Voishan v. Palma

609 A.2d 319, 327 Md. 318, 1992 Md. LEXIS 125
CourtCourt of Appeals of Maryland
DecidedJuly 22, 1992
Docket99, September Term, 1991
StatusPublished
Cited by61 cases

This text of 609 A.2d 319 (Voishan v. Palma) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Voishan v. Palma, 609 A.2d 319, 327 Md. 318, 1992 Md. LEXIS 125 (Md. 1992).

Opinions

CHASANOW, Judge.

John and Margaret Voishan were divorced on June 26, 1981, by decree of the Circuit Court for Anne Arundel County. Margaret was awarded custody of their two daughters and John was ordered to pay $250 per week toward the girls’ support. Over four years later, an order dated October 7, 1985 increased the amount of John’s obligation for the support of both children to $1400 per month. The circuit court’s order also awarded John certain detailed visitation rights.

On March 8, 1991, the circuit court’s intercession was again sought to address John’s request to find Margaret in contempt for violating the visitation order as well as Margaret's motion to modify child support. The Honorable Raymond G. Thieme, Jr. presided at that hearing and shortly thereafter entered an order finding that Margaret was not in contempt of court. That order also increased John’s child support obligation for the one daughter who was still a minor from $700 per month to $1550 per month. John then appealed the modification of child support to the Court of Special Appeals. Because of the important issues raised on appeal, this Court granted certiorari before consideration by the intermediate appellate court. While Margaret failed to file an appellee’s brief or respond to John’s oral arguments, both the Maryland Chapter of the American Academy of Matrimonial Lawyers and the Attorney General of Maryland filed amici curiae briefs and presented oral argument.

[322]*322This dispute requires the Court, for the first time, to address Maryland Code, (1984, 1991 Repl.Vol.) Family Law Article §§ 12-201 et seq. (the “guidelines”).1 The General Assembly enacted these guidelines in 1989 to comply with federal law and regulations. See 42 U.S.C. §§ 651-667 (1982 & 1984 Supp. II) and 45 C.F.R. § 302.56 (1989). The federal mandate required that the guidelines be established and “based on specific descriptive and numeric criteria and result in a computation of the support obligation.” Id. When drafting the guidelines, the Maryland Senate Judicial Proceedings Committee had before it Development of Guidelines For Child Support Orders: Advisory Panel Recommendations and Final Report, U.S. Department of Health and Human Services’ Office of Child Support Enforcement. This report explained that the need for the guidelines was threefold: (1) to “remedy a shortfall in the level of awards” that do not reflect the actual costs of raising children, (2) to “improve the consistency, and therefore the equity, of child support awards,” and (3) to “improve the efficiency of court processes for adjudicating child support____”

After considering several different models recommended by the Advisory Panel on Child Support Guidelines, the General Assembly chose to base Maryland’s guidelines on the Income Shares Model. See Senate Judicial Proceedings Committee, Bill Analysis, Senate Bill 49 (1989). The conceptual underpinning of this model is that a child should receive the same proportion of parental income, and thereby enjoy the standard of living, he or she would have experienced had the child’s parents remained together. Id. see also Robert G. Williams, “Child Support Guidelines: Economic Basis and Analysis of Alternative Approaches,” Improving Child Support Practice 1-12 to 1-13 (A.B.A.1986). Accordingly, the model establishes child support obligations based on estimates of the percentage of income that parents [323]*323in an intact household typically spend on their children. Id. Consistent with this model, the legislature constructed the schedule in § 12-204(e), which sets forth the basic child support obligation for any given number of children based on combined parental income.

Following the Income Shares Model, Maryland’s guidelines first require that the trial judge determine each parent’s monthly “adjusted actual income.” Section 12-201(d) states:

“ ‘Adjusted actual income’ means actual income minus:
(1) preexisting reasonable child support obligations actually paid;
(2) except as provided in § 12-204(a)(2) of this subtitle, alimony or maintenance obligations actually paid; and
(3) the actual cost of providing health insurance coverage for a child for whom the parents are jointly and severally responsible.”

After determining each parent’s monthly “adjusted actual income,” the judge then adds these two amounts together to arrive at the monthly “combined adjusted actual income” of the parents. See § 12-201(e). Having calculated the combined adjusted actual income of the parents, the judge can then determine whether that figure falls within the range of incomes found in the schedule of § 12-204(e). If the figure is within the schedule, the judge then locates the corresponding “basic child support obligation” for the given number of children. Where the monthly income falls between two amounts set forth in the schedule, § 12-204(c) dictates that the basic child support obligation is the same as the obligation specified for the next highest income level. The judge then divides this basic child support obligation between the parents in proportion to each of their adjusted actual incomes. § 12-204(a). The judge must then add together any work-related child care expenses, extraordinary medical expenses, and school and transportation expenses and allocate this total between the parents in proportion to their adjusted actual incomes. § 12-204(g)-(i)- The [324]*324amount of child support computed in this manner2 is presumed to be correct, although this presumption may be rebutted by evidence that such amount would be unjust and inappropriate in a particular case. § 12-202(a)(2). In the instant case, evidence was presented at the March 8, 1991 hearing that John now earns $145,000 per year, while Margaret’s annual income is $30,000. John does not contend that his actual income should be reduced by any expenses identified in § 12-201(d). Therefore, he computes a “combined adjusted actual income” of $175,000 a year or $14,583 per month in his argument to this Court. This combined income exceeds $10,000 per month, which is the highest income provided for in § 12-204(e). The legislature addressed this situation in § 12-204(d), which says: “If the combined adjusted actual income exceeds the highest level, specified in the schedule in subsection (e) of this section, the court may use its discretion in setting the amount of child support.”

While John’s primary contention is that Judge Thieme abused his discretion in setting the monthly obligation at $1550, he first argues that the judge could not modify the amount of child support without making a threshold finding that there was a “material change of circumstance.” See § 12-104(a). At the hearing before Judge Thieme, John’s trial counsel never suggested that the parties’ circumstances had not materially changed. In effect, John’s trial counsel admitted that a material change in circumstances existed when she told Judge Thieme, “We’re not arguing that [Margaret] shouldn’t have an increase.” Moreover, in more than doubling the amount of child sup[325]*325port, Judge Thieme implicitly found that a change of circumstances had been shown. See § 12-202(b).

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Bluebook (online)
609 A.2d 319, 327 Md. 318, 1992 Md. LEXIS 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/voishan-v-palma-md-1992.