Carlson v. Carlson
293 Mich. App. 203
| Mich. Ct. App. | 2011Background
- Defendant Carlson reduced his income to $250 weekly to keep Flint Surveying and Engineering Co. (FSE) afloat and preserve health insurance.
- Friend of the Court (FOC) recommended modifying child support using an imputed $95,000 gross income based on the last two years.
- Trial court adopted the FOC recommendation, determining the reduction was voluntary and imputing $95,000 income for support purposes.
- The trial court failed to apply the 2004 Michigan Child Support Formula (MCSF) factors to determine imputed income, including actual ability and likelihood of earning $95,000.
- Evidence showed FSE’s revenues declined sharply (50% from 2006 to 2007, 70% of employees laid off by 2008) making $95,000 likely unsustainable; no outside employment evidence supported $95,000.
- The appellate court vacated and remanded, holding the imputation was an abuse of discretion and directing reconsideration of the motion to reduce child support.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the income reduction was involuntary | Carlson argues the reduction was involuntary. | Carlson asserts the reduction was voluntary and strategic. | Reduction was voluntary. |
| Whether imputing $95,000 income was an abuse of discretion | Imputing 95k appropriately reflects earning capacity. | Imputing 95k lacks adequate factual support. | Imputation of 95,000 was an abuse of discretion. |
| Whether the trial court properly applied the MCSF factors in imputing income | MCSF factors support imputing income. | MCSF factors not properly applied or considered. | Trial court failed to apply MCSF factors; abuse of discretion. |
| Whether the proper remedy is remand for further proceedings | Remand not necessary if error corrected. | Remand appropriate to address deficiencies. | Remand to reconsider motion to reduce child support. |
Key Cases Cited
- Stallworth v. Stallworth, 275 Mich App 282 (2007) (presumptive framework for applying MCSF and reviewing imputation decisions)
- Sparks v. Sparks, 440 Mich 141 (1992) (standard for reviewing factual findings in child-support awards)
- Rohloff v. Rohloff, 161 Mich App 766 (1987) (abuse of discretion standard for discretionary rulings)
- Borowsky v. Borowsky, 273 Mich App 666 (2007) (abuse-of-discretion framework in child-support imputation)