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STATE OF MICHIGAN
COURT OF APPEALS


MELEAH KAYE MASON BHAGAT, Plaintiff-Appellee, v HEEMANSHU M. BHAGAT, Defendant-Appellant.

UNPUBLISHED January 16, 2001

No. 218352 Lenawee Circuit Court LC No. 97-018805-DM

Before: Markey, P.J., and Whitbeck and J. L. Martlew*, JJ. PER CURIAM. Defendant appeals by leave granted from the trial court order that increased his child support obligation from $44 a week to $295 a week. We reverse and remand. We decide this appeal without oral argument pursuant to MCR 7.214(E). I. Basic Facts And Procedural History Defendant was the vice-president and dean for student affairs at Adrian College for approximately three years, earning an annual salary of $57,100. He worked under a year-to-year, at-will contract. In March 1997, defendant had a violent dispute with plaintiff, his wife, resulting in domestic abuse charges against him. After the incident was publicized locally, Adrian College placed defendant on paid administrative leave until his contract expired on June 30, 1997, at which time it did not rehire him. Because of the negative publicity surrounding the domestic abuse case, defendant was apparently given the choice of being fired or resigning; he chose the latter. Defendant ultimately pleaded nolo contendere to a disorderly conduct charge with the matter being "deferred" so that no conviction was entered. After defendant's contract with Adrian College was not renewed in July 1997, he obtained unemployment benefits of $300 per week for a period of about three months. The parties' divorce judgment, entered on March 6, 1998, required defendant to pay $44 per week in child support for the parties' two very young children. This support obligation was based on the amount of defendant's unemployment benefits.

* Circuit judge, sitting on the Court of Appeals by assignment. -1

Defendant began searching for new employment shortly after Adrian College placed him on administrative leave. By early November 1998, he had circulated about thirty r

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