The Child Support Administration is required by law to review the Child Support Guidelines every 4 years to ensure that application of the Child Support Guidelines results in appropriate child support awards. The Child Support Administration must report its findings and recommendations to the General Assembly. During the 2020 Legislative…
Articles Posted in Child Support
I’ve lost my job due to COVID-19 and can’t afford to pay child support
Many parents have lost their jobs as a result of the COVID-19 pandemic. With the closure of non-essential businesses and the government recommendation to stay at home, some parents are not able to find work. A court-ordered obligation to pay child support does not automatically stop because of a job…
Do you have an above the guidelines child support matter? Another case to consider
Maness remains precedent in above the guidelines cases. Maness v. Sawyer, 108 Md. App. 295 (2008). In Maness, the Court of Special Appeals, again, reviewed an above-the-guidelines case. The father’s monthly actual income was $7,833 and the mother’s monthly actual income was $8,333, totaling a combined monthly income of $16,166. …
Do you have an above the guidelines child support matter? Another case to consider
Bagley remains precedent in “above-the-guidelines” cases Bagley v. Bagley, 98 Md. App. 18 (1993) In Bagley, the Court of Special Appeals was asked to review the findings and recommendations of a Domestic Relations Master which were adopted by the Circuit Court for Montgomery County. This case, like Voishan and your…
Do you have a child support matter that is above the guidelines? A case to consider
Voishan remains precedent in “above-the-guidelines” cases. Voishan v. Palma, 327 Md. 318 (1992). In Voishan, the Court of Appeals addressed a mother’s Motion to Modify Child Support. The trial court granted the mother’s motion and ordered the father to double the amount of support he was paying for the parties’…
What happens now to the children of same-sex married couples when their parents’ divorce?
Now that the same-sex marriage legislation has been approved by the voters of the State of Maryland, we thought it would be a good idea to re-visit the issues surrounding the children of same-sex couples. If you are a frequent reader of our blogs, you may recall on February 28,…
For all those Father’s with Custody in the State of Maryland
Many times in cases where I represent the Father in a Maryland custody case, child support is often an issue where perhaps some believe the man is treated somewhat inequitably. While I do not necessarily agree that is always the case, I have heard many Father’s say “If I were…
Am I Entitled to an Attorney in my Maryland Child Support Case?
Most family law matters, such as divorce proceedings, and custody proceedings, do not involve the Maryland criminal system, or involve any imminent punishment such as jail time. However, when a non-paying child support obligor (parent who is supposed to be paying child support) is brought to court after the child…
Maryland Protective Orders often Abused by Petitioners
As a family law practitioner I have represented a number of petitioners and respondents in protective order hearings throughout the state of Maryland. Unfortunately, the purpose and intent of a protective order is often misinterpreted and misused by the litigants. The purpose of the domestic violence statute as defined by…
Modification of Maryland Child Support
I recently defended a modification of child support case (the father was seeking a decrease) in the Circuit Court for Howard County and after a hearing the Court determined there was not a material change in circumstance to warrant a modification of the child support currently being paid to my…
Maryland House Judiciary Committee Passes Same Sex Marriage Bill
The same sex marriage bill passed at the House Judiciary Committee on Friday, March 4, 2011 by a 12-10 vote as the Baltimore Sun reports. This means that the bill will move to the full House of Delegates for debate, which is scheduled to start as early as this Tuesday,…
Discovery in Maryland Divorce Matters
When meeting with clients initially and discussing the general course of litigation, I will advise them that discovery is part of that process, which usually prompts many questions. First and foremost is what is discovery? Discovery is a litigation tool used to gather and exchange relevant information and potential evidence…
Voluntary Impoverishment in Maryland Alimony and Child Support Cases
In my November 16, 2010 blog I briefly mentioned the concept of voluntary impoverishment. Maryland law describes voluntary impoverishment as freely, or an act by choice, to reduce oneself to poverty or deprive oneself of resources with the intention of avoiding child support, John O. v. Jane O. 90 Md.…
Monica Scherer Wins Contested Custody Case for out-of-state Father in the Circuit Court for Baltimore County, Maryland
I recently tried a custody matter in the Circuit Court for Baltimore County, in which I represented the father of the minor child. The father came to our office in January 2010, after he had arranged for his minor child to reside with him upon learning that the child’s mother…
Maryland Child Support Calculations: Does My New Spouse’s Income Count?
It is not uncommon for clients involved in child support modification cases to ask if their news spouses’ income will be considered in the new child support calculation. For instance, Mr. and Mrs. Smith (first wife) were divorced in 2000 and at that time Mr. Smith was ordered to pay…