The pleadings may not make much difference if the couple settles out of court.

Both parties are asking the court for joint custody of their sons, age 17 and 13.  Child support will also have to be addressed in the settlement.

Source:  Bakersfieldnow.com

Shortly before the three years was up, Fatemeh filed a petition to modify child support claiming the provision converting the $1200 monthly child support payment to a $750 payment into a college educational account was void as against public policy.

The court said the provision would have violated public policy if it relieved Thomas entirely or permanently from his duty to support his minor child.  A parent may not waive or otherwise contract away their child’s right to support.  But that does not prevent parents from making contracts or agreements concerning their child’s support so long as the best interests of the children are served.  Since the payment was directed into an account for the benefit of the child, there was no public policy violation in the provision of the settlement agreement requiring the child support payment of $750 to be deposited into a college educational account.

Laussermair v. Laussermair, No. 4D09-4823, 36 Fla. L. Weekly D448
(Florida District Court of Appeal, Fourth District, March 2, 2011)

This year, Maryland delegates have introduced House Bill 1272 that would extend child support if the child is enrolled in an institution of postsecondary education (college or vocational school) until the earlier of graduation or age 21.

If enacted, this would allow college tuition and room and board to be added to costs in above guidelines cases just in time for tuition bills this fall.

Child support on the sole custody worksheet is higher.  Multiply a few hundred dollars a month times twelve months in a year times the number of years until the children reach 18 or 19 and you will see that it is a lot of money we are talking about here.

Maryland counts only overnights in determining the percentage.  So a weekend from Friday to Monday is three overnights.  A weekend from Saturday to Sunday is one overnight.  Three overnights every other week times 26 alternating weekends in a year is 78 overnights a year.  Then you have to add and subtract for holidays, school breaks and summer vacations.  The dividing line in Maryland that puts dads on the lower shared custody guidelines is 128 overnights a year or 35%.

In their divorce, Maxine hired a forensic accountant who reviewed Hector’s business records and testified that he made $6,752 a month.  Hector countered that he could only bill about one hour a day on the average at $95 an hour, and that his income was $3,400 a month.

The trial judge found that Hector was voluntarily underemployed.  He imputed income to Hector for child support and alimony on the following basis.  He said Hector could bill 20 hours a week which would result in about $95,000 a year in revenues.  Then he subtracted $15,000 for expenses leaving about $80,000 in profits which matched what the accountant said Hector earned.

On appeal, the Florida appeals court reversed, saying that (1) the judge’s finding that Hector could bill 20 hours a week was speculation, not evidence; (2) the accountant failed to subtract business expenses from his number; and (3) the judge could not impute income solely on past ability to pay because that might not reflect current earning power.

Sallaberry v. Sallaberry, et al., No. 4D08-2124 (Florida District Court of Appeal, Fourth District, February 17, 2010)

And that’s not all.  Henry had eight other children in multiple states and child support orders for almost all of them.  Although Henry made almost $50,000 a month, he was behind on his temporary child support payments to Beacham when the matter came on for trial.  So the Judge ordered him to place $250,000 in trust to secure the payments.  The trust would be returned to Henry after his child support obligation was satisfied.

Henry appealed the legality of the trust fund requirement but the appeals court found that the trial court had the authority to fashion such a remedy in these circumstances.    Henry v. Beacham, A09A1129 (2009).

The couple stayed together until 1998 and filed for divorce in 1999.  In their separation agreement and divorce, Darren stated that he was the father of all four children.

In 2005, Vickie filed a motion to modify child support because Darren was making more money.  Darren had had enough.  In his response he said that he was not the biological father of the fourth child, and asked for a DNA test.  The court granted his request, and the DNA test came back negative,  Since Darren was not the biological father, the Court said he was not required to pay child support.

The Maryland Court of Appeals reversed, and sent the case back to the trial court for further proceedings, saying the judge must first consider whether or not a DNA test was in the best interests of the child.  And those considerations should take into account the length of time that Darren had maintained a father-child relationship.

Kamp v. Dep’t of Human Services, Maryland Court of Appeals, September 21, 2009

Related Articles:

Non-Biological Dad Still Has to Pay Child Support

Update on Paternity and DNA

Motions to modify child support have tripled in the last one and a half years in Prince George’s County, Maryland.  It used to be most motions were from custodial parents seeking an increase.  Now most motions are from noncustodial parents seeking a decrease.

Unless the parties are able to work it out for themselves, and file a consent order changing alimony, the court will have to determine whether it is in the best interest of the child to reduce child support.  There will be a hearing and it is not enough to say the economy is bad and I lost my job.  The judge will want to know what actions you are taking to do something about it.

Read more at this article by AP Reporter, Megan K. Scott.