Ghidotti v. Barber

586 N.W.2d 883, 459 Mich. 189
CourtMichigan Supreme Court
DecidedDecember 28, 1998
Docket109112, Calendar No. 11
StatusPublished
Cited by31 cases

This text of 586 N.W.2d 883 (Ghidotti v. Barber) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ghidotti v. Barber, 586 N.W.2d 883, 459 Mich. 189 (Mich. 1998).

Opinions

Brickley, J.

This appeal raises the question whether the custodial mother of two minor children, ages fourteen and thirteen, whose sole source of income is means-tested public assistance,1 can be deemed to be voluntarily unemployed and thereby have an income imputed to her as the basis for her child support obligation to a noncustodial third child. The statutorily authorized Michigan Child Support Formula Manual prohibits the imputation of means-tested public assistance benefits as income. While a trial court may enter an order of support that deviates from the formula, it may not do so without setting forth in writing or on the record why following the formula would be unjust or inappropriate.2 Additionally, this Court has required the trial court to evaluate a num[192]*192ber of factors in determining the actual ability and likelihood of earning the imputed income. Sword v Sword, 399 Mich 367; 249 NW2d 88 (1976). The Michigan Child Support Formula Manual also requires the evaluation of certain equitable factors when deciding to impute income. In the instant case, the trial court failed to comply with these requirements. Accordingly, we reverse the judgment of the Court of Appeals and remand this case to the trial court for a new calculation of the support order.

i

Plaintiff James Ghidotti and defendant Brenda Barber are the parents of James Allen Ghidotti, Jr., bom November 30, 1987. The parties were never married. Judge Kingsley of the 37th Circuit Court granted physical custody of James Jr. to his father, the plaintiff, on May 18, 1993.

Defendant has custody of two minor daughters, ages fourteen and thirteen, from a previous marriage. The father of the two girls, defendant’s ex-husband, is incarcerated and does not pay child support. At the time this case was before the trial court, defendant and her daughters received $356 a month in Aid to Families with Dependent Children benefits. At the same time, plaintiff earned approximately $370 a week from employment.

Pursuant to an order from the trial court, the friend of the court for Calhoun County conducted a child [193]*193support review of defendant’s obligation to her noncustodial son, James Jr. The friend of the court prepared two recommendations regarding defendant’s child support obligations.3 The first recommendation, which was based on defendant’s actual income, set the support level at $0.00. When calculating the second recommendation, the friend of the court determined that defendant did not suffer from any condition or restriction that would preclude her from obtaining gainful employment. Accordingly, the friend of the court deemed defendant to be voluntarily unemployed and calculated an imputed income for defendant equaling $170 a week. The imputed income equaled what defendant would earn if she worked at a minimum wage job for forty hours a week. The second recommendation, which was based on defendant’s actual income, plus her imputed income, set defendant’s child support obligation at $33 a week; [194]*194this amount included $22 a week for child support and $11 a week for child care.

On May 16, 1994, the trial court heard testimony regarding the child support review. Defendant argued that, because she was receiving afdc and food stamp support for her other two children, she could not be required to pay child support. The court disagreed and set the level of child support at $33 a week, imputing income to defendant and adopting the second calculation of the friend of the court.

Defendant appealed this ruling, but the Court of Appeals denied leave. This Court remanded the case to the Court of Appeals as on leave granted. 449 Mich 861 (1995). The Court of Appeals affirmed the trial court’s award of child support at the rate of $33 a week, holding that

the fact that a party receives an afdc grant is irrelevant when determining whether a parent is voluntarily unemployed and the amount of child support that a voluntarily unemployed noncustodial parent will pay for the benefit of the noncustodial child. [222 Mich App 373, 380; 564 NW2d 141 (1997).]

Defendant appealed the ruling of the Court of Appeals, and this Court granted leave on April 1, 1998. 456 Mich 959.

n

At the time this case was decided, defendant was a recipient of AFDC, which the federal welfare program was called at that time. The Personal Responsibility and Work Opportunity Reconciliation Act, Pub L 104-193, 110 Stat 2105 (codified as 42 USC 601-1788), replaced afdc with Temporary Assistance for Needy [195]*195Families (TANF), as part of the federal welfare reform program enacted in 1996. Because the Michigan Family Independence Agency has elected to use TANF funds as afdc funds were used previously, to provide cash assistance to needy families with minor children, the analysis of defendant’s situation remains the same.

The stated purpose of TANF can be found at 42 USC 601(a), which provides:

In general. The purpose of this part [42 USC 601 et seq.] is to increase the flexibility of States in operating a program designed to—
(1) provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives;
(2) end the dependence of needy parents on government benefits by promoting job preparation, work, and marriage;
(3) prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and
(4) encourage the formation and maintenance of two-parent families.

In order to receive federal funds under the tanf program, a state is required to “establish guidelines for child support award amounts within the State.” 42 USC 667(a). This statute also requires that

[tjhere shall be a rebuttable presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of such guidelines is the correct amount of child support to be awarded. A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case, as determined under criteria established by the State, shall be suffi[196]*196cient to rebut the presumption in that case. [42 USC 667(b)(2).]

The Legislature complied with these requirements when it enacted MCL 722.717(3); MSA 25.497(3), stating that “the court shall order support in an amount determined by application of the child support formula developed by the state friend of the court bureau.”4 The statute goes on to state that the court may enter an order of support that varies from that mandated by the guidelines, but only if the court determines from the facts of the case that application of the child support formula would be unjust or inappropriate and sets forth in writing or on the record the following:

(a) The support amount determined by application of the child support formula.
(b) How the support order deviates from the child support formula.

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Bluebook (online)
586 N.W.2d 883, 459 Mich. 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ghidotti-v-barber-mich-1998.