Adler v Dormio, Docket No 319608, decided March 19, 2015 For Publication is quite an interesting decision. The Court of Appeal held that, under the Revocation of Parentage Act, MCL 722.1431 et seq., ["RPA"] the affiliated father of a child born in 2005 has a right to a hearing in the trial court on remand to determine whether he is entitled to have child support arrearages cancelled upon the finding that he was not the biological father.
Dormio sought relief under MCR 2.612(C)(1)(f). He requested cancellation of any support not owed to the State of Michigan. [The arrearages exceeded $45,000, and only $300 was owed to the state.]
RPA, among other things, permits an man found by a court to have fathered a child out of wedlock “whose paternity was determined based on the affiliated father’s failure to participate in the court proceedings” to “file a motion with the court that made the determination to set aside the determination.” MCL 722.1439(1), 1443(2)(b). The time limit within which to file a motion is within 3 years after the child's birth or within 1 year after the date of the order of establishing parentage. The father here filed within 1 year of the enactment of RPA (June 12, 2012), a "savings clause" that has now lapsed.
Interestingly, the COA here said: "Typically, a motion under MCL 722.1439 must be filed within 3 years after the child’s birth or one year of the order of filiation, whichever is later. MCL 722.1439(2). [Emphasis added] [Do you begin to get the feeling that there is another means of seeking relief?]