My son has obtained the decree of emancipation, do I continue to pay child support?

Full question:

My son who was in custody of my wife had filed for emancipation from her in Michigan. He has gotten an order of emancipation and has moved out of the house. I divorced her 3 years back as I couldn’t take her habit of substance abuse. At the time of divorce, the court took my son’s preference into consideration and gave my wife his custody. I was ordered to pay $101 every week as child support. Now that he is obtained the decree of emancipation, do I continue to pay child support?

• Category: Divorce
• Subcategory: Child Support
• Date: 04/07/2025
• State: Michigan

Answer:

Family law in Michigan fixes obligation on the biological parent of a child to support them until the age of 18. MCLS § 722.3 reads:
 

“(1) The parents are jointly and severally obligated to support a minor as prescribed in section 5 of the support and parenting time enforcement act, 1982 PA 295, MCL 552.605, unless a court of competent jurisdiction modifies or terminates the obligation or the minor is emancipated by operation of law, except as otherwise ordered by a court of competent jurisdiction. 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.
***”

But the fact that the minor has sought an emancipation through court makes him ineligible to obtain any further child support if it was obtained per the provisions in MCLS § 722.4. It reads:

“(1) Emancipation may occur by operation of law or pursuant to a petition filed by a minor with the family division of circuit court as provided in this act.
(2) An emancipation occurs by operation of law under any of the following circumstances:
     (a) When a minor is validly married.
     (b) When a person reaches the age of 18 years.
     (c) During the period when the minor is on active duty with the armed forces of the United States.
     (d) For the purposes of consenting to routine, nonsurgical medical care or emergency medical treatment to a minor, when the minor is in the custody of a law enforcement agency and the minor's parent or guardian cannot be promptly located. The minor or the minor's parent shall remain responsible for the cost of any medical care or treatment rendered pursuant to this subdivision. An emancipation pursuant to this subdivision shall end upon the termination of medical care or treatment or upon the minor's release from custody, whichever occurs first.
     (e) For the purposes of consenting to his or her own preventive health care or medical care including surgery, dental care, or mental health care, except vasectomies or any procedure related to reproduction, during the period when the minor is a prisoner committed to the jurisdiction of the department of corrections and is housed in a state correctional facility operated by the department of corrections or in a youth correctional facility operated by the department of corrections or a private vendor under section 20g of 1953 PA 232, MCL 791.220g; or the period when the minor is a probationer residing in a special alternative incarceration unit established under the special alternative incarceration act, 1988 PA 287, MCL 798.11 to 798.18. This subdivision applies only if a parent or guardian of the minor cannot promptly be located by the department of corrections or, in the case of a youth correctional facility operated by a private vendor, by the responsible official of the youth correctional facility.
(3) An emancipation occurs by court order pursuant to a petition filed by a minor with the family division of circuit court as provided in sections 4a to 4e.”

Therefore, in the given case, the payment of child support may seize at the time when the court grants the minor the order of emancipation pursuant to his application. The minor who is granted emancipation shall be treated as an adult in the eyes of law. The court before granting the order of emancipation definitely looks into the factors which make him capable of sustaining himself.