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Recent Trends in Alimony and Child Support
by
David V. Diggs, Esquire
Many people have out-dated notions about alimony and child support. As a result, they may make ill-advised and potentially disastrous decisions regarding separation, custody and divorce. With this short article, I hope to clear up some of these old myths which linger and confuse.
Alimony
In the not too distant past, husbands who found themselves in Divorce Court were often ordered to pay their wives alimony or spousal support for as long as they both lived or until the wife remarried. The amount would be sufficient to support the jilted spouse "in the manner to which she had become accustomed." Today, however, alimony is awarded in a decided minority of cases and, with the passage of the Maryland Equal Rights Amendment in 1973, women are no longer the exclusive recipients. Men are equally entitled, although, in practice, they seldom are granted alimony.
The current alimony law was passed in 1980. Courts are required to consider about one dozen specific factors in arriving at a fair award, including:
- financial needs and resources,
- age and physical and mental condition,
- factors contributing to the breakup of the marriage,
- contributions (financially and otherwise) to the marriage,
- duration of the marriage,
- standard of living established during the marriage,
- the ability of the party seeking alimony to become self-supporting
- the length of time required to obtain the training and education necessary to find suitable employment.
These two final factors focus on the rehabilitative nature of alimony and require that the "economically dependent spouse" (a gender-neutral term) attempt to secure gainful employment. Alimony usually will be limited to the period which the court estimates will be required for the spouse to become self-sufficient.
In very few cases, indefinite or permanent alimony may be awarded, but only when:
- the dependent spouse has made as much progress as can be expected toward becoming self-supporting and the parties' standard of living remains "unconscionably disparate"
or
- due to age, illness or disability, the dependent spouse is unable to become self-supporting.
These factors are found generally in longer marriages and particularly in those where one spouse has been a homemaker rather than a wage earner.
Child Support
In the past, child support awards were unpredictable and often varied from county to county and judge to judge. Amounts were set on the basis of sworn financial statements, an arrangement which encouraged individuals to inflate their expenses and liabilities and minimize their income and assets.
The most important recent development in child support law has been the introduction of statutory guidelines. This has lent much needed uniformity to child support disputes. Payment obligations are set according to a formula which considers each party's gross income and allots responsibility proportionately. The incentive to "fudge" on financial statements has been removed.
For example, we know that if the father of a ten year old earns $40,000.00 per year and the mother earns $25,000.00, the father's child support payments will be $441.00 per month or a little more than $100.00 per week. Child support obligations are greater when day care, private school and extraordinary medical expenses are factored into the equation.
Courts may consider certain additional factors and deviate from the guidelines. Child support will be reduced if alimony or health insurance is paid. Other expenses such as mortgage payments, assumption of marital debt and college education might reduce payments. Lastly, if a parent has the ability and opportunity to work but chooses not to do so, he or she is said to be "voluntarily impoverished." The court will attribute "potential income" to this parent, i.e. an amount which he or she should be earning.
A different formula may be used where the non-custodial or visiting spouse has the child for more than 35% of the time. This formula results in a lower level of support, due to the presumption that the parent having "shared physical custody" will bear some of the burden for direct expenses.
Another common misconception involves the notion that there is some connection between the obligation to pay child support and the right to visitation. A custodial parent may attempt to deny visitation to a former spouse who has fallen behind on child support. Conversely, a parent who has been unreasonably denied access to his child, may suspend payments. In either case, the court will apply its version of the old axiom "two wrongs do not make a right." The proper response by the party who has been wronged is to file a Petition for Contempt, whereby the offending party will be sanctioned by the court and warned against further interference.
Conclusion
In the above article, I have trie d to summarize current alimony and child support laws. There are other equally important issues, including custody and division of property. Obviously, if you find yourse lf contemplating separation or divorce, you will have many questions. You should consult with an attorney who is familiar with this area of the law and who will assist you in making informed decisions.
