This online application program will assist you in completing a Child Support Worksheet. This worksheet estimates the child support obligation that a court may order a parent to pay toward support of the child(ren) on a monthly basis. Under Maryland law, there is a rebuttable presumption that the amount of child support, which would result from the use of these guidelines, is the correct amount of support to be awarded; however, a court may choose to deviate from the guidelines under certain circumstances.

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A court, in order to determine custody, must first determine the best interest of the child. The Maryland Court of Appeals has stated that “[W]hen the custody of children is the question … the best interest of the children is the paramount fact. Rights of father and mother sink into insignificance before that.” Kartman v. Kartman, 163 Md. 19, 22,161 A. 269 (1932). The absolute obligation on the trial judge to undertake a thorough examination of all possible factors before determining child custody was forcefully set out by Judge McAuliffe in Taylor v. Taylor, 306 Md. 290, 303, 508 A.2d 964 (1986):

Formula or computer solutions in child custody matters are impossible because of the unique character of each case, and the subjective nature of the evaluations and decisions that must be made. At best we can discuss the major factors that should be considered in determining whether joint custody is appropriate, but in doing so we recognize that none has talismanic qualities, and that no single list of criteria will satisfy the demands of every case. We emphasize that in any child custody case, the paramount concern is the best interest of the child. …The best interest of the child is therefore not considered as one of many factors, but as the objective to which virtually all other factors speak.

The Taylor Court detailed the two basic forms of custody.  These two forms are:

Legal custody carries with it the right and obligation to make long range decisions involving education, religious training, discipline, medical care, and other matters of major significance concerning the child’s life and welfare. Joint legal custody means that both parents have an equal voice in making those decisions, and neither parent’s rights are superior to the other.

Physical custody, on the other hand, means the right and obligation to provide a home for the child and to make the day-to-day decisions required during the time the child is actually with the parent having such custody.

Each type of custody can be broken down into either joint or sole.  Therefore, joint legal custody means that each parent has the right to share in longer-range decision-making including education, religious training, medical care and other matters of significance regarding their children.  Sole legal custody gives that right to only one parent.  Joint physical custody means that the child or children share their time between the parents.  There does not have to be an equal sharing of time in order to qualify as joint physical custody.

Taylor laid out fourteen factors for a court to consider in an award of joint custody:

1. Capacity of the parents to communicate and to reach share decisions affecting the child’s welfare;
2. Willingness of parents to share custody;
3. Fitness of parents;
4. Relationship established between the child and each parent;
5. Preference of the child;
6. Potential disruption of child’s social and school life;
7. Geographic proximity of parental homes;
8. Demands of Parental Employment;
9. Age and number of children;
10. Sincerity of parents’ request;
11. Financial status of the parents;
12. Impact on state or federal assistance;
13. Benefit to parents; and;
14. Other factors.

Taylor v. Taylor, 306 Md. 290, 303, 508 A.2d 964 (1986).

In Montgomery County v. Sanders, 38 Md. App. 406, 419, 381 A.2d 1154 (1977), Chief Judge Gilbert described what a child custody determination unavoidably calls for on the part of the judge:

Present methods for determining a child’s best interest are time-consuming; involve a multitude of intangible factors that ofttimes are ambiguous. The best interest standard is an amorphous notion, varying with each individual case, and resulting in its being open to attack as little more than judicial prognostication. The fact finder is called upon to evaluate the child’s life chances in each of the homes competing for custody and then to predict with whom the child will be better off in the future.

Judge Gilbert went on to catalogue some of the myriad factors that must be considered:

“What critics of the “judicial prognostication” overlook is that the court examines numerous factors and weighs the advantages and disadvantages of the alternative environments. The criteria for judicial determination includes, but is not limited to:

1. Fitness of the parents;
2. Character and reputation of the parties;
3. Desire of the natural parents and agreements between the parties;
4. Potentiality of maintaining natural family relations;
5. Preference of the child;
6. Material opportunities affecting the future life of the child;
7. Age, health and sex of the child;
8. Residences of parents and opportunity for visitation;
9. Length of separation from the natural parents, and;
10. Prior voluntary abandonment or surrender.

Montgomery County v. Sanders, 38 Md. App. 406, 420, 381 A.2d 1154 (1977).

Child custody cases require an experienced local family law lawyer. Family law lawyers concentrate their practices solely in family law and are experienced in successfully presenting the proper evidence to the Judge. Thus, when deciding upon proper representation in litigating the custody of your child (or of your children), it is also incumbent upon you, as a parent, to consider what is in their “best interest.” This is not a time to cut corners.

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1. Solomon’s Dilemma: How do we Split the Babies?
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The Circuit Courts of Maryland decideissues of divorce, marital  property division, alimony, child support, custody and visitation in a divorce proceeding. If a case is decided by a Judge, the Court hears evidence of the specific facts of the case and then decides the relevant issues based upon statutes and precedent cases. However, an experienced family lawyer will exhaust all other possibilities prior to submitting a case for a Judge’s determination. This is primarily accomplished by negotiating a settlement agreement (also known as a Separation Agreement) after the complaint is filed and discovery is completed.

In Maryland, the divorce proceeds generally as follows:  Each person hires a lawyer to handle the divorce. Whether a person is negotiating a settlement or presenting a case to the court, he or she needs a knowledgeable, experienced and local family lawyer in order to gain the most benefits that the law has to offer. The divorce lawyer represents one spouse in the traditional attorney-client relationship that may, result in a negotiated settlement, involve litigation or a combination of both. Litigation in court is costly, both financially and emotionally. However, certain family matters can only be resolved through litigation.

In order to litigate or negotiate a successful resolution as an attorney specializing in matrimonial litigation, Constance A. Camus, has extensive knowledge in business valuation and dissolution, pension and retirement benefits, valuation of advanced degrees and licenses, and child support and custody arrangements. Additionally, she is familiar with the different procedures for each and every county in Maryland.

The laws of equitable distribution of marital property in Maryland are complex, dynamic and constantly changing. Each case presents it own set of facts and must be properly prepared and presented. Before agreeing to a property settlement or before asking the court to divide property, it is very important to conduct financial disclosure to determine how and when the specific property and all other assets were acquired.  This is done either through an informal or formal discovery process.  When discovery is done correctly, it is possible to find assets hidden by the other spouse, evidence of an adulterous affair, etc.  Unfortunately, the discovery process can be is very time consuming and costly.  The client should always weigh the costs of doing discovery versus the benefit of such extensive discovery.  Again, a good divorce lawyer can advise you as to the extent of discovery to use.  Ultimately, only the client can decide how much discovery should be done.

Separate property is generally not subject to equitable distribution by the court.  An experienced and skillful divorce lawyer will help to guide a client through the maze of the laws and disclosure devices which may affect the client’s financial rights, obligations and the division of property.

Seriously pursuing alternatives to litigation, such as mediation or negotiation, will make the difference between getting a divorce and surviving a divorce. When a child’s best interests are at stake, seeking peaceful co-parenting solutions to custody and visitation disputes will positively affect a child for the rest of his or her life.

March 8, 2009 6:25 AM

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