Emancipation - May I become emancipated if my father who pays child support objects?  If emancipated can I still be covered by my parents' insurance?

Return to Citizen Questions Menu

Return to Calhoun County Courts Home Page

Question

I'm fifteen years old and plan on becoming emancipated after my next birthday.  My parents are divorced and my mother (who I live with) is okay with it.  But we still have a few questions that I hope you can help me with...

Will I still be covered under my parents' insurance if I become emancipated?  From your web site, I gather that my father would still be required to pay child support, but I'm not 100% clear on that. Would he still need to pay child support and back child support? If my dad objected to my being emancipated, what sort of legal argument would he need to present to the court?

Answer

If a child becomes emancipated, that child is not longer considered a child (i.e. is considered an adult). As such, no parent is required to pay child support from that point on, except for arrearages that accrued before the emancipation.  Insurance coverage is up to the insurance carrier.

MCL 722.4c(2) provides in part as follows:

The court shall issue an emancipation order if it determines that emancipation is in the best interest of the minor and the minor establishes all of the following:
(a) That the minor's parent or guardian does not object to the petition; or if a parent or guardian objects to the petition, that the objecting parent or guardian is not providing the minor with support.....
In light of the above, if a non custodial parent is providing a child with support, that parent would be able to block an emancipation by their objection.  It therefore becomes important how a court would interpret "providing the minor with support".  Child support is paid and owed to a custodian and not the child.  Therefore, the payment of child support to a custodial parent would not be providing the minor with support nor would it necessarily mean that the child is being supported by anyone.  A non custodial parent is an interested party and  may give evidence as to whether emancipation is in the best interest of the minor or whether the criteria for emancipation has been met.  However, the mere fact that a non custodial parent pays child support should not be enough to allow such parent to block emancipation by their objection.

Courts may differ in their interpretations of these provisions.

Top of Page

Return to Citizen Questions Menu

Return to Calhoun County Courts Home Page

Last Updated:  12-28-02

Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to pharter@calhouncountymi.gov