Ewald v. Ewald

810 N.W.2d 396, 292 Mich. App. 706
CourtMichigan Court of Appeals
DecidedMay 26, 2011
DocketDocket No. 295161
StatusPublished
Cited by46 cases

This text of 810 N.W.2d 396 (Ewald v. Ewald) 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
Ewald v. Ewald, 810 N.W.2d 396, 292 Mich. App. 706 (Mich. Ct. App. 2011).

Opinion

MARKEY, J.

In this divorce action, plaintiff appeals by right the trial court’s child support order. We conclude that the trial court erred as a matter of law by deviating from the Michigan Child Support Formula (MCSF), MCL 552.605(2). For the reasons stated in this opinion, we vacate the order for child support in the judgment of divorce and remand for reconsideration without deviation from the MCSF in light of the parties’ income as affected by the marital-property division. Defendant cross-appeals, contending that the trial court’s award of temporary spousal support was inequitable, that the trial court’s award of attorney fees was inadequate, and that the trial court erred by not ordering plaintiff to pay for uninsured medical expenses defendant incurred during the pendency of this action. We affirm these dispositional rulings by the trial court.

I. FACTS AND PROCEEDINGS

The parties were married in December 1993 when they were both in their twenties. The marriage produced two children: a son was born in July 1995, and a [710]*710daughter was born in April 1997. Plaintiff filed for divorce on February 14, 2008, and the judgment of divorce was not entered until November 4, 2009. The parties separated before the complaint for divorce was filed when they purchased a separate residence for defendant a short distance from the marital home. The parties’ son resided with his father and the daughter lived with her mother. Although initially each child visited regularly with the other parent, the son soon had a falling-out with his mother and no longer visited. Defendant never sought a court order to enforce parenting-time rights, but she sought counseling to resolve relationship issues between them.

Both parties’ formal education ended with their graduation from high school. After they were married, plaintiff formed a farm corporation with his parents (Ewald Farms). Plaintiff held a 14 percent interest in the farm corporation and served as its president. Although defendant was a stay-at-home mother, she also worked on the family farming business in the fields and doing bookkeeping and other paperwork. Throughout the marriage, plaintiff farmed and managed the farm corporation. After the parties separated, plaintiff continued farming, and defendant was able to find short-term employment through an employment agency.

During the marriage, the parties’ received rental income from Ewald Farms on 365 acres of farmland the parties were able to acquire. Plaintiff also received a small salary from the family farming operation, and many of the family’s living expenses were paid by the farm corporation. After trial, the court issued a written opinion on July 23, 2009, addressing disputed issues. The trial court determined that the net value of the marital farmland was $808,106, and that plaintiffs 14 percent interest in Ewald Farms was worth $181,185. [711]*711The parties’ other assets included the two residences and assorted personal property. The parties do not dispute the valuation of the marital property or its division.

In its July 2009 opinion, the trial court noted that to the extent that its rulings favored defendant, it did so because it found that plaintiff was more at fault than defendant for the breakdown of the marriage relationship. The trial court divided the marital property by awarding plaintiff his interest in Ewald farms and awarding defendant 259 of the parties’ 365 acres or 64 percent of the marital farmland. The court gave plaintiff the right to purchase defendant’s land from her by paying defendant its net worth of $518,000 within three months of the entry of the judgment.1

The court also ruled that the established custodial environment would continue and awarded the parties joint legal custody of the two children: The son would live primarily with his father, and the daughter would live primarily with her mother. Addressing parenting time, the court observed that the parties’ son “has been alienated from his mother in the course of these proceedings and has been very defiant about visiting with her.” Consequently, the trial court continued the terms of a stipulated order regarding custody and parenting time entered April 3, 2009. That order provided plaintiff parenting time with his daughter, but defendant’s parenting time with her son was “held in abeyance until the [son’s] counselor recommends parenting time, or until the parties agree otherwise, or until further order of the Court.”

Regarding child support, in its July 2009 opinion the court imputed a minimum-wage, annual gross income [712]*712of $15,600 to defendant. The court determined that plaintiff had an annual gross income of $73,970, consisting of a $24,700 farming salary, $36,202 land rentals, and approximately $13,000 in personal expenses paid by the farm corporation. The trial court opined that using this income data the MCSF would require plaintiff to pay defendant, including ordinary medical expenses, $618 a month when two children are being supported and $383 a month for one child. The court recognized that its martial-property division “deprives [plaintiff] of much of the property that he had been farming” and that the income of each of the parties would change significantly. Therefore, the court stated “either party may petition for a support review at that time.”

Plaintiff moved for clarification and reconsideration regarding the farmland buyback. Plaintiff further sought reconsideration of child support on the basis that he would incur debt to exercise the farmland buyback while defendant would receive $518,000 capable of being invested to produce income. Plaintiff also requested recalculation of child support because defendant did not exercise parenting time with the parties’ son. In response, the trial court issued a supplemental decision on September 24, 2009, in which it ruled that child support would be calculated as if the parities’ son spent significant overnight time with defendant. The trial court’s deviation from the MCSF had the net effect of reducing defendant’s obligation and increasing plaintiffs child support obligation. The court ruled that plaintiff was at fault for the estrangement between the mother and son and that plaintiff “should not be permitted to profit from the acts and behavior in which he engaged which alienated [the son] from his mother.” The court also observed that, in light of its other rulings, plaintiff was financially able to pay the amount [713]*713of support ordered and that defendant needed that support. The trial court concluded, “[a]s a matter of equity, taking all matters into consideration, and considering the record as a whole, which record supports the finding that [plaintiff] acted wrongfully in alienating [the son] from his mother, the Court deviates from the formula guidelines . . . .” The court then stated:

While there are two minor children, support shall be paid as if each parent had 103 days parenting time with the child in the custody of the other parent, even recognizing that such is not in [fact] the [case]. Therefore, the support while there are two children shall be in the amount of $571.00 per month child support and ordinary medical in the amount of $47.00 per month payable by Mr. Ewald to Mrs. Ewald. When there is one child remaining, Mr. Ewald shall pay child support in the amount of $618.00 per month child support and ordinary medical in the amount of $23.00 per month.. .. Thus, until [the son] emancipates, the Court orders an amount equal to that which Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
810 N.W.2d 396, 292 Mich. App. 706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ewald-v-ewald-michctapp-2011.