Ghidotti v. Barber

586 N.W.2d 883 (Mich. 1998). ; Clearinghouse Number: 52252

Description

Court Erred in Imputing Income from Means-Tested Benefits to Child Support Obligor

Abstract

The Michigan Supreme Court held that the trial court failed to comply with statutory requirements when it deemed means-tested public assistance to a voluntarily unemployed parent as the basis for a child-support obligation to her noncustodial child. Defendant-appellant, the custodial mother of two minor children, received Aid to Families with Dependent Children. Pursuant to the trial court’s order, the county friend of the court determined that defendant did not suffer from any condition or restriction that would preclude her from obtaining gainful employment. The friend of the court deemed defendant to be voluntarily unemployed and calculated an imputed income for defendant of $170 a week. The imputed income equaled what defendant would earn if she worked at a minimum-wage job for 40 hours a week. Adopting the friend of the court’s recommendation, the trial court ordered defendant to pay child support of $33 dollars per week. Defendant appealed. The supreme court found that the relevant state and federal statutes required the trial court to follow the guidelines set forth in the Michigan Child Support Formula Manual, which clearly and unequivocally prohibited the imputation of income to a payee or payor parent who was receiving means-tested income such as Aid to Families with Dependent Children. The court held that, when a trial court deviated from this formula, it must set forth in writing why following the formula would be "unjust or inappropriate." Noting that the trial court had not done so in this instance, the court reversed and remanded.

Additional Information

Docket Date
1970-01-01 06:00:00+00:00

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