NORMAN D. SHINKLE, Plaintiff-Appellant, v LINDA K. SHINKLE, Defendant-Appellee., 255 Mich. App. 221

Summary

After the parties divorced and the ex-wife remarried, a change of custody was ordered that resulted in split custody of the parties' two sons. As child support was being modified, the ex-husband learned that the ex-wife received, as part of an antenuptial agreement, a $ 50,000 monthly allowance from her new husband, purportedly to cover household expenses. Thereafter, the ex-husband sought to compel the production of the agreement to determine whether any money she received thereunder could be considered income for purposes of child support. The trial court denied the motion, but the court reversed on appeal. The court found that the agreement was relevant for the purposes of determining the ex-wife's income under the child support formula. Whether the money received by the ex-wife under the agreement was income that rendered the support formula unjust required consideration of the terms under which the money was received. Thus, the court found that the agreement was subject to limited...