Maryland Family Law

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!   

Voluntary impoverishment....or "my spouse can make more than that!"

It is quite common for a new client to tell me that his or her spouse has hidden some income, or has purposefully taken a low-paying job to avoid paying more support.  This can be the case when the spouse is self-employed, or earns money in cash (tips for example).  Sometimes, there are allegations that the employer is in cahoots with the offending spouse and only documents some of the income.  Other times, the argument is that the spouse could take a higher paying job, such as was argued in the McGreevey case.  How do you prove this sorts of situations?  If the person is self-employed, a profit and loss statement may be needed.  Is the person using business income to pay personal expenses such as a car payment?  What are the person's regular expenses?  Does the person claim to make only $2,000 per month, yet is up to date on a hefty mortgage?   You may need to subpeona bank account statements, conduct depositions of the employer, or even hire experts to prove the true amount of income.  As the economy continues to tighten, expect more people to counter with "this is the only job I could find!"

Finding a "deadbeat dad"

Is your child's parent avoiding paying child support.  If so, you would think he or she would avoid finding themselves as a news item.  Last week, the Daily Record reported on a man who owed $34,000 in child support, who was in the news due to a stunt involving staying on a roof until the Ravens break their losing streak.   No surprise, he was arrested and remanded into custody.

Fathers against their will?

The supposed "Roe v. Wade for men" case in Michigan has now been dismissed, and the dismissal affirmed by a federal appeals court, see this report on CNN.com.  The case involved a father who was ordered to pay child support for a child born of a relationship with a former girlfriend.  The father claimed that while the woman legally had the choice to have the child rather than an abortion, he should not be forced to pay.  The suit was deemed frivolous.  Remember folks, child support is the child's right, and I suspect will always trump any kind of "it's not fair" argument of the parent.

New Child Support Calculations

It's now been about 2 weeks since the new child support law regarding health insurance costs when into effect, and I can already see the (HUGE) difference in the cases I have brought to trial since then.  How much does your health insurance cost?  Now the actual cost is being split by the parents in proportion to their incomes, just as child care costs are.  This can result in an increased child support amount of $100-200 per month, or more.  Beware, if your health insurance costs can't be separated for the child's portion in a family plan, you may get stuck with an even bigger bill.  I expect to see more battles over child support now, including who covers the child, how much coverage should be provided and how the payment is calculated.

Child support changes take effect

Yesterday, new changes in Maryland child support law took effect.  Now, credit for paying health insurance costs for your child is added into the basic child support obligation in proportion to the parent' s incomes, just as child care expenses are treated.  The practical result is that the parent paying the health insurance premium will receive more "credit" for the payments, and the new law takes into the account that reality that  health insurance premiums are a necessary cost incurred for your kids.  As the costs for health insurance keep rising, this change will certainly become more important.   Do you pay a lot for health insurance for your children?  If so you may wish to seek a modification of the child support amount.

New resource for getting unpaid child support

Today, WTOP reported on a new program in Virginia to use cell phone records to locate deadbeat parents.  Virginia is the first state to do so and hopefully Maryland will follow suit as well.  In Maryland, the Office of Child Support Enforcement has many different enforcement methods for collecting child support such as suspending the nonpaying parent's driver's license, intercepting their Federal or state tax refund, denying their passport application, suspending a professional license and seizing assets.  There is also a long statute of limitations on child support: 12 years.   Where possible, an earnings withholding order (garnishment) is usually the best method for assuring payment of support.  If the non-paying parent has been out of work, or is moving often, it may take more work to locate person and actually get the payments.  An experienced attorney or your local child support office can help if you are owed back child support.

Husbands and child support

Today, CNN reported about yet another case where the non-biological father was forced to pay child support, and could not recoup the amount already paid.  In this New Jersey case, the husband had no idea his wife' child was the product of an affair.  There was also family history of muscular dystrophy, further highlighting the reasons why in today's world, it often IS in the child's best interests to know who his or her true biological parent is.   On a related note, many States (including Maryland) follow the same rule:  once child support has been paid, you're not going to get it back even if you shouldn't have had to pay it. 

Part-time work and child support

An article in the Washington Post today discusses mother and part-time employment.  Many mothers, especially those with young children, find that working part-time allows them time to be with their family while still maintaining a career.   It is the perfect arrangement?   A judge may not think so!  When calculating child support, the Court can impute income to a person who is "voluntarily impoverished."  Both parents have a duty to support their child, and cannot seek to avoid that obligation by not working or by purposely working a lower-paying job.  This is a complex area of the law, and a lot of factors are considered by the Court before finding that a parent has voluntarily impoverished himself/herself, such as health, the efforts made to find employment, past employment history and more.  There is also an exception when one of the parents is caring for their child who is under the age of two.  If you think that the other parent has voluntarily impoverished himself/herself, you will almost certainly need an attorney to help you prove your case and to make sure you have the necessary (and admissible!) evidence.