Domestic Relations Review

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December

FAILURE TO COMPLY WITH AGREEMENT FOR SALE OF REAL PROPERTY IN DIVORCE JUDGMENT IS WITHIN "DOMESTIC RELATIONS EXCEPTION" TO FEDERAL JURISDICTION
     McLaughlin v. Cotner, Electronic citation: 1999 FED App. 0350P (6th Cir.) (No Date Given)

November

October

COURT MAY NOT DEVIATE FROM CHILD SUPPORT GUIDELINES WITHOUT SPECIFIC FINDINGS ON RECORD
     Younessi v. Younessi, UNPUBLISHED, (Court Of Appeals No. 209552, October 22, 1999)

September

THIRD PARTIES WITHOUT STANDING MAY BE GRANTED PARENTING TIME BASED ON BEST INTERESTS IF A CHILD CUSTODY DISPUTE EXISTS
     Terry v. Affum, ___Mich App___(1999),  #210862, #213582, 9-17-99

August

July

EQUITABLE PARENT AND EQUITABLE ESTOPPEL DOCTRINES LIMITED TO MARRIAGE
     Van v Zahorik, ___Mich___(1999),  # 111254, 7- 7-99

June

May

A COURT MAY TERMINATE PARENTAL RIGHTS IF A LEAST ONE OF THE STATUTORY BASES FOR TERMINATION IS SUPPORTED BY THE RECORD  BY CLEAR AND CONVINCING EVIDENCE
     In re Sours Minors,__Mich__(1999), No. 1113069 (May 25, 1999)

April

TRIAL COURT CANNOT USE AN ADMINSTRATIVE POLICY IN A CUSTODY MODIFICATION HEARING TO ATTEMPT TO PROMULGATE A LOCAL COURT RULE NOT APPROVED BY THE SUPREME COURT
     Schlender v. Schlender,__Mich App__(1999), No. 208285 (April 9, 1999)

TRIAL COURT HAS THE AUTHORITY TO AWARD INTEREST ON UNPAID SUPPORT AS PART OF RESTITUTION PURSUANT TO THE CRIME VICTIM'S RIGHTS ACT, MCL 780.751; MSA 28.1287 (751)
     People v. Law,__Mich__(1999), No. 109763 (April 8, 1999)

March

JUVENILE COURT CAN REMOVE A CHILD FROM AN "EXTENDED HOME VISIT" AS LONG AS IT CONDUCTS A DISPOSITIONAL REVIEW HEARING
     In re Pantaleon, Minor,__Mich App__(1999), No. 207394 (March 26, 1999)

SUPREME COURT RULES THAT CIRCUIT COURT HAS JURISDICTION TO ENTERTAIN A PETITION TO REINSTATE ALIMONY
     Rickner v. Frederick,__Mich__ (1999), No. 111964 (March 19, 1999)

A TRIAL COURT MAY VACATE AN ARBITRATION AWARD PROCURED ON THE BASIS OF FRAUD
     Matley v. Matley,__Mich App__(1999), No. 203423 (March 19, 1999)

A MOTHER CAN MAINTAIN AN ACTION UNDER THE PATERNITY ACT AFTER AN AMENDED JUDGMENT OF DIVORCE HAS ESTABLISHED THE CHILD WAS BORN OUT OF WEDLOCK
     Opland v. Kiesgan,__Mich App__(1999), No. 201258 (March 5, 1999)

A TRIAL COURT CAN COMPEL PRODUCTION OF UNREDACTED JOINT TAX RETURNS IN DISCOVERY FOR A CHILD SUPPORT CASE IF THERE IS A REASONABLE SUSPICION THAT ONE PARTY IS DIVERTING FUND TO ANOTHER TO AVOID PAYMENT
     Pott v. Kalamazoo Circuit Judge,__Mich App__(1999) No. 2017128 (March 5, 1999)

A MICHIGAN TRIAL COURT HAS JURISDICTION OVER ENFORCING A MISSISSIPPI CHILD SUPPORT JUDGMENT BECAUSE OF MISSISSIPPI'S LONG-ARM STATUTE
      Poindexter v. Poindexter,__Mich App__(1999), No. 203250 (March 2, 1999)

February

THE COURT MUST TAKE INTO ACCOUNT THE PHYSICAL AND MENTAL IMPAIRMENTS OF A CHILD WHEN MODIFYING A CUSTODIAL ARRANGEMENT
     Winn v. Winn,__Mich App__(1999), No. 209048 (February 26, 1999)

TRIAL COURT'S FAILURE TO CONDUCT A DE NOVO HEARING WHEN A CHANGE OF CUSTODY WAS REQUESTED WAS CLEAR LEGAL ERROR REQUIRING REVERSAL
     Cochrane v. Brown, __Mich App__(1999), No. 210898 (February 19, 1999)

TRIAL COURT MAY CONSIDER EFFECT OF ALCOHOL INDUCED BEHAVIOR ON MARRIAGE WHEN MAKING PROPERTY DIVISION
     Welling v Welling, ___Mich App___ (1999), No. 203654 (February 5, 1999)

January

EXTENDED FAMILY DOES NOT HAVE RIGHT TO SEEK VISITATION UNDER CHILD CUSTODY ACT
     Terry v Affum, ___Mich App___ (1999), #210862,  213582, ( January 22, 1999)

TRIAL COURT MUST PROVIDE NOTICE OF TERMINATION OF PARENTAL RIGHTS PROCEEDINGS TO ANY INTERESTED INDIAN TRIBE IF THE CHILD IN QUESTION MAY BE INDIAN
     Family Independence Agency v. Maynard,__ Mich App__(1999), No. 208851 (January 19, 1999)

TRIAL COURT COULD CONSIDER EARLIER STIPULATION FOR REDUCED CHILD SUPPORT IN DETERMINING APPROPRIATE MODIFICATION
     Kosch v Kosch, ___Mich App___ (1999), No. 197683 (January 8, 1999)

IMPUTATION OF INCOME NOT APPROPRIATE FOR RECIPIENT OF MEANS-TESTED INCOME SUCH AS AFDC
     Ghidotti v Barber, ___Mich App___ (1998), No. 109112 (December 28, 1998)

Domestic Relations Review

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Last updated 3-1-00

Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014
or e mail to pharter@calhouncountymi.gov