DAD GETS YOU TO PAY FOR THE BIRTH OF HIS CHILDREN

YOU AND FAMILY LAW!

Issues brought to you by Terry Ray Bankert, Flint Family Law Attorney, Lawyer, specializing in divorce, child custody, child support, parenting time and grand parents rights.

WHAT

1.Whether the Berrian County Family Court was wrong when it denied the defendant-father's motion to stop the pregnancy and confinement ( doctor and hospitalization cost of child birth) expenses in connection with the birth of four children, these kids were not born at once; Analysis of MCL 722.712(4) and (5); Lesner v. Liquid Disposal, Inc.; Jordin v. Jarvis;

2.Whether the amended statute applied to the parties who were married before the amendment became effective; Tyson Foods, Inc. v. Department of Treasury

THIS IS A PUBLISHED OPINION AND MAKES IT THE NEW LAW OF THE LAND EFFECTIVE AT 9 A.AM 9/17/09

Court: Michigan Court of Appeals (Published),Case Name: Booker v. Shannon
N0.284937 Berrian Circuit Court,LC No. 1991-004064-DS,e-Journal Number: 43758
Judge(s): Per Curiam - Servitto, Fitzgerald, and Bandstra.

THE LAW IS THREE THINGS, FEDERAL , STATE STATUTE AND LOCAL ORDINANCES, MICHIGAN COURT OF APPEALS OPINIONS ,SUPREME COURT OPINIONS AND ITS INTERPRETATIONS BY INDIVIDUAL LOCAL JUDGES. WHO YOU ELECT TO A JUDGESHIP IS IMPORTANT TO YOU.

Deciding an issue of first impression, the court held since MCL 722.712(5) places fathers who had an order providing for the payment of confinement and pregnancy expenses entered before October 1, 2004 (effective date of amendment), on the same footing as those whose order was entered after that date, the defendant-father (Shannon) was entitled to abatement of the unpaid confinement and pregnancy expenses based on the plain language of MCL 722.712(4) and (5).

BACKGROUND

The case involved the payment for the hospital confinement and pregnancy expenses in connection with the births of four children.

UNMARRIED WHEN THE CHILDREN WERE BORN, MOM ON MEDICAID PUBLIC HEALTH CARE THAT YOU PAY FOR.

The parties were unmarried, the mother (plaintiff-Booker) was on Medicaid when all the children were born, and Medicaid paid the expenses.

DAD DID NOT WORK MUCH AND LIVED OFF MOM THROUGH THE BIRTH OF THREE CHILDREN

It was undisputed defendant has worked only sporadically and has lived with plaintiff and the children from shortly after the birth of the first child until the present (except for a couple of two-month absences through the years).

DAD ORDERED TO PAY THE STATE OF MICHIGAN BACK THE MONEY IT SPENT ON THE CHILDREN, GOOD THING.

Defendant was ordered to repay the expenses in connection with the children's births and over the years he paid $1,207. The parties were married in May 1997.

10 YEARS LATER DAD TRYS TO GET OUT OF PAYING US OUR TAX MONEY USED TO PROTECT HIS CHILDREN BACK BECAUSE YOUR STATE LEGISLATURE GAVE HIM AN OUT.!

Ten years later, defendant moved to abate the remaining expenses (about $8,288) based on MCL 722.712.

THE PROSECUTOR TRIED TO LIMIT WHAT DAD COULD GET OUT OF.

The prosecutor acting for the county, argued because the marriage must occur after the effective date of the amendatory act, defendant was not entitled to the abatement of the unpaid expenses.

THE BERRIAN COUNTY COURT TRIED TO HELP THE PROSECUTOR

The trial court agreed.

THEY WERE WRONG

The plain language of § 712(4) clearly provides an order for repayment of the expenses shall provide if the father marries the mother after the birth of the child and provides documentation of the fact, the unpaid expenses are abated. The plain language of § 712(5) clearly provides although sections 4 and 5 were not effective until October 1, 2004, orders entered before that date are also subject to abatement "if the father marries the mother." "Simply put, MCL 722.712(5) places fathers who had an order providing for the payment of confinement and pregnancy expenses entered before October 1, 2004, on the same footing as fathers who had an order entered after October 1, 2004."

MICHIGAN COURT OF APPEALS TELLS THE BERRIAN CIRCUIT COURT TO GO BACK AND DO IT RIGHT.

Reversed and remanded for entry of an order abating defendant's unpaid confinement and pregnancy expenses.

This case presents an issue of first impression in Michigan.

MCL 722.712 provides, in pertinent part:

(1) The parents of a child born out of wedlock are liable for the necessary support
and education of the child. They are also liable for the child's funeral expenses.
Subject to subsections (2) and (3), based on each parent's ability to pay and on
any other relevant factor, the court may apportion, in the same manner as medical
expenses of the child are divided under the child support formula, the reasonable
and necessary expenses of the mother's confinement and expenses in connection
with her pregnancy between the parents and require the parent who did not pay
the expense to pay his or her share of the expense to the other parent.

Reversed and remanded for entry of an order abating defendant’s unpaid confinement and
pregnancy expenses.

Posted here by

Terry Bankert
http://www.flintfamilylaw.com/