Kosch v. Kosch, ___Mich App___ (1999), No. 197683 (January 8, 1999)
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Juvenile Review MenuPlaintiff-father and Defendant-mother divorced in 1991. They shared joint legal and physical custody of their children. By stipulation, the divorce judgment provided that father would pay substantially less support for the two children than if the trial court had applied the child support formula guidelines. In 1991 the trial court admittedly failed to make the findings required when deviating from the child support guidelines pursuant to MCL 552.16; MSA 25.96. Both parents agreed that the custody arrangement worked and the children's needs, of whatever kind, were being met. In 1994, mother moved to increase child support based on changed circumstances. She indicated she would use the additional support to expand the children's travel and cultural experiences. After a three-day hearing, the trial court found that father's income had increased by 54% and ordered the child support increased proportionately to $625.00 per week. The Michigan Child Support Formula would have mandated $1,573.00 per week.
On appeal mother argued that the amount of support established by the formula is "presumptively correct and provides for the reasonable needs of children of wealthy parents", and the trial court erred by relying on the parties' earlier agreement because it had not complied with MCL 552.17(2); MSA 25.976(2) and explained its reasons for deviating from the formula when the divorce judgment was originally entered. The Court of Appeals found that the trial judge carefully complied with this statute when modifying the support order, and did not abuse discretion by considering the earlier agreement in modifying the order. Mother's failure to file an appeal from the original judgment of divorce, pursuant to MCR 7.205(A) or (F), precluded a collateral attack on the merits: "By failing to appeal the original judgment of divorce, defendant has effectively stipulated her consent to its provisions, including the original determination of child support."
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