MICHIGAN COURT OF APPEALS DECISIONS
PUBLISHED AND UNPUBLISHED SEE: http://courts.mi.gov/courts/coa/opinions/pages/zipfiles.aspx
Moir v. Moir, unpublished per curiam, released February 11, 2016. (Docket No. 323725). In a case in which both plaintiff and defendant regularly mixed personal and business finances, the trial court did not err in imputing income to plaintiff who was self-employed and appeared to underreport income significantly below that of his employees.
Shimel v. McKinley, unpublished per curiam, released February 23, 2016. (Docket No. 329144). Where the trial court’s order changing the child’s school district alters the joint-custodian’s parenting time from every other week to alternating weekends, the trial court’s decision results in a change in the child’s custodial environment requiring the moving party to prove by clear and convincing evidence that the change was in the child’s best interests.
Jones v. Peake, unpublished opinion of the court of appeals, released March 10, 2016. (Docket No. 328566). A paternity proceeding in which custody or parenting time is not an issue is not a child custody proceeding for purposes of applying the UCCJEA.
Richardson v. Kennedy, unpublished per curiam, released March 10, 2016. (Docket No. 327771). In a child custody dispute, the trial court did not err in considering and expressing concern regarding the defendant’s reckless behavior with her gun collection.
Kayko v. Govitz, unpublished per curiam, released March 15, 2016. (Docket No. 328939). In a divorce action, trial court does not err in awarding joint legal custody with primary physical custody to father where there is evidence that mother abuses alcohol while the child is in her care and is currently on probation for a domestic violence charge in which the father and the child are named as the victims, even though father had a previous domestic violence charge.
Ellis v. Domalik, unpublished opinion of the court of appeals, released March 24, 2016. (Docket Nos. 324298, 324299). When entering a stipulated zero order for child support, the trial court must still satisfy the requirements explaining the reasons for deviation as required by statute.
Kivari v. Kivari, unpublished opinion of the court of appeals, released April 12, 2016. (Docket No. 328951). On its face, the equitable parent doctrine adopted in Atkinson v. Atkinson, 160 Mich App 601, 608-09 (1987) applies only to the husband of a marriage at divorce, and does not apply to the wife of a marriage where a child is the product of an affair between the husband and a third party and all parties acknowledge that the wife functioned as the child’s “stepmother” rather than the child’s “mother.”
Gorindarajulu v. Sundararajan, unpublished opinion of the court of appeals, released April 12, 2016. (Docket No. 325822). Trial court has jurisdiction to issue default divorce despite defendant being absent from the state during the majority of the residency period preceding defendant’s counterclaim for divorce when defendant’s absence was due to plaintiff’s actions of taking the parties’ son, locking defendant out of the marital home, emptying their joint bank accounts, and threatening and harassing her via e-mail.
Eibschitz-Tsimhoni v. Tsimhoni, unpublished opinion of the court of appeals, released April 14, 2016 (Docket No. 329406). The trial court’s ex parte order affecting custody is improper when that order does not specifically address, and plaintiff has pleaded no facts indicating, a change of circumstances since the entry of the last order .
Manley v. Manley, unpublished opinion of the court of appeals, released April 19, 2016. (Docket Nos. 329754, 329760). The trial court errs by requiring parties to bring an issue of change of custody before the parenting time coordinator where the parenting coordinator order only provides that the coordinator may issue recommendations regarding Wednesday parenting time, the selection of the children’s mental health professional, and matters the parties agree to submit to the coordinator.
Jenks v. Abraham, unpublished opinion of the court of appeals, released April 21, 2016. (Docket No. 329894). In approving a referee recommendation, the court is not required to make independent findings concerning the child’s best interests so long as the record indicates that the referee considered the child’s best interests.
Brown v. Brown, unpublished opinion of the court of appeals, released April 26, 2016. (Docket No. 326058). Plaintiff’s contempt motion claiming defendant failed to report a new source of income is made in bad faith when plaintiff knows the defendant had reported her new source of income and mischaracterizes an increase in income as a new source of income.
Deboer v. Strickland, unpublished opinion of the court of appeals, released April 28, 2016. (Docket No. 329765). The trial court errs by denying defendant parenting time without utilizing the factors in MCL 722.27(a)(6) to articulate why denying parenting time is in the child’s best interests, where the trial court relies on the erroneous conclusion that defendant has been unsuccessfully discharged from a supervised parenting time program.
Fogg v. Bauer, unpublished opinion of the court of appeals, released May 12, 2016. (Docket No. 325403). Gifts from defendant’s parents to defendant covering her expenses, as well as the parties’ dividends from stock, may be considered in determining her income for purposes of determining child support.
Jonet v. Autio, unpublished opinion of the court of appeals, released May 17, 2016. (Docket No. 326332). Trial court did not err in dismissing plaintiff’s action against married defendants, requesting paternity determination of defendants’ child Where Plaintiff had no standing under RPA because the trial court factually determined that he was aware that the defendant mother was married to the defendant husband (and presumed father) at the time of minor child’s conception.
Pace v. Bednorek, unpublished opinion of the court of appeals, released May 17, 2016. (Docket No. 330341). Even if parents came to mutual agreement on custody, the moving party must still show proper cause/change in circumstances to warrant change in custody.
Pauly v. Helton, unpublished opinion of the court of appeals, released May 17, 2016. (Docket No. 330805). In a custody determination, failure to consider each statutory factor, analyze and connect the evidence relevant to the factors, and state the party that the factor favors does not create a record available for review and is improper.
