MALONE v. MALONE

Docket No. 272327.

761 N.W.2d 102 (2008)

279 Mich. App. 280

MALONE v. MALONE.

Court of Appeals of Michigan.

Decided June 3, 2008, at 9:05 a.m.


Attorney(s) appearing for the Case

Richard Smutek, Warren, for the plaintiff.

Mary Beth Leija and Scott Bassett for the defendant.

Before: TALBOT, P.J., and ZAHRA and METER, JJ.


ZAHRA, J.

Plaintiff appeals by leave granted the circuit court's order vacating defendant's outstanding child-support arrearage of $5,647.27. This case requires us to determine whether MCR 2.612, the relief-from-judgment court rule, may be used to set aside accrued child support. We hold that under the facts presented in this case, MCR 2.612 cannot be so used. MCL 552.603 expressly provides that a child-support order is not subject to retroactive modification except...

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