Katherine Gleason v. Gregory Gleason, (Unpublished, #286639), 12/15/09
Domestic Relations ReviewThe parties were divorced in 1983. The trial court's register of actions listed several orders against Defendant for income withholding dating from 1986, and several show cause or contempt proceedings. Bench warrants for nonpayment of child support were issued against him in 1992, 1995, and 1997. Plaintiff reported Defendant stopped paying child support entirely in 1996. Defendant claimed he suffered a severe work related injury in 1997, rendering him disabled and unable to pay child support; however, Defendant never filed a motion to terminate support obligations, and a substantial arrearage accumulated.
By 2005, the Defendant had an arrearage balance of $66,612.57. The Friend of the Court (FOC) sent a letter offering an amnesty agreement where Defendant’s case would be "considered paid in full and closed" in exchange for his timely payment of $482.25. Defendant paid $482.25 and the FOC closed his case.
The Plaintiff objected to the FOC closing the child support case when she learned the Defendant was receiving Social Security disability payments. A referee hearing was scheduled on February 14, 2006, which the Plaintiff attended but Defendant did not. Following the hearing, the Circuit Court issued an order and declared the child support case would remain open for collection of arrearages, and the amount owing on March 12, 2005 was reinstated.
The FOC issued an order of reinstatement on November 14, 2006. Defendant objected, and claimed the amnesty payment closed the case and all arrearages were eliminated. The Defendant admitted that the FOC mistakenly treated his arrearages as canceled, but wanted the benefit of the mistake. The trial court concluded there may have been an administrative error, but it did not change the fact Defendant owed the money and reopened the case. The trial court noted the money was not owed to the FOC, but to the Plaintiff.
Additionally, the statute authorizing the one-time arrearage amnesty does not provide for cancellation of any actual arrearages, but provides for amnesty by waiving all criminal and civil penalties for the payer's failure or refusal to pay past due child support. MCL 400.233b(1). The Michigan Court of Appeals stated that no mistake on the part of the FOC can broaden that agency's authority under the statute.
The Court of Appeals affirmed the trial court’s findings and found that the Plaintiff, as the prevailing party, may tax costs pursuant to MCR 7.219.
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