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Smith v. Smith

Court of Appeals of Michigan

May 16, 2019

Allen SMITH, Plaintiff-Appellant,
v.
Robin SMITH, Defendant-Appellee.

         Submitted May 8, 2019, at Detroit.

Page 717

          Oakland Circuit Court, Family Division, LC No. 2015-833193-DO, Victoria A. Valentine, J.

          Brooke L. Archie for Allen Smith.

         Robin Smith in propria persona.

         Before: Redford, P.J., and Markey and K. F. Kelly, JJ.

         OPINION

         Markey, J.

         [328 Mich.App. 281] In this postjudgment litigation, plaintiff appeals by leave granted the trial courtÂ’s order denying his motion to modify spousal support that had been awarded to defendant pursuant to a consent judgment of

Page 718

divorce. We reverse and remand for further proceedings.

          In April 2016, a consent judgment of divorce was entered, and the judgment provided, in relevant part, as follows:

The Plaintiff is not awarded spousal support and his claim for spousal support is forever barred. The Defendant is awarded spousal support for $ 2,500.00 per month. This amount shall terminate upon death, remarriage or a showing of a change in circumstances ....
This Judgment incorporates the Uniform Spousal Support Order [USSO] which was entered at trial, by consent of the parties, on March 31, 2016 ...

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