The Michigan Supreme Court reversed the Michigan Court of Appeals and ordered the case remanded for a new trial of the child support payor, Selesa Likine. The Likine Court recognized the applicability of the impossibility defense; provides guidance to the circuit court relative to offers of proof on the issue; and affirmed that felony non support is a strict liability crime.
The companion cases to Likine featured convictions that were not reversed because those defendants did not elect to raise an impossibility defense.
In the future, a child support payor will now be able to offer proof of an impossibility to pay court ordered child support. This showing, however, will need to be coordinated with the family court. An expensive proposition in and of itself.
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Published In: Constitutional Law Updates, Criminal Law Updates, Family Law Updates
Reference Info:Decision | State, 6th Circuit, Michigan | United States
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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