‘Domicile Provision’ Invalid, Best Interests Of Children Must Be Considered
The Michigan COA ruled, in this custody case, the trial court correctly invalidated the "domicile provision" in the parties' consent judgment of divorce and found that the best interests of the children must be considered before letting the defendant move out-of-state.
Appeals Court: Evidence Did Not Support Dad Moving To Texas With Children
Trial court erroneously granted a father’s motion to move to TX with children because, there was insufficient evidence the children’s lives would be improved by relocating.
Evidentiary Hearing Required On Mom’s Motion To Modify Custody
The trial court failed to conduct an evidentiary hearing to determine whether she had established the required proper cause or change in circumstances.
Trial Court Wrongly Denied Motion To Set Aside Divorce Judgment
The trial court should not have denied the defendant’s motion to set aside the parties’ divorce judgment based on alleged fraud.
COA: “Commitment Ceremony” Does Not Terminate Spousal Support Obligation
An ex-husband who was ordered to pay spousal support could not have the support terminated after the ex-wife entered into a “commitment ceremony” with another man.
Divorce Judgment Replete With Errors Must Be Vacated, Remanded For Proper Analysis
In this divorce action, the Michigan Court of Appeals ruled the trial court erred in its award of spousal support and attorney fees to the plaintiff ex-wife.
COA: Parenting Time, Right Of First Refusal Were Not Modifiable
A trial court correctly denied a father’s request to 1) change the parenting time schedule and 2) remove a right-of-first-refusal provision from the parties’ divorce judgment.
Divorce Appeal Impacts Enforceability of Judgments for Noncontractual Money Obligations
In O’Leary, the parties’ JOD required the marital home to be sold and “the indebtedness or profit shall be shared equally.” The husband finally sold the home 6 years later for a loss.
Spousal Support is Modifiable Beyond the Term Set by the Trial Court in the Parties’ Judgment of Divorce
The COA addressed an issue debated among family law attorneys: whether a party could seek to modify and extend an award of spousal support set by a trial court in the parties’ judgment of divorce.
Due Process for Enforcing Charging Liens Recorded in Divorce Judgments Does Not Require a Complaint to be Filed, Summons to be Obtained, or Process to be Served
At the end of last year, the COA, clarified the amount of due process required when an attorney seeks enforcement of charging liens secured by a divorce judgment signed by the client debtor.