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Federal Analysis

Another area of interest to our client is whether there exists any federal law that would preclude continued child support of an emancipated minor. The LO did not find federal case law that specifically addressed this issue. Since no federal case law was found and because Michigan is the only state that mandates continued child support payments after emancipation, its statute was examined to determine whether there had been a conflict with any federal statutes or regulations. There are only five published opinions in Michigan state courts that deal with the emancipation provision of Mich. Stat. Ann. 772.4. Four of these cases provide little guidance in resolving the question presented, as they deal with non-court ordered emancipation, or mention the statute only in string citations. One case establishes that child support should no longer be given under the emancipation statute once the child turns 18, in accordance with the Michigan Age of Majority Act.65

It is reasonable to infer from the minimal case law in Michigan and the lack of federal cases that no federal obstruction to an emancipation statute mandating continued child support payments exists.



Footnotes

...65
Smith v. Smith, 447 N.W.2d 715 (1951)(the Michigan State Legislature amended its emancipation statute to reflect the change of age of majority from 21 to 18).

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