In a divorce action filed almost ten years after a Consent Judgment of Separate Maintenance was entered including an order to sell the marital home and non-modifiable alimony payments, the Court of Appeals held that the parties’ agreements in the separate maintenance action were binding on the Trial Court in entering a subsequent Judgment of Divorce, except on issues where the parties both requested modification.

The Michigan Court of Appeals has ruled the Oakland County trial court improperly granted an ex-husband’s motion to “clarify” the parties’ judgment of divorce because, in doing so, the trial court actually modified the judgment, thereby affecting the parties’ substantive rights.

The trial court erroneously referred this custody case to the Friend of the Court without first determining whether there was proper cause or a change in circumstances that necessitated a review of custody and parenting time, the Michigan Court of Appeals has ruled.