Family Law Appeals
Wilcox v Wilcox, Washtenaw County Circuit Court, No. 02-1861-DO, COA No. 325262 (2015)
The parties had entered a settlement agreement and consent judgment of divorce several years earlier expressly providing for nonmodifiable spousal support. In 2014, the former husband sought to reduce his spousal support which was already substantially in arrears claiming that spousal support remained modifiable because the consent judgment had not included a separate, statement that MCL 552.28 had been waived. The trial court held that the support was nonmodifiable. The former husband appealed. On appeal, the trial court was affirmed and the Court of Appeals entered an order in favor of our client.
Rabah v Awad, Lenawee County Circuit Court, No. 13-4926-AV (2014)
An Islamic ceremonial wedding was held in Ohio after which the Imam neglected to return the Ohio marriage license to the county. The couple lived together as husband and wife and only discovered the error some time later when they decided to divorce. Plaintiffs, the husband and his mother, sued my clients, the wife and her father, seeking return of "conditional" wedding gifts including the mahr, claiming that the wedding never occurred and the marriage was "void" from the start. The trial court found that there was no valid marriage and entered a judgment of approximately $25,000 in favor of plaintiffs. On appeal, the circuit court reversed the trial court and entered an order in favor of my clients.
Carns v Carns, Michigan Court of Appeals, No. 319835 (2014)
Defendant father filed an appeal as of right from the trial court's denial of his motion seeking parenting time and attorney fees. Plaintiff mother hired this office to defend the appeal as to parenting time. This office filed a motion to dismiss the claim of appeal as to parenting time. The Court of Appeals granted our motion.
Sinta v McDonald, Michigan Court of Appeals, No. 311538 (2012)
Plaintiff filed a motion in pro per seeking custody and an order preventing her child's father from taking the child overseas. The Washtenaw County Trial Court entered an order awarding defendant father temporary custody, allowing him to take the child to a small town in a remote region of Colombia, South America. No evidentiary hearing was held, there was no analysis of the existing custodial environment, nor was there any analysis of the best interest factors as required by statute. Plaintiff appealed and the order was peremptorily reversed within five days.
Gusmano v Gusmano, Michigan Court of Appeals, No. 297211 (2011)
The Michigan Court of Appeals held that the trial court erred by offsetting the plaintiff-husband's child support obligation by the amount of SSDI (Social Security Disability) benefits received by the child as a result of defendant-wife's disability because the MCSF (Michigan Child Support Formula) does not provide for a credit in this situation and the trial court did not follow the requirements in MCL 552.605(2) for deviating from the MCSF.
Martin v Martin, Michigan Court of Appeals, No. 295902 (2010)
The trial court granted retroactive child support beyond the date upon which the motion to modify child support was sent to my client. We filed an application for leave to appeal and won peremptory relief.
Plaintiff was a natural father who sought return of the custody of his two daughters from a third person, plaintiff's sister. The trial court refused to hold a hearing on plaintiff’s petition and twice dismissed his complaint. The Court of Appeals reversed and remanded for an evidentiary hearing on the children's best interests. Following the evidentiary hearing, Mr. Yount and his daughters were reunited.
Yount v Yount, 481 Mich. 942 (2008)
Plaintiff was a natural father who sought return of the custody of his two daughters from a third person, plaintiff's sister. The trial court refused to hold a hearing on plaintiff’s petition and twice dismissed his complaint. The Court of Appeals reversed and remanded for an evidentiary hearing on the children's best interests. Following the evidentiary hearing, Mr. Yount and his daughters were reunited
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