CINDY N ANDERSON V KEN ANDERSON
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STATE OF MICHIGAN
COURT OF APPEALS
CINDY N. ANDERSON,
UNPUBLISHED
July 7, 2000
Plaintiff-Appellee,
v
No. 213547
Oakland Circuit Court
LC No. 95-509852-DM
KEN ANDERSON,
Defendant-Appellant.
Before: Jansen, P.J., and Hood and Saad, JJ.
MEMORANDUM.
In this divorce matter, defendant appeals as of right from an amended post-judgment order that
divided the net proceeds of the sale of the marital home and that awarded plaintiff an amount of alimony
in gross. We affirm.
Contrary to defendant’s argument, we find that the trial court did in fact address the attorney fee
lien issue in its opinion and order, albeit not specifically in the context of the division of the home sale
proceeds. Instead, in analyzing the equities of an award of spousal support, the court expressly
recognized that (1) the amount of the attorney fee lien was $115,000, (2) a “substantial portion of
defendant’s income may have been used” to pay attorney fees in the civil lawsuit, (3) neither party
produced records to show the amount billed and the amount paid, (4) “defendant remains responsible”
for payment of attorney fees resulting from the civil litigation, and (5) plaintiff’s obligation regarding the
lien had been discharged in bankruptcy. We further note that the real estate closing statement, signed
by defendant, indicates that the attorney fee lien was discharged for the amount of $50,000.
Accordingly, given defendant’s failure to demonstrate that the $50,000 payment did not operate as a full
discharge of the lien, and the trial court’s unambiguous ruling that defendant remained liable for the
payment of any attorney fees resulting from the civil litigation, we reject defendant’s argument on appeal.
Affirmed. Plaintiff may tax costs pursuant to MCR 7.219.
/s/ Kathleen Jansen
/s/ Harold Hood
/s/ Henry William Saad
-1
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