Review 3rd Step: Monetary Award/Transfer Title to Pension Is it necessary as an “adjustment of the equities?” 1. What would happen without monetary award/pension distribution? Divide Marital Property By Title/Ownership (Henry & Wanda 80/20) Is that the result equitable considering factors in 8-205(b) (Henry & Wanda 50/50) If not, how much of a monetary award (and/or pension) needed to make final distribution of marital property equitable? (Henry gives $390,000 to Wanda to reach 50/50)

Particular Kinds of Property or Property Interests Personal injury settlements; workers’ comp; contingent fees; future commissions: - variations among jurisdictions - has there been marital initiative or effort to acquire asset? 2) Pension: number of years married number of years employed 3) Goodwill: Is goodwill transferable w/o owner or professional? 4) Appreciation: active (marital effort) vs. passive

CHILD SUPPORT Part I March 6, 2003

I. Scope of Obligation Who Has Duty of Support? Historically: fathers only Modern: mothers and fathers Intact family: duty exists but no interference unless threat of harm Non intact family: noncustodial parent subject to court order

To Whom Is Duty Owed? Biological or adopted children Minor (maj: 18) children unless emancipated Disabled adult children Minority of states permit post-majority support for education

II. Calculating Child Support Amount Historically – Discretionary Standard (“Needs of Children and Ability of Non-Custodial Parent to Pay”) Problems with the Approach? 1. Unpredictable (fewer settlements, more litigation, more delay) 2. More expensive to litigate 3. Inconsistency in awards 4. Child support awarded too low

Federal Government/Congressional Response 1988 – Family Support Act requires all states to adopt a formula for determining child support Rebuttable presumption that formula amount will be ordered as child support

Income Shares Version (adopted in majority of states, including Maryland) Looks at income of both parents and assigns child support obligation based on amount spent on children in families with that level of income.