Child Support in Maryland

Child-support in Maryland also addresses the issue of voluntary impoverishment. In the court's opinion Wills v Jones 340 Maryland 480 (1995) the court addressed the issue of voluntary impoverishment. The court determined; whether a parent is voluntarily impoverished is a question only of whether the parent's impoverishment was voluntary. Examples are found in circumstances where a parent leaves a job to accept the position paying less. To the extent the decision was made voluntarily to leave the higher-paying job the parent is voluntarily impoverished. There is no need for the reduced pay to occur in conjunction with a desire to avoid child-support as a basis to establish voluntary impoverishment Goldberger v Goldberger.

Once it is established that the reduced pay is the product of a voluntary decision the only other next question revolves around the voluntarily impoverished parent's earning capacity or potential income. Prior earning history as well as vocational assessments are often times used to determine a parents earning capacity. The court looks at a number of factors in determining potential income including age; mental and physical condition; accident; educational background, special training or skills; prior earnings; efforts to find and retain employment; the status of the job market in the area where the parent resides; actual income and any other factor bearing on the parents ability to obtain funds for child support.

A parent is not excused from support because of a tolerance of or a desire for a frugal lifestyle. It has been noted by the court in Maryland that the individual's decision to move from his residence to a new residence where he earns less money is not the basis for voluntary impoverishment as it presents a unreasonable restriction on a person's ability to relocate Moore v Tseronis 664 A 2d 427.

If you have questions regarding child-support in Maryland please feel free to give me a call at 1-888-760-7339.

Child Support in Maryland

Child-support in Maryland that section 12 – 202 provides that there is a rebuttable presumption that the amount of child support which would result from the application of the child support guidelines is the correct amount of child support to be awarded. The presumption however can be rebutted with evidence that shows that the application of the guidelines would be unjust or inappropriate. An example of the court application of this concept is found in the case of Horsley v Radisi 750 A 2d 692 (2000). Among other issues addressed in this case the court addressed the issue of extracurricular activities in the form of soccer camps, karate lessons, and violin lessons for a gifted and talented child as cost to be included in the child support calculations. The court differentiated between cost incurred for discretionary activities such as camps, music lessons, tutoring and gifted and talented programs versus expenses for remedial tutoring and gifted and talented educational programs. In pursuit of further clarification the court did not specifically exclude a deviation from the Maryland child-support guidelines to facilitate appropriate training for a child who excels in a particular area whether art, music or athletics with the caveat that the public schools cannot provide that appropriate training.

If you have questions regarding child support in Maryland please feel free to give me a call at 1-888-760-7339. I will answer your questions over the phone at no cost to you.