Child Support Review

1. 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

2. 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)

3. Establishing Child Support Under Maryland’s Child Support Guidelines (Income Shares Approach) • 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

4. c) The only expenses added to the basic child support obligation: Work-related child care Extraordinary medical expenses School/transportation expenses in limited cases

5. d) Can parents agree to child support below guidelines? Walsh v. Walsh, 333Md. 442 (1994). (Courts cannot “rubber stamp” agreements; must justify agreed amount under guidelines criteria)

6. Child Support Enforcement Traditional Methods • Criminal prosecution • Contempt – Civil/Criminal New MethodsAutomatic Wage WithholdingLicense Revocation – Driver’s, ProfessionalIncome Tax Refund Intercept

7. CHILD CUSTODY Part I March 4, 2004

8. Historical Overview of Custody Law 18th – mid-19th 1830’s 1970’s - century present Paternal Maternal Best Presumption Presumption Interests • Mothers presumed • to be “natural” • caretakers • Best int = mother’s • care • Tender Years • Presumption • Father entitled to • all property • Children = property • Gender neutral • Multi-factor • standard

9. 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

10. 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

11. Best Interests of Child Standard • What factors should the court consider? • Some factors more important than others? • Some factors the court should not consider?

12. 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

13. 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)