1. 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)

2. CHILD SUPPORT
Part I
March 2, 2004

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

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.