Robinson v. Harris, Docket No. 77-1799
| Decision Date | 07 November 1978 |
| Docket Number | Docket No. 77-1799 |
| Citation | 87 Mich.App. 69,273 N.W.2d 108 |
| Parties | Marjorie A. ROBINSON, Plaintiff-Appellee, v. Lee D. HARRIS, Defendant-Appellant. |
| Court | Court of Appeal of Michigan — District of US |
Gordon Knox, Detroit, for defendant-appellant.
Joseph F. Chiesa, Detroit, for plaintiff-appellee.
Before KAUFMAN, P. J., and BEASLEY and MAHINSKE,* JJ.
This appeal arises from an order of support entered by the trial court against the defendant.
The facts indicate that over the course of years following the divorce between the defendant and the plaintiff, the children of that former union, in the custody of the mother, became increasingly embittered toward their father. Matters have now reached a state where any meaningful relationship between the father and his children is virtually impossible. The defendant claims that under such circumstances, where the plaintiff has taken from him all the benefits of fatherhood, the defendant should not be burdened with the obligations of that position. He thus objects to the entry of a court order requiring him to pay child support.
While we can understand defendant's disinclination to support children with whom he cannot establish a meaningful relationship, we must reject his contention that his obligation to pay child support has been abrogated. Defendant's obligation to make child support payments is independent of his right to visit the children. See Kane v. Kane, 241 Mich. 96, 100, 216 N.W. 437 (1927); Henshaw v. Henshaw, 83 Mich.App. 68, 268 N.W.2d 289 (1978); Stevenson v. Stevenson, 74 Mich.App. 656, 658 n. 1, 254 N.W.2d 337 (1977). See also People v. Faculak, 325 Mich. 56, 59, 37 N.W.2d 709 (1949).
Defendant has cited some cases which have held that support payments may be suspended or cancelled to punish the wrongful conduct of the custodial parent or to force compliance with court orders regarding visitations. See Pronesti v. Pronesti, 368 Mich. 453, 118 N.W.2d 254 (1962). Neither of these considerations is now in issue.
The custodial parent, the mother in this case, is receiving aid from the State of Ohio for the support of her minor children. Under the Uniform Reciprocal Enforcement of Support Act, adopted in both Ohio and Michigan, the State of Ohio is entitled to reimbursement from a person liable under a proper order of support where the State has itself made support payments. M.C.L. § 780.159; M.S.A. § 25.225(9). Thus, the real party in interest on the side of the plaintiff is the State of Ohio. Whatever ...
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