899 N.W.2d 768
Mich. Ct. App.2017Background
- Married in Syria (1989); divorced action filed in Michigan (2013). Parties: plaintiff (Elahham), a Syrian-trained pharmacist not licensed in Michigan, and defendant (Al-Jabban), a physician and practice owner. One minor child at trial; four adult children.
- Trial court entered contested judgment of divorce (Dec 1, 2014; amended Mar 20, 2015) addressing custody, support, property division, and attorney fees; plaintiff awarded attorney fees.
- Major assets: Grand Blanc marital home, Cairo apartment, two commercial office buildings (Saginaw Street and Richfield Road) held via LLCs, defendant’s medical practice, defendant’s retirement account, and other personal property.
- Court ordered sale of Richfield Road property, divided proceeds; divided Saginaw Street units between parties and split proceeds from a unit sold during litigation; awarded plaintiff significant share of defendant’s IRA and other assets; ordered spousal support with reservation to modify if plaintiff remarried.
- Defendant moved to modify/terminate spousal support claiming plaintiff remarried in Egypt; hearing held July 2, 2015 on remarriage; trial court found insufficient evidence of a legally recognized remarriage in Egypt and denied modification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Attorney fees award | Fees proper; trial court discretion upheld | Waived challenge; argues court erred in awarding fees without explicit findings of ability to pay | Waiver: defendant agreed early in proceedings to pay plaintiff’s fees; appellate court declines to review abuse-of-discretion claim |
| Property division (commercial properties & dissipation) | Trial court failed to account for defendant’s dissipation and gave plaintiff unequal share | Division forced sale of practice building causing hardship; division inequitable | Division affirmed: court considered factors; defendant had means to relocate; no clear error or prejudicial plain error on dissipation evidence |
| Child custody (minor child in Egypt) | Plaintiff sought physical custody while residing in Egypt | Defendant argued MCL 722.27a(10) prohibits parenting time/custody in non‑Hague countries absent written consent | Affirmed: statute prohibits parenting time in non‑Hague countries absent written consent; court properly denied physical custody to plaintiff in Egypt |
| Spousal support modification (remarriage) | Modification was inequitable; original award appropriate | Sought termination/reduction based on alleged remarriage and changed circumstances | Affirmed: trial court reserved right to modify; it modified award contingent on remarriage; evidence did not show valid foreign remarriage at hearing |
| Discovery sanctions | Sought greater/earlier sanctions for discovery abuses and sale of unit C | Court imposed limited sanctions and handling was adequate | No abuse of discretion: court held multiple hearings, entered orders, and awarded attorney fees for noncompliance; division of proceeds from unit C properly ordered |
| Recognition of foreign marriage (remarriage in Egypt) | Argued plaintiff not remarried legally; Kitab was not sufficient | Asserted Kitab and religious ceremony established marriage under Egyptian law | Trial court’s factual finding upheld: evidence insufficient to show completed, registered Egyptian marriage at time of hearing |
Key Cases Cited
- Reed Estate v Reed, 293 Mich. App. 168 (waiver requires intentional relinquishment of a known right)
- Mouzon v Achievable Visions, 308 Mich. App. 415 (preservation of issues for appeal)
- Richards v Richards, 310 Mich. App. 683 (standards and factors for equitable property division and spousal support)
- Gen Motors Corp v Dep’t of Treasury, 290 Mich. App. 355 (exceptions to preservation when necessary to avoid manifest injustice)
- Duray Dev, LLC v Perrin, 288 Mich. App. 143 (plain-error review for unpreserved issues)
- Loutts v Loutts (After Remand), 309 Mich. App. 203 (change of circumstances required to modify spousal support)
- Traxler v Ford Motor Co, 227 Mich. App. 276 (abuse-of-discretion review for discovery sanctions)
- Wiley v Henry Ford Cottage Hosp, 257 Mich. App. 488 (standard for directed verdict review)
- Diez v Davey, 307 Mich. App. 366 (mixed questions of law and fact review)
- Stankevich v Milliron (On Remand), 313 Mich. App. 233 (recognition of foreign marriages by comity)