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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
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Experience:  Practicing Attorney for over 15 years
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This concerns Michigan law regarding child support to an emancipated

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This concerns Michigan law regarding child support to an emancipated minor. The statute says the minor must prove they have income and are capable of managing their own financial affairs, but also says "the parents of a minor emancipated by court order are jointly and severally liable for support of the minor." How can this be? Are there any cases explaining this contradiction? Al of the other states are clear that parents do not have to pay child support to an emancipated minnor. I need a Michigan lawyer to answer this question. Thank you.
Submitted: 6 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 6 years ago.
You are reading the statute wrong. Once a child is legally emancipated by court order, the parent(s) do NOT have the financial liability for the support of the emancipated minor. Reread the statute and you will see it distinguished between unemancipated and emancipated minors.
Customer: replied 6 years ago.

I did not misread the statute - it is a quote, see section 722.4e(2).

Expert:  Daniel Solutions replied 6 years ago.

Let me try to explain it to you this way. I understand as a nonlawyer you are reading the strict word of the law, as that is what I mean by you're not understanding.


When a minor becomes emancipated by court order, that minor is viewed to be an adult for certain matters such as living alone, signing contracts, etc... but can not do other things like vote, purchase alcohol, etc...


The court order terminated the parent liability to support the child. However until the child "naturally emanicipates" (turns 18), the court can revoke/rescind the court order should at some point prior to 18, that minor is no longer able to support him/herself and/or is proven to not be appropriate as an adult.


It hope that clears it up for you.

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