Download Child Support Review

Child Support Review
• Who pays: non-custodial parent
• Who is covered: biological or adopted minior
children; adult disabled children
• How much: determined by formula: Income
Shares
• “Above the Guidelines” cases: courts have
much wider discretion in setting amount of child
support
• Factors that vary the presumptive amount?
e.g., 12-202(a): mort or other pymts for benefit
of child; other children in household
Maryland Approach: Voluntary
Impoverishment
Statute (12-204) : No finding of voluntary
impoverishment unless:
a) Parent caring for child under two
b) Physical or mental disability
Any other situations justify not working or
reducing income?
Very limited: 1) Goldberger v. Goldberger, 624
A.2d 1328 (Md. 1993)(12-201(f))(look at prior
job history, efforts to find employment, job
market, prior support history) 2) Incarceration
How much income to impute: 12-202(f)
A. Establishing Child Support Under Maryland’s
Child Support Guidelines (Income Shares
Approach)
a) Does the guideline look at gross or net income?
§ 12-201(c) & (d) - gross
b) Deductions from income: child support actually
paid for prior children; alimony in current and
prior cases (+/-); health insurance for child
c) The only expenses added to the basic
child support obligation:
Work-related child care
Extraordinary medical expenses
School/transportation expenses in
limited cases
d) Can parents agree to child support below
guidelines?
Walsh v. Walsh, 333 Md. 442 (1994).
(Courts cannot “rubber stamp” agreements;
must justify agreed amount under guidelines
criteria)
Child Support Enforcement
Traditional Methods
1. Criminal prosecution
2. Contempt – Civil/Criminal
New Methods
Automatic Wage Withholding
License Revocation – Driver’s, Professional
Income Tax Refund Intercept
CHILD CUSTODY
Part I
March 4, 2004
Historical Overview of Custody Law
18th – mid-19th
century
present
1830’s
1970’s -
Paternal
Presumption
Maternal
Presumption
Best
Interests
•Father entitled to
all property
• Children = property
• Mothers presumed
to be “natural”
caretakers
• Best int = mother’s
care
• Tender Years
Presumption
• Gender neutral
• Multi-factor
standard
Terminology
Child Custody can be:
Physical – right to physical care and control of
child (shared residence)
Legal – right to make important decisions about
child (educational, medical, religious)
Sole – when either or both types of custody are
awarded to one parent
Joint – when either or both types of custody are
awarded to both parents
A few states (and ALI principles) have moved to
new terminology
• Primary Residential Parent rather than
Custodial Parent
• Right to Access to Children rather than Right to
Visitation with Children
• Parenting Plan rather than Custody and
Visitation Order
• Decisionmaking Process As (or More) Important
than Substantive Law – Mediation vs. Trial
Best Interests of Child Standard
• What factors should the court consider?
• Some factors more important than others?
• Some factors the court should not consider?
Best Interest Standard in MD
• Broad, multi-factor standard drawn primarily
from case law
1. Fitness of parties
2. Character and reputation of parties
3. Preference of child
4. Material opportunities
5. Age and gender of children
6. Residence of parties/opportunities for
visitation
7. Length of separation of parents
Only Statutory Factor:
• Evidence of abuse against the other parent, the
party’s spouse, or any child residing in party’s
household (§9-101.1)