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In 1991, petitioner appealed the Judgment of Divorce to the
Michigan Court of Appeals (court of appeals) on the grounds that
the alimony granted by the trial court was in excess of the
alimony requested by Frances Ryan. In the divorce proceedings,
Frances Ryan had asked for alimony for a term of 8 years, yet the
Judgment of Divorce provided alimony until Frances Ryan's death
or a substantial change in circumstances.
The court of appeals rendered a per curiam opinion dated
May 8, 1991, finding that the trial court's alimony award was
improper and remanded the matter to the trial court "for
modification of the divorce judgment to reflect an alimony award
of $250 a week for eight years."
Petitioner subsequently filed a motion for clarification
with the court of appeals, which was dismissed because it was not
timely filed. The trial court did not amend the Judgment of
Divorce pursuant to the court of appeals' opinion.
Frances Ryan did not include payments from petitioner in
1991, 1992, and 1993 as income. Although she did not testify at
trial, the record reflects that she treated the court of appeals'
opinion as having specifically removed the termination-upon-death
provision contained in the original Judgment of Divorce.
Petitioner, on the other hand, treated the payments as though a
termination upon death provision was still in effect and the
payments were alimony for a term of 8 years.
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