MI Bar Family Law 3 — Questions and Answers
Question 1: A Michigan couple began living together in 1990, held themselves out as married, but never obtained a license or ceremony. Are they married under Michigan law?
- No, Michigan abolished common law marriage in 1957, so no marriage exists (Correct answer)
- Yes, cohabitation plus holding out creates a common law marriage
- Yes, but only if they filed joint tax returns for ten years
- No, unless they have children together
Correct answer: No, Michigan abolished common law marriage in 1957, so no marriage exists
Michigan abolished common law marriage effective January 1, 1957, though it recognizes such marriages validly created in other states.
Question 2: A joint-custody parent in Michigan wants to move with the child from Detroit to Chicago, 280 miles away. The other parent objects. What must the moving parent generally obtain?
- Court permission after the judge weighs the statutory change-of-domicile factors (Correct answer)
- Nothing, because parents may move freely within the United States
- Written consent from the child if over age 10
- Approval from the friend of the court office only
Correct answer: Court permission after the judge weighs the statutory change-of-domicile factors
A move of more than 100 miles from the child's legal residence requires consent or court approval based on the statutory change-of-domicile factors, including whether the move improves quality of life.
Question 3: At a Michigan divorce trial, the husband seeks to exclude his $300,000 inheritance from the marital estate. When may the court nevertheless invade this separate property?
- When the other spouse's share of the marital estate is insufficient for suitable support or the spouse contributed to the asset's value (Correct answer)
- Never, because inheritances are constitutionally protected
- Only when the marriage lasted more than 25 years
- Whenever the other spouse requests it in the complaint
Correct answer: When the other spouse's share of the marital estate is insufficient for suitable support or the spouse contributed to the asset's value
Michigan courts may invade separate property if the marital award is insufficient for a spouse's suitable support or if the other spouse contributed to the property's acquisition or growth.
Question 4: A Michigan mother petitions to modify custody eight months after the last order, alleging the father now works night shifts. What must she show before the court reaches the best-interest factors?
- Proper cause or a change of circumstances since the prior order (Correct answer)
- Clear and convincing evidence of parental unfitness
- That the child, who is 8, prefers to live with her
- That the father consents to reopening the case
Correct answer: Proper cause or a change of circumstances since the prior order
A party seeking custody modification must first establish proper cause or a change of circumstances before the court may revisit the best-interest factors.
Question 5: A 16-year-old wants to marry her 18-year-old boyfriend in Michigan. What is required for the marriage license?
- Consent of a parent or legal guardian because she is 16 (Correct answer)
- Nothing beyond the standard application, since 16 is the age of majority
- A court order finding emancipation plus pregnancy
- The marriage is absolutely prohibited under age 17
Correct answer: Consent of a parent or legal guardian because she is 16
In Michigan, 16- and 17-year-olds may marry with the written consent of a parent or legal guardian.
Question 6: A Michigan ex-wife receiving periodic spousal support remarries. Her ex-husband stops paying. Which statement is most accurate?
- Modifiable periodic support may be terminated upon petition, but he should seek a court order rather than unilaterally stopping (Correct answer)
- Support automatically continues because remarriage is irrelevant in Michigan
- Support converts into child support by operation of law
- He may recoup all support paid since the wedding date
Correct answer: Modifiable periodic support may be terminated upon petition, but he should seek a court order rather than unilaterally stopping
Remarriage is a strong ground for terminating modifiable periodic spousal support, but the payer should obtain a court order modifying the judgment rather than self-help cessation.
Question 7: A Michigan court orders child support that deviates from the Michigan Child Support Formula. What must the court do?
- State on the record why applying the formula would be unjust or inappropriate (Correct answer)
- Nothing, because the formula is purely advisory
- Obtain written consent from the friend of the court
- Cap the deviation at 10% of the formula amount
Correct answer: State on the record why applying the formula would be unjust or inappropriate
Courts must presumptively follow the Michigan Child Support Formula and may deviate only upon determining and explaining in writing or on the record why the formula result would be unjust or inappropriate.
MI Bar Family Law 3
A Michigan couple began living together in 1990, held themselves out as married, but never obtained a license or ceremony.
Are they married under Michigan law?