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End of child support case questions

Discussion in 'Child Support' started by racer765, May 6, 2022.

  1. racer765

    racer765 Law Topic Starter New Member

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    Jurisdiction:
    Michigan
    My question involves a child custody case from the State of: Michigan (Wayne county)


    Hello,

    I have some questions I'm hoping that may be able to be answered. My child support order says support is to be paid until my child is 18 but can be extended up to graduation or 19 1/2 if they are in school full time.


    I have 2 other children in a different county, when they both turned 18 child support ended immediately with a letter sent for their mother to request an extension until they graduate if she chose. In those cases, both of my kids were working full time and their mother chose not to extend the few months until graduation.


    Current case: It has been over 2 months since my last child turned 18 and my case is still open with child support being deducted regularly. It did not stop and no letter regarding an extension was received as I had in the prior support cases. I called the Wayne County FOC to ask about my case since my child turned 18. The person that answered without taking any of my case information said that Wayne county automatically extends all support cases to the last date of the school year without any notice of modification sent to the parents because they assume all kids are in school full time regardless if they turned 18. That is the first I've ever heard of this and is not what the other counties are doing.


    Can the FOC just modify a support order without a request or notification from either party and extend it to the end of the school year on the assumption that child is in school full time without verification?


    Should I wait until the end of the school year to see if they stop child support or is this something I should get a lawyer involved with now since it should have stopped when she turned 18 without modification to extend to make sure the case is closed properly? I've never heard of an FOC modifying an existing support order without a request or documentation from either party.


    Thank you!!!!
     
  2. zddoodah

    zddoodah Well-Known Member

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    Since that's apparently exactly what did happen, it would appear pretty clear that it can happen.

    If there's some reason to believe it won't get terminated by the end of the school year (which is what the person to whom you spoke told you would happen, right?), then sure, get an attorney on board now.
     
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  3. Red Kayak

    Red Kayak Well-Known Member

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    Yes, you should wait until the end of the school year, especially if your child is actually still in school.

    If the person that you spoke to is correct, the situation should resolve itself at the end of the school year.
     
  4. Zigner

    Zigner Well-Known Member

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    There was no modification of the order, simply an (appropriate) extension.
     
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