Legal Opinion · Dissent

Smith v. Smith

Michigan Supreme Court

Decided November 8, 1989No. 81910, (Calendar No. 1)Published

1DissentCavanagh, J.

The majority of the Court has taken an extraordinary step and has declared the "exceptional circumstances” clause of MCL 552.17a; MSA 25.97(1) null and void. In spite of the clear language of the statute, which authorizes circuit courts to order the payment of postmajority child support when exceptional circumstances are present, the majority has held that circuit courts do not have the jurisdiction to award extended parental support for the disabled adult children of divorced parents. The result of this decision is that the financial responsibility of providing for the care of these disabled…

2Cases cited18 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. Cleveland v. United StatesSupreme Court of the United States · 1946
  3. Storey v. Meijer, Inc.Michigan Supreme Court · 1988
  4. Baker v. General Motors Corp.Michigan Supreme Court · 1980
  5. Johnson v. JohnsonMichigan Supreme Court · 1956

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