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# Seven Commonly Accepted Myths About Child Support
By Amar S. Weisman, Esquire
### Myth #1: **** belongs to the parent who has primary .
Just as an IV does not belong to the nurse who inserts the needle into the patient, **** does not belong to the **** who uses the money to provide for the child.****  belongs to the child.
### Myth #2: A parent who does not have custody can avoid c**** by getting the parent with custody to just “agree.”
The highest court in the state of Maryland recently held that, “the duty to support one’s minor children may not be bargained away or waived.” In other words, the prevailing policy is to insist that all parents provide monetary**** to their children, regardless of whatever “understandings” they would otherwise develop.
### Myth #3: If a parent does not get to see the child, he does not have to pay .
There are appropriate forms of judicial redress for parents who are denied court-ordered visitation, but an aggrieved parent cannot punish the child by withholding support. It is always a good idea to appreciate the difference between  and **c.**
### Myth #4: A parent may easily reduce his  obligation by intentionally earning less money.
If evidence is properly presented to the court that a parent is earning less money just to reduce his  obligation, the court will determine what the parent would have made if he had actually applied himself and calculate child support based on that theoretical figure, instead of actual earnings.
### Myth #5: Salary alone determines a parent’s child support obligation.
The law recognizes that monetary earnings come in many forms other than plain-old salaries for plain-old jobs. Recognized earnings include gifts received from others, capital gains, severance pay, prizes, gambling winnings, bonuses, commissions, social security benefits, interest income, annuity income, unemployment benefits, and trust income.
### Myth #6: Parents never have a  obligation after the child turns eighteen.
Sometimes a **** obligation will extent long after the child’s eighteenth birthday. In Maryland, parents are required by law to support “adult destitute children,” or children who cannot provide food, shelter, clothing and care for themselves, provided the parent is able to do so. Therefore, parents whose children have serious illnesses that make personal autonomy impossible, like Down’s Syndrome, severe autism, and serious mental retardation, could pay **** long after the child’s eighteenth birthday.
### Myth #7: Parents cannot be forced to pay for private school.
The **** guidelines allow the court to increase child support beyond the standard guidelines for, “particular educational needs.” Often this type of award is given to a child who attended private school during the years prior to divorce. The rationale, as articulated by the Maryland Court of Appeals, is that, “a child’s standard of living should be altered as little as possible by the ****.
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# Types of Alimony Available To Divorcing Marylanders
Alimony originates from the common law obligation to support one's spouse and it refers to a series of cash payments from an economically independent spouse to an economically dependent spouse. In Maryland, both men and women filing to obtain either a limited divorce or an absolute divorce have the option of requesting up to three different types of alimony. This article is a starting point for understanding the different kinds of alimony that are available under the Family Law Article, but you should consult with a Maryland divorce lawyer if you are wondering whether seeking alimony is appropriate in your case.
**Alimony Pendente Lite ("Temporary Alimony")**
Temporary alimony is available during the period of separation before the marriage is actually dissolved. The purpose of temporary alimony is to "preserve the status quo" for the financially dependent spouse while the divorce proceedings are underway. Rather than turning on questions of fairness and equity that characterize other alimony decisions, temporary alimony is depends upon the standard of living that prevailed during the marriage and the bread winner's ability to pay.
Where parties enjoyed a very high-or even lavish-standard of living, temporary alimony awards can be very high, but, at a minimum, the Court will attempt to ensure that the financially dependent spouse is not deprived of food, clothing, habitation, legal services or other necessities.
The evidentiary threshold for obtaining temporary alimony is relatively low-divorce lawyers must present evidence that the parties are married, evidence that a divorce is underway, and evidence concerning the respective financial circumstances of the parties. On the other hand, scheduling the Pendente Lite hearing (usually a prerequisite for obtaining temporary alimony) onto the court docket may take many months in some Maryland jurisdictions.
Courts in Baltimore City, Baltimore County, Anne Arundel County, Harford County and Montgomery County and other Maryland jurisdictions are empowered to compensate for the time gap by awarding temporary alimony retroactive to the date it is requested (if temporary alimony is requested in January and the hearing does not occur until June, then the Court may order the spouse paying alimony to deliver a lump-sum payment representing six months of alimony). Failure of the obligor spouse to pay may result in civil contempt, criminal contempt, and other sanctions deemed appropriate by the Court.
**Rehabilitative Alimony**
The second type of alimony is rehabilitative alimony and, unlike temporary alimony, rehabilitative alimony is awarded for the period after the marriage is dissolved. The purpose of rehabilitative alimony is to help the economically dependent spouse transition to single life and become self-supporting, if that is possible under the circumstances.
