When and How to Stop Child Support in Michigan

To stop child support in Michigan, you need a court order ending the obligation. The payments were created by a court order, and only a new court order terminates them. In most cases that means filing a Motion Regarding Support (form FOC 50) once a qualifying event has occurred, serving the other parent, and getting a judge to sign a new Uniform Child Support Order. Until that signed order exists, the obligation keeps running, even if your child has moved out, turned 18, or gotten married.

When the Obligation Is Eligible to End

Before you file anything, confirm that something has actually happened to end your duty to pay. The standard cutoff is 18. Most Michigan support orders terminate on the last day of the month the child turns 18.1Michigan Courts. FOC 10, Uniform Child Support Order

Support can continue past 18 if the child is still in high school. The maximum is age 19 and 6 months, and the extension only applies if the child attends high school full-time, has a reasonable expectation of graduating, and lives full-time with the parent receiving support or at an institution. The original order itself has to include language authorizing post-majority support; without it, the obligation ends at 18.2Michigan Legislature. Michigan Compiled Laws 552.605b – Child Support After 18 Years of Age

Several other events can end the obligation before the child reaches the age cap:3State Court Administrative Office. SCAO Administrative Memorandum 2012-07 – When Child Support Stops and When It Continues

  • The child marries.
  • The child enters active military service and is considered self-supporting.
  • A court emancipates the minor, which revokes any existing support order.4Michigan Legislature. Michigan Compiled Laws – Emancipation of Minors Act, Act 293 of 1968
  • The child dies. Ongoing support ends, though any arrears already owed stay collectible.
  • Another person adopts the child, which ends the previous parent’s duty under Michigan’s Adoption Code.

One boundary worth knowing: Michigan does not allow courts to extend child support for an adult child with a disability. The hard cap is 19 years and 6 months, and only if the high school attendance requirements are met.2Michigan Legislature. Michigan Compiled Laws 552.605b – Child Support After 18 Years of Age Also, losing your parental rights by itself does not end your support duty in Michigan unless a court specifically terminates that obligation in a separate order.5Michigan Department of Health and Human Services. Termination of Parental Rights – Michigan Supreme Court Decision

Why You Can’t Just Stop Paying

This is the single most important thing to know before the filing process. Every missed payment becomes a judgment the moment it comes due, and no court can erase it after the fact. The federal Bradley Amendment prohibits any state from retroactively modifying child support that has already come due.6Office of the Law Revision Counsel. 42 USC 666 – Requirement of Statutorily Prescribed Procedures to Improve Effectiveness of Child Support Enforcement Any modification runs from the date you file your petition, not before.

Overdue amounts also carry a surcharge based on U.S. Treasury rates plus one percent, recalculated every six months.7Michigan Department of Health and Human Services. Michigan Child Support Manual Section 5.75 – Surcharge On top of that, the Friend of the Court can intercept tax refunds, suspend driver’s and professional licenses, report the debt to credit agencies, and initiate contempt proceedings that can lead to jail.3State Court Administrative Office. SCAO Administrative Memorandum 2012-07 – When Child Support Stops and When It Continues Keep paying until you have a signed order or written confirmation from the FOC that the obligation has ended.

Your Two Options to End the Order

Michigan gives you two paths: ask the Friend of the Court to review the order, or file a motion yourself.

Friend of the Court Review

Either parent can submit a written request asking the FOC to review the existing support order. The FOC has 14 days to decide whether a review is warranted, and 180 days to complete the review and seek a modification if the numbers justify one.8Michigan Legislature. Michigan Compiled Laws 552.517 – Review of Child Support Orders The FOC isn’t required to act on more than one request from the same party every 36 months. This path makes sense when the situation isn’t urgent and you’d rather let the FOC do the investigation and paperwork.

Filing a Motion Yourself

Filing your own motion is the faster route and the better fit when you have a clear-cut qualifying event like an 18th birthday, graduation, marriage, or emancipation. You’re asking the judge to act now rather than waiting for the FOC to work through its queue.

Filing the Motion Regarding Support (FOC 50)

The form is the Motion Regarding Support, FOC 50, available free from the Michigan Courts website.9Michigan Courts. Motion Regarding Support – FOC 50 A companion instruction sheet walks through each field.10Michigan Courts. Instructions for Form FOC 50 – Motion Regarding Support

Pull together three things before you start filling it out:

  • Your case number, which appears on the original judgment of divorce, order of filiation, or family support order.
  • A copy of the original support order so you can reference its exact terms.
  • Proof of the qualifying event: a birth certificate showing age, a high school diploma or graduation certificate, a marriage certificate, military enlistment documents, an emancipation order, or a new custody order.

On the form, state plainly why you’re asking to end support. Name the event and the date it happened. Vague language slows the case down.

File the completed motion with the circuit court clerk in the county that issued the original order. The statutory filing fee for a motion is $20.11Michigan Legislature. Michigan Compiled Laws 600.2529 – Filing Fees After filing, you must serve a copy of the motion and all attachments on the other parent through a legally accepted method such as personal service by a process server or certified mail. File your proof of service with the court afterward.

What Happens at the Hearing

Once the motion is filed and served, the Friend of the Court typically reviews it and prepares a recommendation for the judge. When directed, the FOC investigates the facts and reports back on whether termination is appropriate.12Michigan Legislature. A Guide to Custody, Parenting Time and Support

At the hearing, the judge considers your motion, any response from the other parent, and the FOC’s recommendation. Straightforward cases, like a child who has aged out or clearly emancipated, tend to move quickly. If the judge approves termination, they’ll sign a new Uniform Child Support Order (FOC 10) reflecting that the obligation has ended.1Michigan Courts. FOC 10, Uniform Child Support Order Keep that signed order. It’s your proof the obligation is officially over, and you’ll want it if any enforcement action was already in motion.

One thing the judge cannot do is forgive arrears that built up before you filed. The new order ends future payments only. Past-due amounts remain enforceable.

If You Can’t Afford the Filing Fee

If the $20 fee is a hardship, request a waiver using form MC 20. You qualify if your household income is below 125 percent of the federal poverty guidelines, if you receive means-tested public assistance like Medicaid, SNAP, SSI, or TANF, or if you’re represented by a legal services program due to financial need.13Michigan Courts. MC 20, Fee Waiver Request The court can also grant a waiver if the fee would cause financial hardship even above that threshold. File the MC 20 along with your motion. If the request is denied, you have 14 days to either pay the fee or request a review of the denial.

If You’re Incarcerated

Michigan has a specific rule for parents sent to jail or prison for 180 days or more. You don’t need to file a motion. The Friend of the Court can abate the support order once it learns of the incarceration.14Michigan Legislature. Michigan Compiled Laws 552.517f – Abatement of Child Support Order Upon Incarceration Abatement reduces or suspends the obligation for the period of incarceration; it doesn’t end the order permanently, and support resumes on release. Notify the FOC in writing as soon as possible, with your case number and expected release date. A family member or friend can contact the FOC on your behalf.

If You and the Other Parent Live in Different States

Interstate cases add complications. Under the Uniform Interstate Family Support Act, only one state has authority to modify a child support order at any given time. That’s generally the state that issued the original order, as long as one of the parties or the child still lives there. If everyone has left Michigan, a different state may need to take over jurisdiction before the order can be changed.

If you’ve moved but the other parent and child still live in Michigan, you’ll need to file in Michigan or work through your home state’s child support agency to coordinate. These cases move slowly, so start early when you know an 18th birthday or other qualifying event is on the horizon.