Maier v. Brablec

2 Citing cases

  1. Westerhof v. Westerhof

    137 Mich. App. 97 (Mich. Ct. App. 1984)   Cited 11 times

    "The court may, from time to time afterwards, on the petition of either of the parents, revise and alter such decree concerning the care, custody and maintenance of the children, or any of them, and make a new decree concerning the same, as the circumstances of the parents, and the benefit of the children shall require." In Maier v Brablec, 125 Mich. App. 511; 336 N.W.2d 39 (1983), this Court explained that all relevant factors are to be considered in determining whether there has been a change of circumstances sufficient to justify modification of an order granting child support. Relevant factors include the parents' financial statuses, their employment or employability, their health and any other factor or factors which would bear upon their respective earning capacities.

  2. Clarke v. Clarke

    297 Mich. App. 172 (Mich. Ct. App. 2012)   Cited 60 times
    Holding that if a party would receive the same Social Security benefits regardless of when the benefits are received, then absent compelling reasons, the decision to defer the benefits may be deemed a voluntary reduction of income

    According to MCL 552.17(1), a child support order may be modified by the trial court “upon a showing by the petitioning party of a change in circumstances sufficient to justify [the] modification.” Aussie v. Aussie, 182 Mich.App. 454, 463, 452 N.W.2d 859 (1990); see also Maier v. Brablec, 125 Mich.App. 511, 513, 336 N.W.2d 39 (1983) (“A trial court has the statutory power to modify orders for child support upon a showing by the petitioning party of a change in circumstances sufficient to justify modification.”) (quotation marks and citations omitted).