Cousin v. Cousin

631 A.2d 119, 97 Md. App. 506, 1993 Md. App. LEXIS 143
CourtCourt of Special Appeals of Maryland
DecidedSeptember 29, 1993
Docket1933, September Term, 1992
StatusPublished
Cited by8 cases

This text of 631 A.2d 119 (Cousin v. Cousin) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cousin v. Cousin, 631 A.2d 119, 97 Md. App. 506, 1993 Md. App. LEXIS 143 (Md. Ct. App. 1993).

Opinion

CATHELL, Judge.

The Circuit Court for Montgomery County granted a divorce to Karen Cousin, appellee, from Hersh Cousin, appellant, on September 16, 1992. In addition, the lower court granted, in part, her exceptions to the master’s findings and recommendations, awarding her sole custody of the children and indefinite alimony in the amount of $1000 per month. Unhappy with this decision, Hersh Cousin appeals to this Court. He presents two issues on appeal.

1. Whether the trial judge erred in sustaining the Appellee’s exceptions to the Master’s recommendation awarding joint custody of the parties’ minor children to them and thereafter awarding] sole custody to the Appellee.
2. Whether the trial judge erred in sustaining the Appellee’s exceptions to the Master’s recommendation that the Appellee receive three years of rehabilitative alimony and thereafter awarding] Appellee indefinite alimony.

We hold that the lower court did not err in either regard. Accordingly, we affirm the judgment of the lower court.

THE FACTS

The parties were married on February 14, 1981. As a result of this union, they had two children. One was adopted on May 10, 1985. Their second child, Asher David, was born on November 1, 1988. The parties separated by mutual agreement on or about December 6, 1990. Karen Cousin filed suit for a limited divorce on December 10, 1990, alleging as grounds for the divorce voluntary separation and constructive desertion. In addition to the limited divorce, she sought sole custody of the couple’s two children, child support, and “rea *509 sonable” alimony. After a hearing before a master, the circuit court awarded joint legal custody to the parties, placing the children with their mother but allowing appellant reasonable rights of visitation as set out in the pendente lite order.

At the time the parties separated, appellee took the older child, Max, to various doctors and psychologists for testing at the recommendation of his school. He was eventually diagnosed with an attention deficit hyperactivity disorder. Currently, he receives both medication and treatment for this disorder.

On May 22, 1992, appellee filed an amended complaint for absolute divorce on the same grounds as the limited divorce. A three day hearing was held before a domestic relations master. On June 24, 1992, he issued his findings and recommendations, which recommended, inter alia, that the parties be awarded joint legal custody of their sons and that appellee receive alimony in the amount of $1000 per month for three years.

Appellee filed exceptions to these findings and recommendations, asserting that the master erred in recommending joint legal custody and in recommending the amount and duration of the alimony. She contended that her husband remained in opposition on two major issues, the educational and medical needs of their son Max. Among other things, she stated that he did not understand or accept the emotional difficulties nor the special educational needs of Max. She also argued that the master made no factual findings with respect to any of the elements to be considered in awarding alimony. In his answer, appellant asserted that he was interested in his children and that the parties could communicate with each other if they would only try. Moreover, he maintained that joint custody was appropriate because the parties shared the same values. As to the alimony, he contended that his wife could be employed at $18,000 to $24,000 per year, and that after eighteen months she would be able to support herself.

A hearing on the exceptions was held on August 11, 1992, after which the lower court sustained appellee’s exceptions in *510 part. Appellee was awarded sole custody of the children, and the court ordered appellant to pay appellee alimony for an indefinite period in the amount of $1000 per month. In so doing, the court commented:

[W]ith respect to joint custody the Master concluded, and I quote, “It is in the best interest of the children that the inputs from both parents be [had] in connection with the children’s health, education, and welfare.
Now, the parties in this case have been joint legal custodians of the children since the pendente lite order of February 4, 1991. This arrangement has not, over the past 18 months, resulted in any impasse or deadlock between the parties that has affected the welfare of the children.
Furthermore, the Court concludes, as did the Master, that both parties are fit and proper custodians, although the wife may be entitled to a little better parenting grade than the husband.
Should not the husband, therefore, have an equal share in the important decisions regarding the children? In this regard, the Court concludes that Mr. Cousin should have input into the lives of the children but that Mrs. Cousin should have, as she has in the past, the final say with respect to the health, education, and welfare of the children. And this precludes, in the Court’s opinion, joint custody.
On two major issues, and this is Max’s medical welfare and educational welfare, the parties do not seem to agree. Dr. Donohue, who seemed to understand the joint custody concept, was of the opinion that joint custody would not be beneficial.
Mrs. Cousin has made the important decisions affecting the children’s welfare throughout their fives. She should continue to do so. This does not mean, however, that she should not consult with her husband regarding the children’s welfare or that she should completely ignore what he has to say____
*511 With respect to alimony and support, the Court has reviewed the record with respect to the husband’s earnings. The Master’s conclusion that the husband earn[s] $84,000 gross per year is supported by the evidence. Although there is some evidence to suggest that he has more spendable money than is reflected on his financial statement----
The Court will, however, sustain the exceptions with respect to the duration of the alimony. It is the Court’s best prognostication that, given Mrs. Cousin’s present vocational skill, the ages of the minor children, and considering the husband’s vocational expert’s opinion and testimony, it is the Court’s opinion that Mrs. Cousin will not become self supporting after three years, nor will she be within a foreseeable future.
The Court believes that even after the wife makes maximum progress toward being self-supporting, the respective standards of living between her and husband will be unconscionably disparate.

LEGAL ANALYSIS

STANDARD OF REVIEW

The Court of Appeals in Domingues v. Johnson, 323 Md. 486, 490, 593 A.2d 1133

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Bluebook (online)
631 A.2d 119, 97 Md. App. 506, 1993 Md. App. LEXIS 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cousin-v-cousin-mdctspecapp-1993.