The Michigan Court of Appeals has ruled the Oakland County trial court improperly granted an ex-husband’s motion to “clarify” the parties’ judgment of divorce because, in doing so, the trial court actually modified the judgment, thereby affecting the parties’ substantive rights.

The Michigan COA ruled, in this custody case, the trial court correctly invalidated the "domicile provision" in the parties' consent judgment of divorce and found that the best interests of the children must be considered before letting the defendant move out-of-state.

Trial court erroneously granted a father’s motion to move to TX with children because, there was insufficient evidence the children’s lives would be improved by relocating.

The trial court failed to conduct an evidentiary hearing to determine whether she had established the required proper cause or change in circumstances.

The trial court should not have denied the defendant’s motion to set aside the parties’ divorce judgment based on alleged fraud.

An ex-husband who was ordered to pay spousal support could not have the support terminated after the ex-wife entered into a “commitment ceremony” with another man.

In this divorce action, the Michigan Court of Appeals ruled the trial court erred in its award of spousal support and attorney fees to the plaintiff ex-wife.

A trial court correctly denied a father’s request to 1) change the parenting time schedule and 2) remove a right-of-first-refusal provision from the parties’ divorce judgment.

In O’Leary, the parties’ JOD required the marital home to be sold and “the indebtedness or profit shall be shared equally.” The husband finally sold the home 6 years later for a loss.

The COA addressed an issue debated among family law attorneys: whether a party could seek to modify and extend an award of spousal support set by a trial court in the parties’ judgment of divorce.

At the end of last year, the COA, clarified the amount of due process required when an attorney seeks enforcement of charging liens secured by a divorce judgment signed by the client debtor.