Macomb County Department of Human Services v. Anderson
304 Mich. App. 750
| Mich. Ct. App. | 2014Background
- DHS and Jessica Glambin filed a verified complaint for child support under the Family Support Act against Keith Anderson, asserting paternity and his ability to pay.
- A default was entered against Anderson for his failure to respond to the complaint, and DHS moved for a default judgment of support.
- At the evidentiary hearing, Glambin and Anderson failed to appear; the court denied the request to enter a support order and dismissed the matter without prejudice.
- Plaintiffs moved for reconsideration, arguing Glambin’s presence was not required under MCL 552.452; the court denied the motion.
- The trial court interpreted MCL 552.452(1) and (4) to require a custody dispute to be determined before a support order could be entered, and found no custody dispute due to Glambin’s absence.
- The opinion concludes that the custody dispute was not in issue, the allegations were admitted by default, and the dismissal was error; the matter is vacated and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal for failure to appear was proper | Glambin not required to appear; default admitted; dismissal was erroneous. | Court may exercise discretion and require appearance as a condition for entering a default order. | Abused discretion; dismissal reversed and remanded. |
| Whether MCL 552.452 allows entry of a support order despite custodial absence | Presence of custodial parent not required; statute permits entry on admitted allegations. | Custodial presence may be necessary to determine support and custody terms. | Statute permits entry without custodial appearance; error to dismiss. |
| Whether there was a custody dispute affecting the order | Custody not in dispute; default admits no dispute. | Custody status could influence the order and proceedings. | No custody dispute; order should be entered consistent with default. |
Key Cases Cited
- Arnett v. Arnett, 98 Mich App 313 (1980) (prosecutor’s form complaint; holding that custody status may be unresolved yet support may be awarded)
- Wood v. DAIIE, 413 Mich 573 (1982) (default questions liability and admissibility of allegations)
- LME v. ARS, 261 Mich App 273 (2004) (statutory framework permitting action against noncustodial parent when child is on public assistance)
- Serafin v. Serafin, 401 Mich 629 (1977) (custody and parental rights considerations in support actions)
- Petipren v. Jaskowski, 494 Mich 190 (2013) (statutory interpretation guiding application of support statutes)