4. [§ 10.11] Child Support
Jurisdiction | Maryland |
4. [§ 10.11] Child support
"A parent has both a common law and statutory duty to support his or her minor children." In re Katherine C, 390 Md. 554, 570 n.19, 890 A.2d 295, 304 n.19 (2006) (citing Fam. Law § 5-203(b)); Drummond v. State, 350 Md. 502, 520, 714 A.2d 163, 172 (1998); Garay v. Overholtzer, 332 Md. 339, 368-69, 631 A.2d 429, 432 (1993); Middleton v. Middleton, 329 Md. 627, 632-33, 620 A.2d 1363, 1365 (1993); Carroll Cty. Dep't of Soc. Servs. v. Edelmann, 320 Md. 150, 170-71, 577 A.2d 14, 23 (1990).
Sieglein v. Schmidt, 224 Md. App. 222, 120 A.3d 790 (2015), aff'd, 447 Md. 647, 136 A.3d 751 (2016), holds that "[[w]hen Maryland Code (1974, 2011 Repl. Vol.), Estates and Trusts Article ('ET') § 1-206(b) applies to establish that both spouses are the legal parents of the minor child, . . . both spouses are 'jointly and severally responsible for the child's support, care, nurture, welfare, and education.' Maryland Code (1984, 2012 Repl. Vol.), Family Law Article ('FL') § 5-203." Sieglein, 224 Md. App. at 227-28, 120 A.3d at 793-94.
A child reaches majority upon graduating from high school or turning 19, whichever comes first. Bornemann v. Bornemann, 175 Md. App. 716, 931 A.2d 1154 (2007) (discussing Maryland Code, Rules of Interpretation, Art. 1, § 24).
Statutory child support guidelines, provided at Fam. Law §§ 12-201 through 12-204, govern awards of child support. Gladis v. Gladisova, 382 Md. 654, 663, 856 A.2d 703, 708 (2004). The court considers the income of both parents and assigns a child support obligation based on the amount spent on children in families with that income. Id. at 663, 856 A.2d at 708-09.
Income is determined based on the totality of the circumstances, and the court may impute income on a finding of voluntary impoverishment. See Petrini v. Petrini, 336 Md. 453, 465-66, 648 A.2d 1016, 1021-22 (1994) (discussing Goldberger v. Goldberger, 96 Md. App. 313, 624 A.2d 1328 (1993) (laying out the factors used to determine that father who dedicated life to religious study rather than seeking employment was voluntarily impoverished)). "A parent is voluntarily impoverished 'whenever the parent has made the free and conscious choice, not compelled by factors beyond his or her control, to render himself or herself without adequate resources.'" Gordon v. Gordon, 174 Md. App. 583, 644, 923 A.2d 149, 185 (2007) (quoting Digges v. Digges, 126 Md. App. 361, 381, 730 A.2d 202 (1999)).
The factors to be considered in determining whether a parent...
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- I. [§ 10.1] Absolute Divorce—Components of Cause of Action Generally—Grounds, Adultery
- A. [§ 10.2] Grounds, Generally
- B. [§ 10.3] Grounds, Adultery
- C. [§ 10.4] Marital Property
- D. [§ 10.5] Monetary Award Based On Marital Property
- E. [§ 10.6] Alimony (Support and Maintenance)
- F. [§ 10.7] Child Custody, Visitation, and Child Support
- 1. [§ 10.8] Child Custody Generally
- 2. [§ 10.9] Joint Custody
- 3. [§ 10.10] Visitation
- 4. [§ 10.11] Child Support
- G. [§ 10.12] Same-Sex Couples
- Ii. [§ 10.13] Absolute Divorce—Ground—Twelvemonth Separation
- A. [§ 10.14] Separation Agreements
- Iii. [§ 10.15] Absolute Divorce—Ground—Mutual Consent
- Iv. [§ 10.16] Absolute Divorce—Ground—Desertion
- V. [§ 10.17] Absolute Divorce—Ground—Constructive Desertion
- Vi. [§ 10.18] Absolute Divorce—Ground—Excessively Vicious Conduct
- Vii. [§ 10.19] Absolute Divorce—Ground—Cruelty of Treatment
- Viii. [§10.20] Limited Divorce—Cruelty of Treatment, Et. Al.
- Ix. [§ 10.21] Petition for Protective Order Pursuant To Maryland Domestic Violence Act
- A. [§ 10.22] Possible Plaintiffs
- B. [§ 10.23] Elements
- C. [§ 10.24] Temporary Protective Order
- D. [§ 10.25] Interim Protective Order
- E. [§ 10.26] Final Protective Order
- X. [§ 10.27] Setting Aside, Attacking, and Challenging A Separation Agreement
- A. [§ 10.28] Setting Aside A Separation Agreement—Generally
- B. [§ 10.29] Confidential Relationships and Setting Aside Separation Agreements
- C. [§ 10.30] Pre-Nuptial Agreements
- D. [§ 10.31] Post-Nuptial Agreements
- Xi. [§ 10.32] Paternity
- Xii. [§ 10.33] Third-Party Custody and Visitation
- Xiii. [§ 10.34] Modification of Custody, Visitation, Alimony, Or Child Support
- Xiv. [§ 10.35] Interference with Parent-Child Relations
- Xv. [§ 10.36] Adoption
- Xvi. [§ 10.37] Proceeding for Constructive Civil Contempt
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