Health Insurance for a Child Constitutes Support, Trial Court Erred in Analysis of Support Ability
The trial court erred by not conducting an analysis of the parent’s “ability to support” when determining whether such support was “substantial.”
Appeals Court Vacates, Remands Various Orders In Divorce Case
The defendant is entitled to relief, the Michigan Court of Appeals has ruled, because the trial court erred in several respects.
Incarcerated Father’s Parental Rights Wrongly Terminated For Stepparent Adoption
Respondent-father had the ability to provide “consistent support though not ample support” for his children while he was incarcerated but did not do so.
MSC Orders Trial Court To Review Jurisdiction In Out-Of-State Support Case
The MI Supreme Court has vacated certain parts of a 2021 COA decision affirming a trial court’s finding that it did not have personal jurisdiction over the defendant-father in a child support case.
Trial Court Applied Incorrect Standard To Child Support Modification Request
The trial court erroneously applied a change-of-circumstances standard to the Friend of the Court’s petition to modify child support, the Michigan Court of Appeals has ruled.
No Capital Gains Included In Plaintiff’s Income For Child-Support Purposes
The trial court did not err when computing the parties’ incomes - particularly capital gains - for purposes of determining child support, the Michigan Court of Appeals has ruled.
Dad’s Rights Wrongly Terminated To Allow Stepparent Adoption
Trial court erred by terminating a father’s parental rights for purposes of a stepparent adoption because there was “no factual basis to clearly and convincingly” support that determination.
Case Remanded So Trial Court Can Make “Explicit” Best-Interest Findings
The trial court did not make sufficient findings under each of the best-interest factors, the Michigan COA remanded the case so the trial judge could make “explicit” findings.
Trial Court ‘Prematurely’ Ordered Retroactive Modification Of Child Support
The trial court should have completed an evidentiary hearing before ordering a retroactive modification of the plaintiff’s child-support obligation, the Michigan Court of Appeals has ruled.
Trial Court Wrongly Imputed Overtime Income When Modifying Child Support
In this child-support modification case, the trial court erroneously imputed potential overtime income to the father based on overtime work that he had declined.
Motion To Designate Child’s School Improperly Treated As Custody Motion
A trial court erroneously treated a father’s motion to designate a school for his child as a motion for change of physical custody.
Depreciation as Income for Child Support and a Further Clarification on Attorney's Fees
The Court of Appeals released a lengthy published opinion in Riemer v Johnson, that addressed many issues including custody, parenting time, child support, and attorney's fees.