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Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

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616-608-4634

  • Home
  • About Laurie Schmitt
    • About Laurie Schmitt Attorney
    • Honors and Awards
  • Divorce
    • Separate Maintenance
    • Spousal Support and Modification
  • Family Law Services
    • Child Custody
    • Paternity
    • Change of Domicile
    • Child Support
    • Post-Judgement Modification
    • Enforcement of Court Orders
    • Limited Scope Services
    • Uncontested Divorces
  • Alternative Divorce Options
    • Mediation
    • Collaborative Divorce
    • Uncontested Divorce Process
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Spousal Support Award based on income from illegal marijuana sales upheld by Court of Appeals

October 23, 2018 By Laurie Schmitt

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Unpublished: October 23, 2018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 marijuana.”).

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.

For assistance with your spousal support issue, contact me, Laurie Schmitt, at Schmitt Law, PLLC.  I am an Attorney, Mediator, and Collaborative Divorce lawyer.

Filed Under: Financial Issues Tagged With: Spousal Support

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Laurie K. Schmitt
Attorney, Mediator, and Collaborative Lawyer

401 Hall Street SW
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Grand Rapids, MI 49503

Phone: 616-608-4634

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Laurie Schmitt of Schmitt Law, PLLC is a West Michigan family law attorney specializing in collaborative divorce as well as separation, divorce, child custody and support, paternity, and other family law litigation. She is licensed by Michigan State Bar and the U.S. District Court for the Western District of Michigan, and has extensive advanced training in divorce mediation and collaborative divorce.

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