MICHIGAN COURT OF APPEALS DECISIONS

PUBLISHED AND UNPUBLISHED SEE: http://courts.mi.gov/courts/coa/opinions/pages/zipfiles.aspx

Riemer v. Johnson, published per curiam, released August 18, 2015. (Docket No. 321057).

An order which gradually increases parenting time over a three-year period does not require proof of change in circumstances for each increase, as these changes are contemplated under the original order. Note: the trial court entered an order in this case like those discussed in the September 2015 (Volume 30 No. 3) edition of the Pundit that adjusted support to take into account future contingencies.

Rogers v. Wcisel, published per curiam, released August 25, 2015. (Docket No. 318395).

In a Revocation of Paternity Act case, the defendant's belief that he was the biological father at the time of signing the acknowledgement of parentage as well as unchallenged DNA evidence is sufficient to establish a mistake of fact.

 Varran v. Granneman, published, released October 13, 2015. (Docket No. 321866, 322437).

Where a parent has legal custody of the child, an order regarding grandparenting time is a postjudgment order affecting the custody of a minor and is appealable by right.

Teran v. Ritley, published per curiam, released November 17, 2015. (Docket No. 322016). Although the mother, child, and father all currently reside outside the state of Michigan, the court may properly hear the case because the statutory requirements for where to file the paternity case are not jurisdictional but rather relate to venue.

LaCourse v. LaCourse, unpublished per curiam, released August 20, 2015. (Docket No. 322517).

Trial court does not abuse its discretion in awarding weekday overnight parenting time when the parties live in the same neighborhood and there is no specific evidence that weekday overnights would be disruptive to the children.

Zalewski v. Garrison, unpublished per curiam, released August 20, 2015. (Docket No. 324809).

After the party with primary physical custody moves and the other parent's attempt to stop the parent from enrolling the children in a school near the new primary residence, the trial court’s refusal to allow new enrollment is error as the children’s best interests are not served by continuing to enroll the students in a school 14 miles from the father and 28 miles from the mother.

Kirby v. Holland, unpublished per curiam, released September 15, 2015. (Docket No. 326118). Both parties knowledge that a party is not the father at time of signing an Affidavit of Paternity does not amount to fraud, and it was proper to deny the petition for revocation of paternity.

Ketchmark v. Hayman, unpublished per curiam, released September 15, 2015. (Docket No. 321201).

Out-of-network confinement expenses may be awarded if they are reasonable and necessary.

Brady v. Brady, unpublished per curiam, released September 22, 2015. (Docket No. 326396). Plaintiff’s alcohol abuse while on anti-epileptic medication resulting in emergency medical care is a proper change of circumstances to revisit and change physical and legal custody.

Johnson v. Marsh and Young, unpublished, released October 1, 2015. (Docket No. 322037). In a revocation of paternity case, it is proper to set aside an earlier order revoking an affidavit of parentage when the court failed to consider the child’s best interests. 

Kraus v. Gerou, unpublished per curiam, released October 6, 2015. (Docket Nos. 326397, 327149).

When the parties initiate divorce and custody proceedings in Michigan but subsequently depart for other states and the child’s new home-state determines that Michigan is the more appropriate forum for the initial determination and modifications of custody, Michigan may exercise exclusive continuing jurisdiction over the contest as the more convenient forum for litigation under the UCCJEA.

Bolz v. Bolz, unpublished per curiam, released October 13, 2015. (Docket No. 321870).

Where the divorce order explicitly grants plaintiff sole legal and physical custody, MCL 722.31(4) factors do not apply. 

London v. London, unpublished per curiam, released October 13, 2015. (Docket No. 325710). Trial court erred in deciding a motion to change school districts by failing to consider the reasonable preferences of the 7-year-old children affected.

Kiesling v. Johnston, unpublished per curiam, released October 22, 2015. (Docket No. 326294). Where child’s mother represents to defendant that she will take his name off the birth certificate after receiving the results of a DNA test the mother requested, the mother has made a false or misleading representation sufficient to grant defendant a filing extension under the Revocation of Paternity Act.

Baxter v. Baxter, unpublished per curiam, released October 13, 2015. (Docket No. 327195). In determining appellant’s income, although a company car, mobile phone, and retirement account are properly considered part of appellant’s income, trial court erred by not making specific findings as to the worth of these items.

Vessels v. Vessels, unpublished per curiam, released October 22, 2015. (Docket No. 322122). Where the plaintiff-grandparents fail to show that the child’s parents’ decision to deny grandparenting time will create a substantial risk of harm to the child’s mental, physical, or emotional health, the court should deny the complaint and not consider grandparenting time  even if the child’s parent has defaulted.

