MICHIGAN COURT OF APPEALS DECISIONS

Published and unpublished see: http://courts.mi.gov/courts/coa/opinions/pages/zipfiles.aspx.

Falconer v. Stamps and Weddington, published per curiam, released December 22, 2015. (Docket No. 323392). When a child has an established custodial environment with a grandparent and the court awards sole physical and legal custody to the child’s natural parent, the court may not consider grandparenting time sua sponte because a request for grandparenting time must be brought as a separate motion.

Zelasco v. Zelasco, unpublished per curiam, released December 8, 2015. (Docket No. 324514).

When the parties to a divorce have agreed to an arbitrator and that arbitrator dies, the Domestic Relations Arbitration Act does not permit appointing a new arbitrator without the parties consent, and any interim awards by the now-deceased arbitrator intended to be conclusive on an issue are not vacated.

Van v. Van, unpublished per curiam, released December 8, 2015. (Docket No. 323294).

Plaintiff established residence in Michigan where despite Plaintiff’s living out of state for four months, Plaintiff initially intended to stay in Michigan, plaintiff returned to Michigan, and defendant caused plaintiff to leave Michigan.

Reis v. Koss, unpublished per curiam, released December 10, 2015. (Docket No. 326850).

Decreasing parenting time from 182 days to 77 days does not defeat a motion for change of domicile because the test is not what is best but rather what presents a realistic opportunity to pursue and foster the parental relationship.

McNutt v. McNutt, unpublished per curiam, released December 15, 2015. (Docket No. 328214).

The mother’s persistent manipulative behavior causing the children in-patient psychiatric care is a proper consideration under MCL 722.23(l) (other factors) to support order changing  custody to father with limited supervised visitation to mother.

Kolailat v. McKennett, unpublished per curiam, released December 17, 2015. (Docket No. 328333). Same-sex plaintiff may not seek equitable parent status of her partner’s biological child when she never adopted the child and she and her partner were not married.

Guggilla v. Polu, unpublished per curiam, released December 22, 2015. (Docket No. 328318).

Where defendant presents a Green Card to the court and has not demonstrated that her English skills are so poor as to prevent her from obtaining work, the trial court did not err in considering her lack of employment, or lack of searching for employment, in imputing a yearly income of $25,000 for purposes of child support.

Roller v. Roller, unpublished per curiam, released January 14, 2016. (Docket No. 324130).

A finding of criminal contempt requires an unequivocal and clear violation of a specific provision of the order, and the general grant of joint custody is insufficient to constitute an unequivocal or clear order requiring the parties to agree on decisions relating to religious issues, such as the child’s baptism.

Kleinjan v. Carlton, unpublished per curiam, released January 19, 2016. (Docket No. 328772).

After custody/parenting time mediation agreement is signed at the end of the mediation, parties cannot disavow the agreement by refusing to sign the proposed court order.

Harper v. Combs, unpublished per curiam, released January 21, 2016. (Docket No. 328093).

Where the trial court does not indicate the grounds for finding a change in circumstances, the trial court errs by modifying the custody order and further errs by not determining whether a change in schools, and resulting change in parenting time, would alter the child’s established custodial environment.

Solomon v. Smith, unpublished per curiam, released February 9, 2016. (Docket No. 327979).

After child suffers injuries while in defendant’s care, collateral estoppel does not preclude the court from ordering an interim change of custody motion after a child protective proceeding did not result in a termination of defendant’s parental rights.

Michigan IV-D Memorandum (Office of Child Support)

2016-001 (Jan. 4, 2016) Michigan’s Adoption of the Uniform Interstate Family Support Act (UIFSA) 2008

This IV-D Memorandum announces changes to intergovernmental case processing due to the passage of UIFSA 2008, as required by the Preventing Sex Trafficking and Strengthening Families Act (Public Law 113-183). Michigan’s UIFSA 2008 is a comprehensive revision to UIFSA 1996. It provides the framework for intergovernmental paternity and support establishment, and enforcement and modification of child support obligations.

2016-002 (Jan. 12, 2016) Central Paternity Registry and Birth Registry System (CPR/BRS) User Monitoring Requirement

This IV-D Memorandum introduces a new requirement for IV-D offices to semiannually report their CPR/BRS users’ status to OCS by using a new report implemented in the Electronic Grants Administration & Management System (EGrAMS). This requirement will take effect in January 2016.

2016-003 (Feb. 26, 2016) Actions for Meeting Federal Requirements in the IV-D Application Process and Clarifications of Policy Regarding IV-D Services in Domestic Relations Cases

This IV-D Memorandum discusses actions for meeting federal requirements in the IV-D application process, including changes to the IV-D application process for customers who are parties on privately filed domestic relations cases. It also announces revisions and clarifications to policy regarding IV-D services in domestic relations cases.

2016-004 (Feb. 5, 2016) Expansion of the Data Warehouse (DW) View for Health Support and Family Services (HSFS) Staff and Updates to Sections 4.25, “Birth Expenses” and 6.06, “Medical Support” of the Michigan IV-D Child Support Manual

This IV-D Memorandum announces the expansion of the Michigan Department of Health and Human Services (MDHHS) HSFS Data Warehouse (DW) view and updates to Sections 4.25, “Birth Expenses” and 6.06, “Medical Support” of the Michigan IV-D Child Support Manual. On February 10, 2016, DW staff will expand the HSFS DW view to include medical support obligation and insurance coverage data for IV-D cases of current or former Medicaid recipients whom MDHHS referred to MiCSES.

2016-005 (Mar. 8, 2016) Self-Assessment (SASS) Audit: Progress Report on Service of Process (SOP)

Michigan did not meet the federal benchmark for the Establishment criterion in the Self-Assessment (SASS) audit for fiscal years (FYs) 2013 and 2014, and as a result, OCS implemented a corrective action plan per federal requirements. However, despite Michigan’s corrective actions, Michigan is at risk for not meeting the federal benchmark for the Establishment criterion in FY 2015 and FY 2016. OCS recommends that PA offices assess their local office business practices for potential changes that will improve Michigan’s performance for the Establishment criterion.

2016-006 (Feb. 29, 2016) Updates to the Federal Tax Refund Offset (FTRO) Fraud Process and to Section 6.21, “Tax Refund Offset,” of the Michigan IV-D Child Support Manual

This IV-D Memorandum introduces revised policy surrounding the FTRO fraud process. Several manual steps in this process will be automated with the Michigan Child Support Enforcement System (MiCSES) 9.0 Release (March 4, 2016).

2016-007 (Feb. 29, 2016) Updates to the Generation of the Federal Expiration Date in the Michigan Child Support Enforcement System (MiCSES)

This IV-D Memorandum announces upcoming changes that will affect how MiCSES populates the Federal Expiration Date.

2016-008 (Feb. 29, 2016) Implementation of the Online Child Support Response Form (e842) and Revision to Cooperation Timeframes

This IV-D Memorandum announces the statewide implementation of the Online Child Support Response form (e842). The e842 will be available on March 4, 2016 with the Michigan Child Support Enforcement System (MiCSES) 9.0 Release.