Delong v. Delong, unpublished opinion of the court of appeals, released May 24, 2016. (Docket No. 329261). Father’s elevated involvement in minor child’s life shortly before the parent’s separation did not rise to the level sufficient to create an established custodial environment.
Enos v. Haag, unpublished opinion of the court of appeals, released May 24, 2016. (Docket No. 330788). Drastic changes in a child’s behavior at school and daycare and development of oppositional defiant disorder following the initiation of acustody order can meet the standard for a “change in circumstances” and warrant a modification of a custody order.
Hess v. Hess, unpublished opinion of the court of appeals, released May 26, 2016. (Docket No. 328924). Testimony by a psychologist that one of the parents is the primary caregiver for the child does not preclude the existence of an established custodial environment with the other parent. Failure by trial court to explicitly address the parenting time factors did not amount to clear error when parenting modification was calculated in the child’s best interests.
Burnett v. Ahola, unpublished opinion of the court of appeals, released May 26, 2016. (Docket No. 330311). Mother’s statements to alleged father that she was in the process of getting a divorce, and later was divorced, satisfied the requirement that the alleged father reasonably believed the mother to be unwed at the time of conception. Acknowledgment of paternity of an alleged father by the mother and presumed father may be established by correspondence concerning the paternity of the child.
Horgan v. Brown, unpublished opinion of the court of appeals, released May 26, 2016. (Docket No. 331047). Proper cause exists to reexamine parenting time when a parent moves closer to his/her children, and does not have to meet the higher burden for proper cause or change in circumstances under a change in the custodial environment standard.
Michigan IV-D Memorandum (Office of Child Support)
2016-016 (June 10, 2016) Michigan Child Support Enforcement System (MiCSES)/Bridges Data-Match Issues
This IV-D Memorandum discusses data-match issues that IV-D staff and Bridges users have identified with the MiCSES/Bridges interface. These issues have caused incorrect assignment records on the MiCSES Member Assistance History (MAHI) screen for IV-D case members.
2016-015 (May 27, 2016) Member Address Verification, Department of Natural Resources (DNR) Information Matching, and Agency Placement/Unlicensed Provider Addresses
This IV-D Memorandum explains updates to Section 3.15, “Addresses,” of the Michigan IV-D Child Support Manual and discusses: Enhancements to the transmission of custodial party (CP) and noncustodial parent (NCP) addresses from the Michigan Child Support Enforcement System (MiCSES) to the Federal Case Registry (FCR) for verifications through the National Change of Address (NCOA) repository; Changes to policy and procedures regarding the submission of manual postal verifications to the United States Postal Service (USPS); and Changes to policy and procedures for the matching of MiCSES case members to address and license information received from the DNR. These changes will be implemented with the MiCSES 9.1 Release on June 3, 2016.
2016-014 (May 31, 2016) Credit Reporting Pilot Project
This IV-D Memorandum announces an OCS Central Operations Credit Reporting pilot project with Wayne County and Muskegon County FOC offices. The purpose of the pilot is to evaluate the effectiveness of centralizing certain credit reporting activities and to determine whether OCS should offer this centralization option statewide.
2016-013 (May 31, 2016) Remote Access for County IV-D Offices
In 2015, OCS and the Department of Technology, Management & Budget (DTMB) held a remote access pilot program for designated county IV-D offices. With the pilot successfully completed, OCS is making remote access to the Michigan Child Support Enforcement System (MiCSES) and other IV-D information systems available to all county IV-D offices.
2016-012 (May 26, 2016) The Genetic Parentage Act – Interim Procedures for Processing Requests for Voluntary Genetic Testing
The Genetic Parentage Act (GPA) took effect in March 2015.1 It permits parents on a IV-D case to voluntarily obtain genetic testing (GT) and, if those tests indicate paternity, to establish paternity for a child by IV-D staff filing documents with the Division of Vital Records and Health Statistics. However, voluntary GT cannot be used if paternity has been previously established or if adoption proceedings are ongoing. If paternity has been previously established, the GPA cannot be used to disestablish paternity or to establish new paternity.
2016-011 (May 27, 2016) Updates to Section 4.20, “Support Recommendations and Order Entry,” of the Michigan IV-D Child Support Manual, and Changes to the MiChildSupport Calculator and the Calculation Results (CALCRSLT) Template
This IV-D Memorandum introduces updates to policy in Section 4.20, “Support Recommendations and Order Entry,” of the Michigan IV-D Child Support Manual. It also announces changes to the MiChildSupport Calculator and the Calculation Results (CALCRSLT) template, which were introduced to Michigan Child Support Enforcement System (MiCSES) users in November 2015. These changes will be effective with the MiCSES 9.1 Release (June 3, 2016).
2016-010 (May 16, 2016) Updates to the Michigan IV-D Child Support Manual related to Child Welfare Referrals From the Michigan Statewide Automated Child Welfare Information System (MiSACWIS)
This IV-D Memorandum announces changes in child support policy related to child welfare agency placements (“foster care”) and the Michigan Child Support Enforcement System (MiCSES)/MiSACWIS two-way interface that will be implemented on June 17, 2016.
2016-009 (April 8, 2016) Updates to Reporting the 15 Percent Medical Support Incentive as
Program Income
This IV-D Memorandum explains how OCS will report the 15 percent Medical Support Incentive as program income. It also discusses: The counties’ use of the funds as a federal match; and whether the funds should be reported on the county Schedule of Expenditures of Federal Awards (SEFA).
