Weaver v. Giffels – Case Summary and Impact On FOCs

Although child support obligations generally end when a child reaches the age of eighteen, there are limited circumstances where the court may make an exception. If the child reaches 18, but is attending high school full-time and residing on a full-time basis with the child support recipient, the support obligation may continue. In the recent State of Michigan Court of Appeals case, Weaver v. Giffels, the court decided that “residing on a full-time basis with the child support recipient” means the child must physically live at the residence of the child support recipient and intend to make that place the child’s permanent residence. Ultimately, the case was returned to the trial court to determine whether the child resided with her mother full-time.