1. 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)

2. 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

3. CHILD SUPPORT
Part I
March 6, 2003

4. 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

5. 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

6. 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

7. 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

8. 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.