Child Support in Maryland – It’s A Child’s Right

We recently covered a story about spousal support guidelines and states that are using them to replace what was traditionally deemed alimony. Similar to child support guidelines, they are based on a mathematical calculation of economic means with the monied spouse making financial contributions to the household of the non-monied spouse for a specific amount of time. In Maryland, if the court awards child custody to one parent, the court will almost certainly require that the other parent pay child support. The question is how much child support will the court award? It depends on the following:

The court calculates the child support amount using a formula called the Maryland Child Support Guidelines Formula.  This formula is somewhat complicated, but generally it requires only a few numbers.  First, it requires the income of each parent. Second, it requires the healthcare expense and daycare expense for the children, and it requires any extraordinary medical expenses for the children.  Based on these few numbers, the court uses the formula to arrive at a child support amount that the non-custodial parent will have to pay.

Child support is not intended to benefit the custodial parent. Instead, the family law courts view child support as a child’s right not the custodial parent’s. While it may seem that an ex-spouse is the one who mainly benefits from child support payments (especially in cases where the awards are many thousands of dollars per month), that really isn’t or shouldn’t be the case. This isn’t like alimony where the couple’s standard of living is at issue. This is about providing enough money for the child’s expenses. In a case in which the parties have a combined income that exceeds $15,000 per month, the court has the ability to consider the parties’ financial circumstances and decide on an appropriate child support amount.  But even in this case, the court will likely use the formula as a guide in reaching its decision.

Of course the parties are always free to agree to an amount GREATER than the court’s award, and that does happen, sometimes. But they cannot agree to a lesser amount no matter how unfair the paying party thinks the child support award is. Child support is often a contentious subject and regularly requires the assistance of legal counsel. An attorney can assist in establishing the income amounts, the expenses related to the children, and the few other factors that go into the formula. These amounts are often subjective and open to argument, and an attorney can assist to ensure that the figures are determined in a way that is favorable to you. But always remember it’s the child’s right to receive monetary support from its parents. That’s one thing you can never change.

Paternity Case Against “The Bieb”

Last week’s family law news in America was dominated by two celebrity stories. First, Kim Kardashian filed for divorce a mere 72 days after her $10 million wedding. Then came the second big case which was a paternity action filed against teenage singing phenom Justin Bieber, AKA “The Bieb”. The Bieb’s zillions of fans reacted swiftly and social networks and news outlets were flooded with outraged commenters who couldn’t wait to shred apart the accuser Mariah Yeater. Even a death threat or two have been reported which is actually nothing new for The Bieb’s fans. Yes the tweeners do seem to get out of control!

Now there are reports that a leader in the Father’s Rights movement, Chicago attorney Jeffery Leving has joined Ms. Yeater’s legal team. A huge move in this case since Bieber’s attorneys, according to TMZ, have already announced their intent to “make an example” of Ms. Yeater by filing a defamation suit against her when the DNA test results prove that Mr. Bieber is not the father of her young son.

“Sources say Bieber and his team think it’s important to file a lawsuit against Yeater to show there are consequences when somebody trumps up phony, hurtful allegations against a celebrity.”

What’s the role of the court in this case? Right now not much if it’s true that Justin Bieber will voluntarily take the DNA test when he returns to Los Angeles from his trip to Europe.

“The judge has to weigh two things: Bieber’s right to privacy versus the child’s right to know who the father is,” Los Angeles family law attorney Steve Mindel, who is not involved with the case, told People Magazine. “Unless the judge thinks the woman made everything up, the court will likely order the test as the quickest resolution.”

The plot thickens yet again with these comments from Ms. Yeater’s ex-boyfriend, John Terranova, who thinks the whole thing is a “scam.”

Terranova told the New York Post that Yeater had previously accused him of being the father of her baby, a claim he said was “impossible” due to the timing of their relationship and when she got pregnant.

“I know it’s not Justin Bieber,” Terranova said. “She just wants money. It’s a scam.”

Nonetheless, Yeater’s lawyers said in a statement last week that they have “credible evidence” Bieber is the father. The lawyers add, “The paternity suit was filed in good faith and it will continue despite the threats.”

The bottom line is that the child has a right to know who his father is and a DNA test is the next step. If you have a paternity issue in Maryland that you would like to discuss, please call the Patrick Crawford family law firm in Annapolis. We offer a free 30-minute consultation where we can discuss the details of your case and help you to decide your course of action.

Spousal Support Guidelines

The Commonwealth of Massachusetts did it over the summer. Now, the State of West Virginia is contemplating it. For divorcing couples in these states, it’s time to say goodbye to awards of lifetime alimony and hello to new spousal support guidelines.

The spousal support guidelines, similar to child support guidelines, are based on a mathematical calculation of economic means. In the past, spousal support or alimony was often granted long-term when one spouse (usually the wife) was unable to find gainful employment. Societal demands on the earning spouse (usually the husband) dictated supporting the non-earning spouse until retirement income or remarriage satisfied the financial burden. Spousal support guidelines will now calculate how much financial aid a spouse is to receive and for how long based solely on the numbers. And, living with a romantic partner will now satisfy the remarriage requirement to justify termination of spousal support.  It’s a new world in some divorce courts.