The duration and amount of temporary alimony varies from case to case and the ultimate decision rests on a trial judge-who has a great deal of latitude in making these determinations. Although temporary alimony is a subject of great uncertainty in many family law matters, Maryland's Family Law Article requires the Court to consider the following factors when adjudicating rehabilitative alimony,
* The ability of the party seeking alimony to be wholly or partly self-supporting.
* The time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment.
* The standard of living that the parties established during their marriage.
* The duration of the marriage.
* The contributions, monetary and nonmonetary, of each party to the well-being of the family.
* The circumstances that contributed to the estrangement of the parties.
* The age of each party.
* The physical and mental condition of each party
* The ability of the party from whom alimony is sought to meet that party's needs while meeting the needs of the party seeking alimony.
* Any agreement between the parties
* The financial needs and financial resources of each party, including: all income and assets, including property that does not produce income, the nature and amount of the financial obligations of each party, and the right of each party to receive retirement benefits.
**Indefinite Alimony**
Like rehabilitative alimony, indefinite alimony is usually awarded simultaneously with a Judgment of Divorce, but its duration may continue until the recipient spouse dies. In Maryland jurisdictions like Baltimore City, Baltimore County, Anne Arundel County, Harford County, and Montgomery County, indefinite alimony is rare and only awarded in one of two situations:
The first circumstance is when the party seeking indefinite alimony can never be expected to become self-supporting because of age, health, or disability. In addition to obtaining an attorney, clients seeking indefinite alimony may also require medical fact witnesses, medical expert witnesses, and a vocational expert to testify about earning potential in light of the spouse's age, health or disability.
The second circumstance justifying an award of indefinite alimony is when the party seeking alimony might make some progress towards becoming self supporting, but, even after that progress is made there will be an "unconscionable disparity" in future standards of living (because the party seeking alimony will always earn so much less than the other party). There is no exact definition of an unconscionable disparity and whether an unconscionable disparity exists is a question that the individual trial judge makes using his or her conscience (that conscience being informed by the evidence properly presented to the Court).
**Learn More**
The discussion of this article is only a small insight into the importance and scope of alimony. If you would like to learn more about the role that alimony may have in your Maryland divorce matter, feel free to contact the Law Offices of Amar S. Weisman, in Baltimore County, Maryland, by calling 410-321-4994 to schedule an appointment at our offices in Towson. During the initial consultation, we can discuss this law firm might be able to develop a discovery strategy that helps you obtain your legal goals.
# Best Interests of the Child Analysis Under Maryland Law
## Understanding Maryland's Child Custody Factors
In Maryland, child custody decisions are guided by numerous factors that ensure the child's best interests are prioritized. A Maryland Family Lawyer can provide valuable insight into how these factors apply to your specific situation. These factors originated from significant case law, including Montgomery County v. Sanders, and continue to evolve as new cases are adjudicated.
### Key Custody Factors Considered by Courts
Maryland courts consider a variety of factors when determining custody arrangements. These include the fitness of the parents, the ability to maintain natural family relationships, and the child's preferences, among others. An experienced Custody Lawyer can help articulate how each of these factors might influence the outcome of your custody case.
### Factors Specific to Joint Custody
Joint custody decisions hinge on additional factors, as outlined in Taylor v. Taylor. These include the parents' ability to communicate, their willingness to share custody, and the logistical feasibility of the arrangement. Family Law Firms often stress the importance of demonstrating a cooperative spirit and stability in joint custody cases.
### Practical Considerations for Custody Analysis
When courts analyze custody scenarios, practical questions are essential to decision-making. These questions focus on each parent's ability to provide a stable environment, adhere to discipline, support academic needs, and communicate effectively for joint custody. A thorough evaluation by a Family Law Firm can help address these questions comprehensively in court.
* Who can maintain a stable, clean and safe home environment?
* Who can provide proper discipline and consistent rules?
* Who can meet the child's academic needs, including a consistent school
* Who can meet the child's physical and emotional needs
* Who can preserve Natural Family Relationships that already exist?
* Who has the most expansive Parental Support System?
* Who has the time to care for the child, considering work schedules?
* Do the parents communicate well enough for joint custody?
* Do the parents live close enough for joint custody?
* What does the Best Interest Attorney recommend?
* What does the Child's therapist recommend?
* What does the Custody Evaluator recommend?
* What does the Home Study say?
* What was the outcome of any DSS Investigation?
* Is either parent impaired due to substance abuse?
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