Adler v. Dormio

872 N.W.2d 721, 309 Mich. App. 702, 2015 Mich. App. LEXIS 607
CourtMichigan Court of Appeals
DecidedMarch 19, 2015
DocketDocket 319608
StatusPublished
Cited by17 cases

This text of 872 N.W.2d 721 (Adler v. Dormio) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adler v. Dormio, 872 N.W.2d 721, 309 Mich. App. 702, 2015 Mich. App. LEXIS 607 (Mich. Ct. App. 2015).

Opinion

STEPHENS, J.

Defendant appeals from the circuit court’s order denying his motion to vacate a modified universal child support order (UCSO). We vacate and remand.

I. BACKGROUND

The underlying case arises from a paternity complaint filed by plaintiff on December 7, 2006, naming defendant as the biological father of her son, who was born on April 14, 2005. Defendant was served by substituted service with the paternity complaint on December 27, 2006, and with an order for genetic testing on January 8, 2007. Plaintiff filed a default application and moved for entry of a default order of filiation after defendant failed to respond to either the complaint or the order for testing. At the April 12, 2007 motion hearing, the trial court entered a judgment of filiation and a UCSO requiring defendant to pay $297 per month in child support, retroactive to the child’s date of birth, April 14, 2005. On plaintiffs motion, the court modified the UCSO to include $368 per month for childcare effective from October 6, 2006, bringing defendant’s total monthly liability for child support and childcare to $665.

Defendant claims to have first learned about the paternity case when his wages were garnished in the summer of 2009. In 2012, defendant filed a motion to set aside the judgment of filiation under § 13(3), MCL 722.1443(3), of the then new Revocation of Paternity Act (RPA), MCL 722.1431 et seq., in which he denied paternity. Genetic tests excluded defendant as the father. The court held a best interests hearing to set aside the judgment of filiation and terminated defen *705 dant’s child support obligation effective September 2012, the date of the filing of the RPA petition. More than $45,000 in arrears that had accrued before that date was unaffected by the order.

Subsequently, defendant attempted to set up a payment plan for the arrears through the Friend of Court. Because only $300 of the arrears was owed to the state of Michigan, the Friend of the Court declined to enter a discharge plan and instructed defendant to “file a motion for relief of judgment to be heard by the circuit court.”

Defendant filed a motion with the circuit court to vacate the support orders and support enforcement orders under MCR 2.612(C)(1)(f). He argued below, as he argues on appeal, that although MCL 722.1443(3) does not provide a mechanism for relief from arrearages owed for a child the court determined was not his, the Legislature clearly intended such relief to be available. The trial court denied defendant’s motion after stating that defendant had failed to meet his burden under MCR 2.612(C)(1)(f). It is from that order that defendant appeals.

II. THE REVOCATION OF PATERNITY ACT AND RELIEF UNDER MCR 2.612

Defendant argues that the plain language of MCL 722.1443(3) allows him to seek relief under MCR 2.612(C)(1). We agree.

The proper interpretation of a statute is a legal question that this Court reviews de novo. Gilliam v Hi-Temp Prod, Inc, 260 Mich App 98, 108; 677 NW2d 856 (2003). The fundamental rule of statutory interpretation is to give effect to the Legislature’s intent. Klooster v Charlevoix, 488 Mich 289, 296; 795 NW2d 578 (2011). The Court accomplishes this by focusing on *706 the language the Legislature adopted in the statute, giving meaning to every word, phrase, and clause in the statute and considering both their plain meaning and their context. Mich Farm Bureau v Dep’t of Environmental Quality, 292 Mich App 106, 131-132; 807 NW2d 866 (2011). “Courts may not speculate regarding legislative intent beyond the words expressed in a statute.” Mich Ed Ass’n v Secretary of State (On Rehearing), 489 Mich 194, 217-218; 801 NW2d 35 (2011). A statute that is clear and unambiguous on its face should be enforced as written. Dep’t of Agriculture v Appletree Mktg, LLC, 485 Mich 1, 8; 779 NW2d 237 (2010).

The RPA became effective June 12, 2012. 2012 PA 159. 1 Among other things, it permits an affiliated father 2 whose “paternity was determined based on the affiliated father’s failure to participate in the court proceedings” to “file a motion with the court that made the determination to set aside the determination.” MCL 722.1439(1). See also MCL 722.1443(2)(c). The judgment of filiation in this case was entered against defendant on a motion for entry of default after defendant failed to respond or appear at proceedings. Typically, a motion under MCL 722.1439 must be filed within 3 years after the child’s birth or one year of the order of filiation, whichever is later. MCL 722.1439(2). However, these requirements did not apply to persons, such as defendant, who filed their motions by June 12, 2013. MCL 722.1439(2).

*707 MCL 722.1443(3) of the RPA provides:

A judgment entered under this act does not relieve a man from a support obligation for the child or the child’s mother that was incurred before the action was filed or prevent a person from seeking relief under applicable court rules to vacate or set aside a judgment, [Emphasis added.]

The clear and unambiguous language of the statute indicates that while a judgment under the RPA does not automatically excuse a parent from compliance with prior support orders, it also does not bar a motion to have the judgment vacated or set aside by means of any applicable court rule.

This Court reviews a trial court’s decision whether to set aside a judgment under MCR 2.612 for an abuse of discretion. Heugel v Heugel, 237 Mich App 471, 478; 603 NW2d 121 (1999). A trial court has not abused its discretion if its decision results in an outcome within the range of principled outcomes. Maldonado v Ford Motor Co, 476 Mich 372, 388; 719 NW2d 809 (2006). The “interpretation of a court rule, like a matter of statutory interpretation, is a question of law that this Court reviews de novo.” CAM Constr v Lake Edgewood Condo Ass’n, 465 Mich 549, 553; 640 NW2d 256 (2002).

MCR 2.612(C)(1) provides six grounds under which a court may relieve a party from “a final judgment, order, or proceeding”:

(a) Mistake, inadvertence, surprise, or excusable neglect.
(b) Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under MCR 2.611(B).
(c) Fraud (intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party.
(d) The judgment is void.
*708 (e) The judgment has been satisfied, released, or discharged; a prior judgment on which it is based has been reversed or otherwise vacated; or it is no longer equitable that the judgment should have prospective application.
(f) Any other reason justifying relief from the operation of the judgment.

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Cite This Page — Counsel Stack

Bluebook (online)
872 N.W.2d 721, 309 Mich. App. 702, 2015 Mich. App. LEXIS 607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adler-v-dormio-michctapp-2015.