Legal Opinion · Dissent

Ghidotti v. Barber

Michigan Supreme Court

Decided December 28, 1998No. 109112, Calendar No. 11Published

1DissentBoyle, J.

The majority holds that the last provision of subsection I 1 of the Child Support Guidelines Formula Manual categorically precludes *205imputation of income to defendant simply because she is a recipient of means-tested benefits. The majority fails to recognize that the provision is inconsistent with parents’ statutory obligation to support their children. The provision also exceeds the legislatively delegated authority of the manual, because it conflicts with the statutory mandate that the manual, and hence an award of child support, be based on “the actual resources” of the parent. I would hold…

2Cases cited2 opinions

  1. Sword v. SwordMichigan Supreme Court · 1976
  2. Arndt v. BallMichigan Supreme Court · 1953

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