Domestic Relations Review
A MARRIED WOMAN WHO CONSENTS TO THE ENTRY OF A CUSTODY ORDER WITH A CHILD’S NATURAL FATHER, WAIVES THE IMPEDIMENTS OF THE FATHER’S STANDING UNDER GIRARD V. WANGENMAKER IN SUBSEQUENT MOTIONS TO MODIFY CUSTODY
Kaiser v. Schreiber (for publication #244428) September 9, 2003PROVISIONS OF THE PATERNITY ACT WHICH ALLOCATE CONFINEMENT EXPENSE SOLELY TO THE CHILD’S FATHER ARE NOT VIOLATIVE OF THE EQUAL PROTECTION CLAUSE OF THE U.S. OR MICHIGAN CONSTITUTIONS
Rose v. Stokley (Stokley 3) (Published #241029) August 28, 2003FAILURE TO PROVIDE NOTICE TO INCAPACITATED INDIVIDUAL DOES NOT INVALIDATE ORDER GRANTING PETITIONER’S MOTION TO CHANGE WARD’S DOMICILE. DEFECTS IN NOTICE TO THE WARD MAY ONLY BE RAISED BY THE WARD
Albery v. Schultz (unpublished #239743) August 26, 2003COURT MAY CONSIDER REGULARLY RECEIVED GIFTS AND TRUST PAYMENTS IN SETTING CHILD AND SPOUSAL SUPPORT
Polasek-Savage v. Savage (Unpublished #239891) August 21, 2003CHANGE OF CUSTODY PETITIONS MUST BE BASED ON A CHANGE OF CIRCUMSTANCE THAT OCCURRED SINCE THE PRIOR COURT ORDER DETERMINING CUSTODY WAS ENTERED
McNett v. Gibson (Unpublished 245710) August 19, 2003
THE JUDGMENT OF DIVORCE CONTAINED A MUTUAL MISTAKE RESULTING IN IRS TAX TREATMENT NOT CONTEMPLATED BY THE PARTIES WHICH CAUSED A WINDFALL TO THE PLAINTIFFTop of Page
Elizabeth Eldridge v. William Eldridge, Michigan Court of Appeals, May 20, 2003WHERE A NON MODIFIABLE SUPPORT AGREEMENT ENTERED PURSUANT TO MCL 722.713 WAS MODIFIED AFTER THE STATUTE WAS DETERMINED TO BE UNCONSTITUTIONAL, THE AGREEMENT SHOULD BE ENFORCED WITHOUT MODIFICATION UPON THE COURT'S DETERMINATION THAT THE STATUTE WAS NOT UNCONSTITUTIONAL
Linda Hall v. Michael Novik, Michigan Court of Appeals, April 29, 2003, For PublicationA GUARDIAN MAY FILE FOR DIVORCE ON BEHALF OF AN INCOMPETENT SPOUSE
Houghton et. al. v. Keller, Michigan Court of Appeals, April 22, 2003, For PublicationTHE TRIAL COURT DID NOT ERR IN DISTRIBUTING CREDIT CARD DEBT WHERE THE PLAINTIFF SPECIFICALLY AGREED TO THE DISTRIBUTION. THE TRIAL COURT DID ERR IN FAILING TO DETERMINE WHETHER THE HOUSES WERE MARITAL PROPERTY AND IN DIVIDING INEQUITABLY THE RETIREMENT BENEFITS
Amy Jo Becky v. David Becky, Michigan Court of Appeals, April 17, 2003FOR PURPOSES OF CALCULATING SPOUSAL SUPPORT, THE COURT MUST CONSIDER THE LENGTH OF THE MARRIAGE, RATHER THAN THE LENGTH OF THE RELATIONSHIP
Shirley Korth v. Allen Korth, Michigan Court of Appeals, April 15, 2003, For PublicationTHE TRIAL COURT DID NOT ERR IN DETERMINING ALIMONY, LIABILITY FOR DEBTS, AND COMPENSATION FOR PLAINTIFF HUSBAND'S INVESTMENT IN HIS LAW FIRM WHERE THE COURT CONSIDERED ALL FACTORS RELEVANT TO ALIMONY, WHERE THE DEBTS WERE INCURRED FOR THE CHILDREN'S EDUCATION, AND WHERE PLAINTIFF'S CAPITAL CONTRIBUTION HAD NO ASCERTAINABLE MARKET VALUE
Robert Schwartz v. Pamela Schwartz, Michigan Court of Appeals, March 20, 2003
THE ESTABLISHED CUSTODIAL ENVIRONMENT WITH THE MOTHER WAS EXTINGUISHED AFTER THE CHILDREN MOVED TO THEIR FATHER'S HOME. THE TRIAL COURT THEREFORE HAD AUTHORITY TO REVISIT THE CHILD CUSTODY DETERMINATION
Tina Spilski v. Brian Novak, Michigan Court of Appeals, March 20, 2003LIMITS EXIST ON A MICHIGAN COURT EXERCISING JURISDICTION TO DECIDE CHILD CUSTODY ISSUES WHERE A FOREIGN COURT HAS MAINTAINED CONTINUING JURISDICTION OVER THOSE MATTERS
Atchison v. Atchison (For Publication #243503)PRE-MARITAL INHERITED PROPERTY HELD IN A DIVIDEND REINVESTMENT PLAN IS A PASSIVE INVESTMENT WHICH IS THE SOLE PROPERTY OF THE DEVISEE OF THAT PROPERTY
Quinn v. Quinn (Unpublished #238470)AGREED UPON POST MAJORITY SUPPORT MAY PROVIDE A BASIS FOR DEVIATION FROM CHILD SUPPORT FORMULA
Fant v. Fant (Unpublished #238452)A COURT ORDERED AWARD OF SPOUSAL SUPPORT CONTINUES TO BE MODIFIABLE ON NEW FACTS OR CHANGED CIRCUMSTANCES. AN ATTORNEY FEE AWARD AND A SPOUSAL SUPPORT AWARD MUST BE ADEQUATE TO PREVENT A PARTY FROM CONSUMING ASSETS NECESSARY FOR SUPPORT
Gates v. Gates (For Publication #236158)
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