Recent Michigan Court of Appeals Decision

15 August 2017
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Category: Blog
15 August 2017, Comments: 0

In a published opinion (Docket No. 329993)  the Michigan Court of Appeals  affirmed the Lenawee Circuit Court’s (Connie Joughin v. William Joughin) decision to reject Defendant’s objections to Plaintiff’s submission of a proposed Qualified Domestic Relations Order (QDROs) approximately12 years after the judgment of divorce, based upon his argument that entry was barred by the statute of limitations   MCL 600.5809(3). (More than 10 years had elapsed since the trial court entered the judgment of divorce.)

The Michigan Court of Appeals held because entry of a proposed QDRO is not an enforcement of a noncontractual money obligation, the 10-year period of limitations provided in MCL 600.5309(3) does not apply, and plaintiff’s request to have the proposed QDRO entered by the trial court was not time-barred.

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