Guidash v. Tome

66 A.3d 122, 211 Md. App. 725, 2013 WL 1866934, 2013 Md. App. LEXIS 59
CourtCourt of Special Appeals of Maryland
DecidedMay 6, 2013
DocketNo. 502
StatusPublished
Cited by9 cases

This text of 66 A.3d 122 (Guidash v. Tome) 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
Guidash v. Tome, 66 A.3d 122, 211 Md. App. 725, 2013 WL 1866934, 2013 Md. App. LEXIS 59 (Md. Ct. App. 2013).

Opinion

KEHOE, J.

James P. Guidash, II appeals a judgment of the Circuit Court for Cecil County, the Honorable Keith A. Baynes presiding, modifying his child support obligation to be paid to his former spouse, Lisa Tome, for support of their minor child. He asserts that a provision of the parties’ marital separation agreement precludes the court from requiring him to pay child support; that there was insufficient evidence of a change in material circumstances; and that the circuit court made several clearly erroneous findings of fact in calculating the amount of his child support obligation. None of his contentions affords a basis for relief by this Court and we affirm the circuit court’s judgment.

[731]*731Background

The parties were married on November 12, 1991. Two children were born to the parties as a result of this marriage: James P. Guidash, III, born July 17, 1992, and Joseph C. Guidash, born June 27, 1995. The parties’ marriage deteriorated and on July 6, 2001, the parties entered into a voluntary separation and property settlement agreement (the “Separation Agreement”).

The Separation Agreement provided that the parties would have joint legal custody and physical custody of the children and that, with exceptions for holidays, they would reside three days a week with their father and four days a week with their mother. Ms. Tome, and therefore the children as well, were entitled to live rent free in the marital home for a period of ten years, during which period Mr. Guidash would be “responsible for the payment of all mortgage expenses, including real estate taxes and homeowner’s insurance.” Mr. Guidash also agreed to maintain the children on his medical insurance policy and to pay one-half of their miscellaneous medical expenses. Ms. Tome agreed to transfer her interest in the marital home to Mr. Guidash for $25,000, to be paid within three years after the date of the Separation Agreement, and to waive her interest in Mr. Guidash’s pension in return for a payment of $20,000, to be paid within ten years of the date of the Separation Agreement. The Separation Agreement also provided (emphasis added):

In regard to child support, at this time the parties expressly agree that there shall be no child support in this matter, due to the terms and conditions set forth in this Agreement, and specifically with respect to the provisions regarding the parties’ marital home, and this may not be modified by any Court.

Thereafter, Mr. Guidash filed a complaint for absolute divorce, attaching the Separation Agreement as an exhibit. The court granted the parties an absolute divorce on October 29, 2002 and incorporated, but did not merge, the Separation [732]*732Agreement into its judgment.1 From July, 2001 until July, 2011, Ms. Tome, James, and Joseph resided in the marital home. During that time, Mr. Guidash maintained health insurance for James and Joseph; paid the mortgage, insurance, and taxes associated with the marital home; and sometimes paid other expenses incurred by Ms. Tome for the children. Additionally, and pursuant to the Separation Agreement, Mr. Guidash paid Ms. Tome $25,000 in June, 2004.

In May, 2011, as he had a right to do under the Separation Agreement, Mr. Guidash notified Ms. Tome that she had 30 days to move out of the marital home. In July, 2011, Mr. Guidash paid Ms. Tome the agreed-upon sum of $20,000 for her waiver of a claim to his pension. At Ms. Tome’s request, Mr. Guidash paid $15,000 of this sum to Ms. Tome’s new landlord, representing a deposit and approximately two years of rent for an apartment. Ms. Tome retained the remaining $5,000. In short, insofar as we can tell from the record, Mr. Guidash performed his obligations under the Separation Agreement.

On December 15, 2011, Ms. Tome, with the assistance of the Cecil County Office of Child Support Enforcement, filed a motion for modification of child support seeking to establish a child support obligation for Mr. Guidash for the benefit of the parties’ remaining minor child, Joseph. Specifically, Ms. Tome requested that the court “[calculate and order a child support obligation in accordance with ... Maryland law,” stating that:

The [currently existing child support] order is from Cecil County and specifies there is to be no child support at the time the order was agreed upon.
There is a material change in circumstances that warrants a review for modification.
The material change[s] in circumstances are that the Plaintiff is no longer residing in the mutual marital home as specified in the Voluntary Separation and Property Settle[733]*733ment Agreement and the income of both parties has changed significantly....

Mr. Guidash opposed the modification and the matter was set for a hearing before a master on January 26, 2012. Both parties testified at the hearing.

Mr. Guidash testified that he had retired from the Maryland State Police in May, 2011 and, since that time, has received $5,710 per month in gross retirement income. He stated that he was leasing the parties’ former marital home, of which he was the sole owner, at a rate of $1,500 per month. Mr. Guidash also testified that he continued to maintain health insurance for Joseph (and James as well despite his emancipation) for approximately $153.00 per month. Additionally, Mr. Guidash testified that Joseph stayed with him each week on Friday and Saturday, during most holidays and, for approximately two weeks during the summer.

Ms. Tome testified that she and Joseph moved to an apartment in Rising Sun, Maryland located in Cecil County in July, 2011. Ms. Tome testified that she used $15,000 of the $20,000 paid by Mr. Guidash in July, 2011 to pay the rent on this apartment for two years so she would not have to “worry about rent until after [Joseph] graduated] from high school.” Ms. Tome testified that she was employed at Octorara Publishing, earning an annual income of $36,660. Additionally, Ms. Tome testified, in effect, that Joseph has a learning disability that manifests itself as difficulty in reading and that he attends Perryville High School to take advantage of a program tailored to his needs.2 According to Ms. Tome, Joseph also attends the Cecil County School of Technology. Ms. Tome stated that she transports Joseph to and from these schools, incurring approximately $100 per week in transportation expenses. With regard to visitation, Ms. Tome testified that Joseph “was with his father less than ... thirty overnights last year, despite the fact that he’s supposed to be [734]*734[there more frequently].” Additionally, Ms. Tome asserted that Joseph “was with his father ... maybe two weekends last summer at all ... maybe two.”

At the conclusion of the hearing, the master made findings of fact and recommendations, in which the master determined that the parties’ combined actual monthly income before taxes was $11,865. Thereafter, the master concluded:

There had been a material change in circumstances which warranted the establishment of child support. Defendant no longer has use and possession of the [marital] home ... and sought new living arrangements.
The waiver of child support in the Agreement between the parties is not effective to deny the award of child support at this time, which is in the best interest of the minor child.

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Cite This Page — Counsel Stack

Bluebook (online)
66 A.3d 122, 211 Md. App. 725, 2013 WL 1866934, 2013 Md. App. LEXIS 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guidash-v-tome-mdctspecapp-2013.