State, Department of Revenue v. Duling

Lizzie Duling and the Department of Revenue (DOR) appeal an order that modified child custody and required Ms. Duling to pay child support to Darnell S. Duling. We reverse because there was no pleading before the trial court seeking such relief.

This marriage was dissolved in Michigan in 1991. The Michigan court awarded Ms. Dul-ing custody of the couple’s two children. Mr. Duling’s child support obligation was allegedly held in abeyance. The record suggests that the support may have been held in abeyance because Mr. Duling was attending school.

After the parties divorced, Ms. Duling moved to…