Aussie v. Aussie

452 N.W.2d 859, 182 Mich. App. 454
CourtMichigan Court of Appeals
DecidedMarch 5, 1990
DocketDocket 103828
StatusPublished
Cited by9 cases

This text of 452 N.W.2d 859 (Aussie v. Aussie) 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
Aussie v. Aussie, 452 N.W.2d 859, 182 Mich. App. 454 (Mich. Ct. App. 1990).

Opinions

T. Gillespie, J.

This is another episode in the continuing saga of the post-divorce trials and tribulations of the Aussie family that began October 1, 1982, when a judgment of divorce ended a seventeen-year marriage between plaintiff and defendant. That original judgment was appealed to this Court, and a panel of this Court affirmed the judgment of the trial court in an unpublished memorandum opinion decided September 12, 1983 (Docket No. 67504). Since the entry of the divorce judgment, the parties have made repeated visits to the circuit court both to enforce the judgment and to modify it. Additionally, the parties have entered into side agreements, which have not been fulfilled. In short, a great deal of judicial time has been expended in attempts to settle the problems of this family. In the instant case, defendant appeals and plaintiff cross appeals from a post-divorce order for modification of child support and alimony entered in Oakland Circuit Court on September 18, 1987. We affirm in part, reverse in part, and remand.

Defendant is a physician practicing in the fields of obstetrics and gynecology. He is a sole practitioner and is incorporated as a professional corporation. His office is located in Southfield. Defendant sets his own salary and claims an adjusted gross income of $67,400 in 1984, $76,277 in 1985, and $59,000 in 1986. His professional corporation grossed $201,549.78 in 1983, $208,944.49 in 1984, and $207,764.44 in 1985.

Plaintiff, at the time of divorce, was employed at home as a housewife. Following the divorce, plain[458]*458tiff obtained employment in a law firm as a receptionist and secretary. Her adjusted gross income was $25,043 in 1984, $29,942 in 1985, and $34,731 in 1986. These figures include alimony which amounts to $7,800 annually.

Under the terms of the October 1, 1982, judgment of divorce, plaintiff received legal and physical custody of the parties’ three then-minor children: Andrew, born August 1, 1967; Jacqueline, born March 4, 1971; and Jason, born August 14, 1976. Plaintiff was awarded $65 per week per child iri support1 and $150 per week in alimony. The alimony was to be paid only for a period of five years. In addition to the child support and alimony, plaintiff received most of the furnishings in the marital home, with the exception of some rugs given to defendant by his Iranian relatives as gifts which were determined not to be marital property. She was also granted occupancy of the marital home for a period of five years. Because plaintiff was unable to afford the upkeep on the marital home, it was sold and the profits were divided between the parties. She and the children consequently moved to an older, smaller home in need of a great deal of repair and maintenance.

In addition to the rugs, defendant received his professional corporation, his interest in his pension and profit-sharing plans and the stock the parties owned.

The parties’ oldest child, Andrew, attended a private high school, Cranbrook, at the time of the divorce. He finished his secondary education there. In 1985, Andrew turned eighteen and his support terminated. He attends the University of Michigan. He is not self-supporting.

[459]*459Jacqueline turned eighteen on March 4, 1989. Accordingly, her support ended on that date. She is a scholarly, active young woman. She plans to attend college in Arizona. Since the divorce Jacqueline has increased expenses due to her age-related activities.

Jason, the youngest child, was only six when the parties divorced. Although at the time of the divorce the parties recognized that Jason suffered some speech impairment, it was not until after the divorce that they learned that Jason has organic brain damage. As a result of the brain damage, Jason suffers from severe depression, suicidal tendencies, and learning and speech disabilities. He requires special tutoring. He also requires psychotherapy twice a week at $75 per session. Jason participates in sports, in artistic endeavors, and in hobbies such as collecting toy cars and building model airplanes. These activities are encouraged as part of his therapy. It is unlikely that he will ever be self-sufficient. He cannot be left alone because he is disoriented as to time. Jason’s deficiencies have been an additional strain on plaintiff both as to time and financial resources.

The record further reveals that the emotional and financial support of the children has been provided, in large part, by plaintiff. Defendant participates financially only to the extent required by court order. Additionally, defendant has minimized or ignored the problems of Jason and has shown little interest in the children, in general. Defendant’s indifference is evidenced in the following occurrences: (1) Defendant agreed to pay one-half of Andrew’s expenses associated with his enrollment in Cranbrook. He honored this agreement for two years and then refused to pay his share of the expenses incurred in Andrew’s final semester. Consequently, plaintiff was forced to [460]*460borrow money to cover Andrew’s tuition so that he could graduate. She also paid Andrew’s school-related expenses of approximately $4,500. (2) Defendant, in a written agreement entered into in 1985, agreed to pay $6,000 a year toward Andrew’s college expenses in return for which plaintiff waived her right to petition the circuit court "for an increase in child support, above the current level of $75 per child, per week.” He paid $4,400 in 1986; $4,165 in 1987 and nothing thereafter. (3) Defendant, in December, 1986, cut off payment to the psychiatrist to whom Jason had been referred even though those fees were covered by insurance provided through his professional corporation. He also refused to communicate with the psychiatrist.

In the autumn of 1986, plaintiff filed a petition seeking an increase in defendant’s child support obligation, an extension of defendant’s alimony obligation and reimbursement for expenses incurred and paid as a result of Andrew’s high school and college education. A three-day hearing on plaintiff’s petition took place in April and May, 1987. On September 18, 1987, the circuit court entered an order increasing defendant’s child support obligation to $110 per week per child until each child reached the age of eighteen or graduated from high school, whichever was later. This increase was made retroactive to February 13, 1987. The circuit court also extended defendant’s alimony obligation of $150 per week which was due to expire on October 1, 1987, to the date of Jason’s eighteenth birthday, August 14, 1994. The circuit court, however, denied plaintiff’s request for enforcement of the oral and written post-divorce agreements between plaintiff and defendant regarding payments for Andrew’s education. This appeal and cross appeal followed.

Defendant first argues that the circuit court [461]*461abused its discretion in extending his alimony obligation. A circuit court has the authority to extend the period during which one former spouse is obligated to pay alimony to the other former spouse. This authority is found in MCL 552.28; MSA 25.106, which provides:

After a judgment for alimony or other allowance, for either party and children, or any of them, and also after a judgment for the appointment of trustees, to receive and hold any property for the use of either party or children as before provided

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Aussie v. Aussie
452 N.W.2d 859 (Michigan Court of Appeals, 1990)

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Bluebook (online)
452 N.W.2d 859, 182 Mich. App. 454, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aussie-v-aussie-michctapp-1990.