MICHIGAN'S EXPERT APPEAL LAW FIRM - CRIMINAL AND CIVIL APPEALS - (517) 993-9555
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CALL 24 HOURS 7 DAYS - (517) 993-9555
DIVORCE AND CUSTODY APPEALS
Can I appeal a Judgment of Divorce?
Can I appeal a Judgment of Divorce?
Can I appeal a Judgment of Divorce?
Divorce judgments, including custody orders, are usually final and appealable of right even though the trial court has continuing jurisdiction to modify certain provisions. However, the title does not control, and an order denominated a “judgment” may not meet the final order requirement. If the trial court issues a divorce judgment that indicates that there are outstanding issues to be decided, that judgment is not a final judgment subject to an appeal of right but rather an interlocutory order. Ordinarily, parties may not appeal consent judgments. However, a consent judgment may be appealed under certain circumstances.
Can I appeal a Custody Order?
Can I appeal a Judgment of Divorce?
Can I appeal a Judgment of Divorce?
Review of custody orders post divorce judgment is subject to MCL 722.28, which provides that the trial court’s decision will be affirmed unless the trial court made findings of fact against the great weight of the evidence or committed a palpable abuse of discretion or a clear legal error on a major issue. Under this standard, a reviewing court should not substitute its judgment on questions of fact unless the factual determination clearly preponderates in the opposite direction. A trial court’s findings must be independently supported or corroborated by the evidence on the record and thus amenable to an appeal. A trial court’s discretion is not unbridled; its ultimate decision must comport with the great weight of the evidence. A trial court does not have “unfettered discretion” over child custody matters.
Can I appeal a Child Support Order?
Can I appeal a Child Support Order?
Can I appeal a Child Support Order?
The issue to be considered is whether a trial court properly operated within the statutory child support framework, including any deviation, is a question of law that is reviewed de novo. However, a trial court’s discretionary rulings that are permitted by statute or the Michigan Child Support Formula are reviewed for an abuse of discretion. A trial court abuses its discretion when it relies on a legally improper reason for departing from the Michigan Child Support Formula in establishing a parent’s child support obligation. A court’s factual findings made in determining the amount of support are reviewed for clear error.
If you want to appeal a child support order from a divorce or custody case, call today to speak with an appellate attorney.
When should I appeal an Order?
Can I appeal a Child Support Order?
Can I appeal a Child Support Order?
When deciding whether to file an appeal, it is important to remember that reversal on matters other than legal errors are difficult to obtain. This is due in part to the fact that the court of appeals defers to the trial court in regard to its determination of witness credibility. The best chance for success on an appeal regarding divorce, custody, property, spousal support, child support, or attorney fees lies in establishing legal error.
In property cases, the most common areas for legal error are as follows:
- A property award that on its face does not appear to be roughly congruent.
- A property award where the trial court does not analyze and consider all of the factors set forth in Sparks v Sparks, 440 Mich 141 (1992), when making its findings.
In spousal support cases, the most common areas for legal error are as follows:
- A trial court award of spousal support that is nonmodifiable. Although parties by stipulation may agree to spousal support terms that are nonmodifiable, a trial court may not do so. Staple v Staple, 241 Mich App 562 (2000).
- An award of spousal support where the trial court does not analyze and consider all of the factors set forth in Olson v Olson, 256 Mich 619 (2003), when making its findings.
In child support matters, the most common areas for legal error are as follows:
- The trial court awards an arbitrary amount of child support that does not comport with the Michigan Child Support Formula.
- A trial court deviates from the child support formula but fails to make findings pursuant to MCSF 1.04. Burba v Burba, 461 Mich 637 (2000).
In matters regarding attorney fees, the most common areas for legal error are as follows:
- The trial court awarding attorney fees without first conducting an evidentiary hearing (assuming such a hearing is requested by the party opposing fees).
- The trial court fails to make findings of fact regarding MCR 3.206(D).
- The trial court fails to make a finding regarding the reasonableness of a fee. Smith v Khouri, 481 Mich 519 (2008).
HELPFUL LINKS
SCAO-Approved Forms for Use in Domestic Relations Matters
State of Michigan Court of Appeals and Supreme Court Opinions
SCAO-Approved Forms for Use in Domestic Relations Matters
For standard forms approved by the Michigan State Court Administrator's Office for divorce, custody and child support cases, click below.
State of Michigan Divorce and Custody Laws
State of Michigan Court of Appeals and Supreme Court Opinions
SCAO-Approved Forms for Use in Domestic Relations Matters
For links to the State of Michigan Divorce and Custody Laws, click below.
State of Michigan Court of Appeals and Supreme Court Opinions
State of Michigan Court of Appeals and Supreme Court Opinions
State of Michigan Court of Appeals and Supreme Court Opinions
To search State of Michigan Court of Appeals and Supreme Court Opinions, click below.
Michigan Child Support Formula Manual
Birth, Death, Marriage and Divorce Records
State of Michigan Court of Appeals and Supreme Court Opinions
To review the Michigan Child Support Guidelines, click below.
Michigan Child Support Calculator
Birth, Death, Marriage and Divorce Records
Birth, Death, Marriage and Divorce Records
to calculate Child Support Payments according to the Michigan Child Support Guidelines, click below.
Birth, Death, Marriage and Divorce Records
Birth, Death, Marriage and Divorce Records
Birth, Death, Marriage and Divorce Records
To order Birth, Death, Marriage and Divorce Records from the Michigan Department of Health and Human Services, click below.