An interesting case was decided by the Michigan Court of Appeals on March 20, 2007. The court of appeals affirmed the trial court's decision to base the child support award on the sole custody formula and to modify the custody award from joint custody to sole custody with the mother.
In this case, the parties agreed to joint custody with a week on / week off pattern of custody. But the evidence showed that the father exercised "substantially less" than 128 overnights -- the threshold that permits his support obligation to be calculated using the Shared economic responsibility formula. With this evidence, the court of appeals affirmed the trial court's rulings giving the mother sole physical custody and calculating child support according to the sole custody formula. Financial reality sets in, hmmm?
The case is Stephenson v Stephenson.
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