Michigan Supreme Court

Crego v. Coleman

July 31, 2000463 Mich. 248

Summary

The Michigan Supreme Court held that the repealed statutory provision allowing court-approved, nonmodifiable child-support agreements in unresolved paternity actions did not violate equal protection. The provision was rationally related to the legitimate objective of securing support for children whose paternity might be difficult to prove and, alternatively, substantially related to the important objective of providing support to children born out of wedlock. Justice Kelly, dissenting, and Chief Justice Weaver, dissenting, would have held that the statute discriminated on the basis of illegitimacy and violated heightened equal-protection scrutiny.

Holding

  • Constitutionality of nonmodifiable support agreements in unresolved paternity actions. The challenged provision did not violate equal protection, whether characterized as distinguishing between children whose paternity had or had not been legally established or as distinguishing between legitimate and illegitimate children. Under rational-basis review, the provision was rationally related to securing support for children whose paternity was difficult to prove; under heightened scrutiny, it was substantially related to the important governmental objective of providing support to children born out of wedlock.

Docket 113485, Calendar No. 4

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