Some parties believe it’s a huge step in the modernization of marital law in the US. As the proponents explain it, since women have equal opportunities as men in the workplace there’s no longer a systemic need for financial support of women for very long a time period after a divorce. They do concede that it often does take time for an unemployed spouse to find a job and settle into a gainful career. Minor children complicate the situation but the rules about child support go unchanged.

Opponents of these alimony-busting laws claim they are an attack on women and children with children being the most devastated casualties. Without long-term alimony, they argue, a women is forced to work long hours outside of the home which deprives children of essential care that hampers their growth and development. Again, child support is not the issue. The family law courts continue to view child support as a child’s right not the custodial parent’s. But by forcing a custodial parent to work full-time jobs in lieu of alimony is viewed by some as detrimental to a child and not in a child’s best interest.

Which side are you on in this marital law debate? Is this good for gender equality or bad for families?

Child custody and support jurisdiction in Maryland

In Maryland, as in other states, the Court cannot touch the issue of child custody and child support unless it has something called “jurisdiction”.  This is so even if a person files otherwise correct paperwork and pays the correct filing fee.  Jurisdiction can be thought of as the authority of the court to address the particular issue being raised.  The court cannot address an issue like child custody, child support, or anything else for that matter, unless it has jurisdiction, or authority, granted to it by the law.

So when does the court have jurisdiction to address child custody and child support?  The laws regarding jurisdiction are different for the two.

On the issue of child custody, the issue of jurisdiction is fairly complicated.  It isn’t necessary to outline the law in detail here because the purpose of this post is to provide a general understanding.   It suffices to say that, basically, jurisdiction on the issue of child custody is governed by the residence of the child.  In most cases, a Maryland court has jurisdiction to award custody only of a child whose home state is Maryland.  If the child’s home state is a state other than Maryland, the courts of Maryland will be unable to hear the case and may dismiss it.  A child’s home state is that state in which the child most recently lived for at least six months.  If no state qualifies, then the question becomes more complicated and other rules apply.

Jurisdiction for child support purposes is different than for child custody.  While jurisdiction for child custody purposes usually lies in the state in which the child resides, jurisdiction for child support purposes lies in the state in which the paying parent resides.  The only complication that may occur is when the child custody case occurs in a state that is different than the state in which the paying parent resides.  In such a case, the court hearing the custody case may not have jurisdiction to hear the child support matter.  Even if it does hear the child support matter, that state will not have authority to enforce the child support in the payer’s home state but will have to later enroll the case in the state of the paying parent.  As a result, the parties often find it simplest to adjudicate the child support issue separately in the state in which the paying parent lives.

What if the other parent is unemployed?

In the process of calculating child support, the problem often arises that one
of the parents is unemployed.  That is, the parent has no income for the court
to enter into the Maryland Child Support Guidelines Formula.

In such a case, does the court enter “0″ for that parent in the income field?
That depends.

If the parent is caring for a child of the parties, and that child is
under two years of age, than the court will enter “0″ for that parent’s
income.  In addition, if the court concludes that the parent is actually and
reasonably unable to work for reasons beyond that parent’s control, than the
court will likely enter “0″ for that parent’s income.

But if the parent is not caring for a child of the parties who is under two years of
age, and if the parent is able to work, then the court may very well attribute income to
that parent even if he or she isn’t actually working.  In other words, if the
parent is unemployed but is actually able to work, then the court may likely
determine the amount of income that he or she is reasonably able to make and
enter that amount into the income field of the formula.  The amount may be
minimum wage, or it may be something higher.  Whatever the amount is, the amount
is called an imputed amount.  It is imputed because the court recognizes that
the parent isn’t actually earning that amount but is merely ABLE to earn it.

The parent to whom the court inputes an income will have to pay child
support in the amount determined by the forumula into which the imputed income
was entered, even if that parent lacks actual income.  If the parent does not
pay the child support amount, than a child support arrearage will accumulate
which the parent will have to pay at a later time.

How much child support will I have to pay?

In Maryland, if the court awards child custody to one parent, the court will
almost certainly require that the other parent pay child support.

How much child support?

That depends.  The court calculates the child support amount using a formula called
the Maryland Child Support Guidelines Formula.  This formula is somewhat complicated,
but generally it requires only a few numbers.  First, it requires the income of each parent.
Second, it requires the healthcare expense and daycare expense for the children, and it requires
any extraordinary medical expenses for the children.  Based on these few
numbers, the court uses the formula to arrive at a child support amount that the
non-custodial parent will have to pay.

Unfortunately, the court rarely has the ability to change the child support amount that the formula
generates to accommodate individual circumstances.  For instance, one parent may believe that
the formula is unfair because he or she has too many other bills and cannot
afford the child support amount that the formula gives.  Unfortunately, the
court is not permitted to consider other financial circumstances beyond those
that the formula uses, and that parent will be forced to make tough decisions to
be able to make the child support payments.

The only exception to this rule is in a case in which the parties have a combined income that
exceeds $15,000.00 per month.  In such a case, the court has the ability to consider the
parties’ financial circumstances and decide on an appropriate child support
amount.  But even in this case, the court will likely use the formula as a guide
in reaching its decision.

Despite the court’s use of the formula in establishing child
support, an attorney can be very useful in a child support case.
An attorney can assist in establishing the income amounts, the expenses
related to the children, and the few other factors that go into the formula.
These amounts are often subjective and open to argument, and an attorney can
assist to ensure that the figures are determined in a way that is favorable to
you.