Laffin v Laffin 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 child’s 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.
Bowers v Vandermeule-Bowers 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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