Providing for Your Children’s College Education in your Divorce Judgment

By: Carole L. Chiamp

An often asked question in divorce is how college education of the children should be handled.

In Michigan, child support ends when your child attains the age of 18 or graduates from high school, whichever is later, but in no event beyond his/her age 19 1/2. There is no Michigan law which requires a party to pay for college for his/her child

There is law which allows parents to agree, but not be compelled, to pay for college. That law is MCL 552.605b which provides in part:

(5) A provision contained in a judgment or an order entered under this act before, on, or after September 30, 2001 that provides for the support of a child after the child reaches 18 years of age is valid and enforceable if 1 or more of the following apply:

(a) The provision is contained in the judgment or order by agreement of the parties as stated in the judgment or order;

(b) The provision is contained in the judgment or order by agreement of the parties as evidenced by the approval of the substance of the judgment or order by the parties or their attorneys;

(c) The provision is contained in the judgment or order by oral agreement of the parties as stated on the record by the parties or their attorneys.

The Michigan courts over the years has dealt with this issue and held that agreements, when made voluntarily and incorporated into the judgment of divorce, will be enforced.