” should he considered, whether one is “over” an age before reaching one’s next birthday, and whether any difference exists between one who has…”
Bowie v. Arder, 490 N.W.2d 568 (Mich. 1992).
“9 MCL 552.16(1); MSA 25.96(1) provides that upon entering a judgment of divorce the circuit court may enter an order concerning the care, custody, and support of the minor children of the parties.”
Kosch v. Kosch, 592 N.W.2d 434 (Mich. Ct. App. 1999).
· cites it 2× “§ 552.16; MSA 25.96. [1] The facts of this case establish that both parents, despite their separation from each other, remain deeply involved in the lives of their children.”
Jahn v. Regan, 584 F. Supp. 399 (E.D. Mich. 1984).
· cites it 2× “Mich.Comp.Laws Ann. §§ 552.16, & 722.24. Michigan has *403 established a “friend of the court” in each circuit who acts under the supervision and direction of the circuit court and who is responsible for, among other duties, determining the amount of child support arrearages and…”
Atkinson v. Atkinson, 408 N.W.2d 516 (Mich. Ct. App. 1987).
“There is no indication in the trial court’s order, however, that it was acting pursuant to the Paternity Act when it ordered the test.”
Booth v. Booth, 486 N.W.2d 116 (Mich. Ct. App. 1992).
“312(7X2), MCL 552.16(2); MSA 25.96(2). On remand, the trial court is to utilize the 1992 edition of the Michigan Child Support Guideline Manual.”
Nygard v. Nygard, 401 N.W.2d 323 (Mich. Ct. App. 1986).
“…of the marital household, from being held responsible for paymnents to be made for the support of the child. See MCL 552.16; MSA 25.96.”
People v. Likine, 794 N.W.2d 85 (Mich. Ct. App. 2010).
“Under MCL 552.16(1), the court that enters a divorce judgment “may enter the orders it considers just and proper concerning the care, custody, and, as prescribed in *655 section 5 of the support and parenting time enforcement act, 1982 PA 295 , MCL 552.”
— Mich. Comp. Laws § 552.16(1) — 5 cases
Bowie v. Arder, 490 N.W.2d 568 (Mich. 1992).
“9 MCL 552.16(1); MSA 25.96(1) provides that upon entering a judgment of divorce the circuit court may enter an order concerning the care, custody, and support of the minor children of the parties.”
People v. Likine, 794 N.W.2d 85 (Mich. Ct. App. 2010).
“Under MCL 552.16(1), the court that enters a divorce judgment “may enter the orders it considers just and proper concerning the care, custody, and, as prescribed in *655 section 5 of the support and parenting time enforcement act, 1982 PA 295 , MCL 552.”
Lee v. Smith, 871 N.W.2d 873 (Mich. Ct. App. 2015).
“Orders of child support issued pursuant to a judgment of divorce had previously been governed by MCL 552.16. In Smith v Smith, 433 Mich 606 ; 447 NW2d 715 (1989), our Supreme Court had interpreted multiple provisions of Michigan’s divorce laws, MCL 552.”
— Mich. Comp. Laws § 552.16(2) — 6 cases
Burba v. Burba, 610 N.W.2d 873 (Mich. 2000).
“95 (allowing order of support during pendency of divorce proceedings); MCL 552.16; MSA 25.96 (allowing order of support pursuant to divorce); MCL 552.”
Booth v. Booth, 486 N.W.2d 116 (Mich. Ct. App. 1992).
“312(7X2), MCL 552.16(2); MSA 25.96(2). On remand, the trial court is to utilize the 1992 edition of the Michigan Child Support Guideline Manual.”
Lee v. Smith, 871 N.W.2d 873 (Mich. Ct. App. 2015).
“Orders of child support issued pursuant to a judgment of divorce had previously been governed by MCL 552.16. In Smith v Smith, 433 Mich 606 ; 447 NW2d 715 (1989), our Supreme Court had interpreted multiple provisions of Michigan’s divorce laws, MCL 552.”
— Mich. Comp. Laws § 552.16(2)(a) — 1 case
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