McCarthy v. McCarthy

For what is generally thought of as a routine procedure, this case presents us with a complicated fact situation due to the procedural irregularities which resulted in substantive errors.

*107Plaintiff and defendant were divorced by a judgment entered on August 11, 1970, by the Oakland County Circuit Court. The judgment provided that defendant pay $50 per week child support for the minor child of the parties (who was then two years old) until the child attained the age of 18 or until the further order of the court.

On April 12, 1974, plaintiff filed a motion for modification of the judgment to…