Maryland Family Law

Child support for child conceived after separation

Cnn.com reported about a case in Massachusetts in which a father is held responsible for children conceived through in vitro fertilization after the couple separated.  At first blush, the result seemed unfair to the father.  According to the article however, the man consented the fertilization, and the article implies that that the parties are still married.  That being the case, I expect this couple would have seen a similar result under Maryland law as well. 

The husband claimed he only consented to the fertilization "under duress" which the court did not accept.  Again, probably a similar result in Maryland, as it can be quite difficult to prove duress.  In the law, duress does not generally mean that the party simply didn't like the agreement or or thought they could have received a better deal.   

Modification of child support and alimony...available for former Ravens as well?

If you have experienced a material change in financial circumstances, you may be able to modify your alimony or child support obligation.  For example, if you have a job loss, or if your child has reached the age of majority, are common reasons that the court will modify support obligations.   

For an example of an extreme change in circumstances, you may want to note the case of Chris McAlister. Mr. McAlister, who formerly played in the NFL for the Baltimore Ravens, has gone from a $55 million dollar contract to being broke and living in his parent's basement. 

Hat tip to the Steelers fan who brought this to my attention.

Are you a sports fan and have child support arrears?

If so, you may want to be wary if you receive a notice in the mail advising you that you have won tickets to a major sporting event.  A sheriff's office in Alabama recently concocted a sting to collect past due child support, by sending letter to the obligors that they had won tickets to the Alabama-Auburn football game.  When the obligor parent came to collect the winning tickets, instead the parent was arrested and given the opportunity to make a payment.   

Calculating the costs of raising a child

You may already know that the child support guidelines provide a formula which produces the presumptively correct amount for child support.  There are only a few variables in the formula:  the income of each parent, the amount of alimony or previous child support paid, the amount of work-related child care, the amount of health insurance premiums for the children and the amount of extraordinary medical expenses. 

Based on the number of children and the combined incomes of the party, there is a presumptive amount of support that those parents would need to spend in total to support the child.  Where does this number come from?  It is based on research on what families spend at particular income levels (although usually somewhat outdated).  The USDA recently released its annual report on the cost of raising a child.  The report found that a child born in 2010 will "cost" nearly $227,000 until the age of maturity, excluding the costs of college education.  This amount is an average, with lower income families necessarily spending less and higher income families spending much more. 

A full version of the report can be found at the USDA's website for its Center for Nutrition Policy and Promotion. 

Representation in civil contempt

Many people are aware that criminal defendants of low means can have representation through the public defender's office.  The same right is typically not afforded in civil cases, unless one can convince Legal Aid or a private attorney to take the case. 

Civil contempt cases blend these two concepts.  In civil contempt, one can be imprisoned, although not convicted of a crime.  The goal is not punishment, but coercing cooperation with the court.  The most typical example is when a parent is incarcerated for failure to pay child support.  Should those individuals be afforded the right to counsel?  This week, the Supreme Court has answered, "Not necessarily."  In Turner v. Rogers, Mr. Turner was incarcerated for 12 months for failure to pay child support.  Neither he nor the custodial parent was represented by an attorney. 

In Maryland, a show cause order is entered giving the delinquent parent notice of the hearing, and if incarceration is requested, notice is given of the right to a public defender.  However, if the parent doesn't contact the public defender in a timely matter, he/she may be out of luck.  I have seen judges order jail time where the non-paying parent did not have an attorney, as long as the judge was convinced the parent could have obtained counsel. 

New child support guidelines

On October 1, 2010, the new child support guidelines went into effect.  For the most part, the guidelines amount has increased.  Note that the increase is not automatic....if you have a current child support order, the amount in that order will not change unless is modified by a court.  To modify an order, you must be able to prove there has been a material change in circumstances OTHER THAN the new law.  

Whistleblower divorcee

Today, Law.com reported on an interesting family law case out of Connecticut.  An ex-wife found evidence that her former spouse had engaged in insider trading in connection with Pequot Capital.  The wife became suspicious of a large payout to her former husband from Pequot, and turned a hard drive over to the Securities and Exchange Commission. Under whistleblower statutes, the wife received a payment of $1,000,000 for the information.  The ultimate revenge on a former spouse?  

Child Support and Non-Biological Children

I have previously written about paying child support even after you have discovered a child is not your biological child.  In a similar vein, a recent decision in New York held a non-biological parent from a homosexual couple liable for child support.  The court found that is was compelling that the non-biological parent undertook to care for, and raise the child, therefore was responsible for child support.  

This brings me to a broader point...in family law, the decisions that you make while the family is together has  HUGE impact on what may happen in court.  Your past actions are what the judges use to make decisions. 

Update on paternity and DNA

The Maryland Court of Appeals has issued an opinion affirming the Court of Special Appeals decision in Kamp v. Dept of Human Services.  Maryland's highest court upheld that an individual seeking to "belatedly" challenge a paternity finding must show that a DNA test would be in the child's best interest.  Under these facts, the father knew that the child was not his, yet sought custody in a divorce proceeding and entered into an agreement regarding custody and child support.  Several years later, he sought to remove his child support obligation because the child was not his.  The trial court granted the order for the test, the Court of Special Appeals overruled and remanded the case, so now the case would be headed back to the trial court to determine if the test would be in the best interests of the child. 

What happens if a dad at the time of the divorce is now questioning the paternity of the child?  Here is my best guess:  same result is likely because it would mean possibly making a child born during the marriage illegitimate. 

Job Searching For Parents

As layoffs continues and businesses scale back, more and more people are finding themselves out of a job.  Here are some tips in case you are out of work.  Consider filing to modify your support obligation, and do it soon.  Your order cannot be modified retroactively, when you are facing a contempt hearing or have a huge arrearage, it may be too late.  If you are out of work, you need to be doing everything you can to find new employment, even outside of your field.  It is also wise to keep excellent records of contacts made, resumes sent out, and interviews offered, in case the other party claims you are impoverishing yourself.  I have found that many judges are sensitive to this issue and understand the current economic difficulties that people are facing, but be ready to back up your claims.  It is stressful enough when you have a family law issue pending, being out of work makes it even more difficult.  Got any job search tips, please share below!