James Ghidotti v. Brenda Barber

Order On order of the Court, the motion to waive fees is considered, and it is GRANTED. The application for leave to appeal also is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals as on leave granted. We encourage that court to consider whether the state and federal statutes and cases cited by the defendant suggest that it may be inappropriate to utilize the imputation of income theory on the facts of this case. If, in the course of reviewing this dispute, the Court of Appeals concludes that a further factual record in the trial court would be helpful, then the Court of Appeals may appropriately direct such further remand proceedings. The motion for peremptory reversal is DENIED as moot. We do not retain jurisdiction.