Sally Ann Beauchamp v Ronald Robert Beauchamp
Unpublished: October 23, 2018
No. 340792
Delta Circuit Court
LC No. 16-023178-DO

 

In Beauchamp v Beauchamp, the Husband was deriving income from illegally selling marijuana. Trial court awarded spousal support based on income derived from the marijuana income. Defendant appealed that court couldn't base spousal support on his illegal income. Court of Appeals affirmed the award.

Defendant asserts that he is unable to legally profit from the growth and sale of marijuana under the MMMA. In this regard, defendant appears to be correct. See MCL 333.26424(f) (“A registered primary caregiver may receive compensation for costs associated with assisting a registered qualifying patient in the medical use of marihuana.”).

Defendant contends that, because it would be illegal to profit from the sale or exchange of medical marijuana, it was unlawful for the trial court to award plaintiff spousal support on the basis of income that defendant may have obtained via such illegal activity.

The essence of defendant’s argument is that the trial court effectively required him to participate in illegal activities in order to meet his spousal support obligations. On this point, the Court of Appeals disagreed.

This case does not involve a situation, as defendant argues, where the trial court has effectively ordered him to engage in unlawful activities. Indeed, the legality of defendant’s annual earnings is entirely irrelevant.