SUPPORT AND PARENTING TIME ENFORCEMENT ACT
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 support order entered under this section shall include a provision that the support terminates on the last day of a specified month, regardless of the actual graduation date.
(4) 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 (5), 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.
(5) A provision contained in a judgment or an order entered under this act before, on, or after September 30, 2001 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 ;-- Am. 2009, Act 193, Imd. Eff. Dec. 28, 2009
Notes of Decisions
Cited in
36
cases (
13 in the last 5 years), 2008–2026 · leading case:
Weaver v. Giffels, 895 N.W.2d 555 (Mich. Ct. App. 2016).
Weaver v. Giffels, 895 N.W.2d 555 (Mich. Ct. App. 2016).
· cites it 30× “A hearing on defendant’s motion was held before a family division referee, who agreed with defendant, concluding that “[t]he statute [MCL 552.605b] is really quite clear:” it allowed for postmajority child support only where the child is “regularly attending high school on a…”
Hayford v. Hayford, 760 N.W.2d 503 (Mich. Ct. App. 2008).
· cites it 3× “Subject to section 5b of the support and parenting time enforcement act, 1982 PA 295 , MCL 552.605b, for purposes of providing support, child includes a child and children who have reached 18 years of age.”
Lee v. Smith, 871 N.W.2d 873 (Mich. Ct. App. 2015).
· cites it 7× “MCL 552.605b was added to the SPTEA by 2001 PA 106 , effective September 30, 2001.”
Grange Ins. Co of Michigan v. Edward Lawrence, 494 Mich. 475 (Mich. 2013).
· cites it 2× “54 However, where the facts of the child’s living * * * (c) Modify or amend its previous judgments or orders for proper cause shown or because of change of circumstances until the child reaches 18 years of age and, subject to section 5b of the support and parenting time…”
Demski v. Petlick, 873 N.W.2d 596 (Mich. Ct. App. 2015).
“Subject to [MCL 552.605b], the court may also order support as provided in this section for a child after he or she reaches 18 years of age.”
Zaid Safdar v. Donya Aziz, 912 N.W.2d 511 (Mich. 2018).
“modify or amend its previous judgments or orders for proper cause shown or because of change of circumstances until the child reaches 18 years of age and, subject to section 5b of the support and parenting time enforcement act, 1982 PA 295 , MCL 552.605b, until the child reaches…”
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…”
Sims v. Verbrugge, 911 N.W.2d 233 (Mich. Ct. App. 2017).
· cites it 2× “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 section for a child after he or she reaches 18 years of age.”
In re Beck, 793 N.W.2d 562 (Mich. 2010).
“Subject to section 5b of the support and parenting time enforcement act, 1982 PA 295 , MCL 552.605b, a court of competent jurisdiction may order support as provided in this section for a child after he or she reaches 18 years of age.”
Kessler v. Kessler, 811 N.W.2d 39 (Mich. Ct. App. 2011).
“(c) Modify or amend its previous judgments or orders for proper cause shown or because of change of circumstances until the child reaches 18 years of age and, subject to section 5b of the support and parenting time enforcement act, 1982 PA 295 , MCL 552.605b, until the child…”
Sulaica v. Rometty, 308 Mich. App. 568 (Mich. Ct. App. 2014).
“court or an order or judgment of the circuit court, for the best interests of the child the court may do 1 or more of the following: (c) Modify or amend its previous judgments or orders for proper cause shown or because of change of circumstances until the child reaches 18 years…”
In Re Ap, 770 N.W.2d 403 (Mich. Ct. App. 2009).
“t *601 or an order or judgment of the circuit court, for the best interests of the child the court may do 1 or more of the following: (c) Modify or amend its previous judgments or orders for proper cause shown or because of change of circumstances until the child reaches 18…”
— Mich. Comp. Laws § 552.605b(2) — 4 cases
Weaver v. Giffels, 895 N.W.2d 555 (Mich. Ct. App. 2016).
“A hearing on defendant’s motion was held before a family division referee, who agreed with defendant, concluding that “[t]he statute [MCL 552.605b] is really quite clear:” it allowed for postmajority child support only where the child is “regularly attending high school on a…”
Lee v. Smith, 871 N.W.2d 873 (Mich. Ct. App. 2015).
“MCL 552.605b was added to the SPTEA by 2001 PA 106 , effective September 30, 2001.”
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