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Child Support Review

Learn about Maryland's Child Support Guidelines, including factors affecting support amounts, deductions from income, and modification issues. Understand how guidelines consider gross or net income, with insights on voluntary impoverishment and potential income calculations.

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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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