Michigan Court of Appeals, August 26, 2008:
The Court held that a reciprocal alimony provision requiring the defendant to remit an amount equal to the ordered child support back to the plaintiff as alimony was unenforceable and contrary to public policy because parents could not bargain away their childs right to support. The provision was also inconsistent with the purpose of alimony, which is to balance incomes and needs of the parties without impoverishing either party.
Michigan Court of Appeals, March 25, 2008:
The divorced parents had joint legal custody and the father sole physical custody. Dad moved with the child within 100 miles as the crow flies, without the court's permission, to a new school system and Mom objected. On appeal, the Michigan Court of Appeals held that the 100 mile rule was measured as the crow flies and not by the driving route. Therefore, the move was less than 100 miles in this case. Second, since the parties both had legal custody and disagreed on the change in school systems, the Dad had to obtain permission from the trial court to change school systems. The court was required to determine whether the change in school districts was in the best interests of the child. The case was remanded to the trial court for a hearing on whether the new school district was the better choice.
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