Hinsberg v. Hinsberg, unpublished per curiam, released October 27, 2015. (Docket Nos. 324046, 325807, 324455). Where a parent with joint custody seeks a change of domicile, an increased salary and continuation of the current marital relationship has the potential to improve the life of the children as the extra time saved from working a second job can be used to parent the children and potentially improve the academic performance and reduce stress from the current environment.

Coston v. Coston, unpublished per curiam, released November 10, 2015. (Docket No. 327395). In the aftermath of the mother’s false claims that the father kidnapped the child, the trial court's order suspending the mother’s parenting time and legal custody until she completes a psychological examination is not error despite trial court’s failure to explicitly find a change in circumstances as her dangerous behavior clearly establishes such circumstances.

Petty v. Arnold, unpublished per curiam, released November 10, 2015. (Docket No. 327507). The court correctly determined that an altercation between father and child was sufficient to constitute a change in circumstances to support a motion for a change of custody.

Shively v. Willard, unpublished per curiam, released November 17, 2015. (Docket No. 327247). Where child has an established custodial environment with a third party and there is clear and convincing evidence that the best interests of the child is served by placing the child with the third party, the trial court does not err by placing the child with the third party .

Michigan IV-D Memorandum (Office of Child Support)

2015-021 (Aug. 8, 2015) Self-Assessment (SASS) Audit – Establishment of Paternity and Support Order (Establishment) Program Compliance Criterion Corrective Action Plan (CAP)

This IV-D Memorandum provides information related to the fiscal year (FY) 2014 SASS audit and findings and local office CAPs from FY 2013.

2015-022 (Sept. 28, 2015) Updates to Policy Regarding National Medical Support Notice (NMSN) Terminations and Revisions to the Notice of Rescission/Termination of Health Care Coverage (FEN308)

This IV-D Memorandum introduces policy changes to NMSN terminations and form revisions regarding the FEN308. These changes will be effective with the Michigan Child Support Enforcement System (MiCSES) 8.12.4 Release (October 5, 2015).

2015-023 (Sept. 25, 2015) Introducing the MiChildSupport Calculator and Necessary Preparation in Support Determination Processes

This IV-D Memorandum provides advance notice of upcoming changes that will affect the support determination processes (order establishment, court-referred support investigations, and review and modification) in PA and FOC offices.

2015-024 (Sept. 29, 2015) Updates to Federal Expiration Date and Service of Process (SOP) Policy

This IV-D Memorandum announces policy updates and clarifications related to the Federal Expiration Date and service of process (SOP) as well as future enhancements to the Michigan Child Support Enforcement System (MiCSES).

2015-025 (Oct. 15, 2015) Implementation of the Federal Case Registry (FCR) Misidentified Participant Application on the State Services Portal (SSP)

This IV-D Memorandum introduces policy regarding the FCR Misidentified Participant application, which was implemented on the SSP (also known as the Child Support Portal) on March 23, 2015.

2015-026 (Oct. 15, 2015) Reporting the 15 Percent Medical Support Incentive As Program Income on Cooperative Reimbursement Program (CRP) Billing Statements (DHS-286 Forms Submitted Through EGrAMS)

This IV-D Memorandum explains how IV-D staff must report the 15 percent Medical Support Incentive on monthly Cooperative Reimbursement Program (CRP) billing statements (DHS-286 forms submitted through EGrAMS).

2015-027 (Nov. 9, 2015) Updates to Support Order Determination Policy Accompanying the Introduction of the MiChildSupport Calculator and the Calculation Results (CALCRSLT) Template

This IV-D Memorandum explains updates to policy and procedures regarding support determination processes (order establishment, court-referred support investigations, and review and modification) in PA and FOC offices.

2015-028 (Nov. 9, 2015) Electronic Employment/Income Termination Reports, Michigan Child Support Program Employer Job Aid (MiCSPEJA), and OCS Central Operations Email Address Changes

This IV-D Memorandum announces revised policy regarding employment/income termination information. It also announces case member address and employment/income information that will become available in the Michigan Child Support Enforcement System (MiCSES) as of the MiCSES 8.13 Release (November 13, 2015).

2015-029 (Dec. 4, 2015) Cooperative Reimbursement Program (CRP) Agreements, Line Item Transfers, and Amendments

This IV-D Memorandum updates the procedures for CRP applications and agreements, line item transfers, and amendments.