Review Alimony in Maryland 1st step: Should H/W be awarded alimony? 2nd step: If so, what kind? Rehabilitative (definite term) unless 1) age or illness make self-support impossible 2) even with rehab, incomes of party still unconscionably disparate Note: Alimony can be extended, modified or terminated as long as request made during term of order (change of circumstances affecting income of either party)

CHILD SUPPORT Part I March 2, 2004

Goals of Child Support? Support Children: 2) Protect State from Economic Burden

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.