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Child Support Review

Child Support Review. Establishing Child Support Maryland’s Child Support Guidelines (Income Shares Approach) Does the guideline look at gross or net income? § 12-201(c) & (d)

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Child Support Review

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  1. Child Support Review • Establishing Child Support Maryland’s Child Support Guidelines (Income Shares Approach) • Does the guideline look at gross or net income? § 12-201(c) & (d) b) Deductions from income: child support in prior cases; alimony in current and prior cases (+/-); health insurance for child

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

  3. “Above the Guidelines” cases: courts have much wider discretion in setting amount of child support e) What factors should vary the presumptive amount? 12-202(a) f) 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)

  4. B. Child Support Modification Issues: 1) What is a material change in circumstances (12-104; 12-202(b)) for purposes of increasing or decreasing child support? • Change must result in change under guidelines – change in income or relevant expenses 2) When is a reduction (or lack of) income considered voluntary impoverishment? 3) If loss of income is considered voluntary impoverishment, how do you calculate imputed/potential income?

  5. Maryland Approach: Voluntary Impoverishment Statute (12-204) : No finding of voluntary impoverishment when: 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)

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