Wills v. Jones

667 A.2d 331, 340 Md. 480, 1995 Md. LEXIS 153
CourtCourt of Appeals of Maryland
DecidedNovember 15, 1995
DocketNo. 23
StatusPublished
Cited by55 cases

This text of 667 A.2d 331 (Wills v. Jones) 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
Wills v. Jones, 667 A.2d 331, 340 Md. 480, 1995 Md. LEXIS 153 (Md. 1995).

Opinion

MURPHY, Chief Judge.

This ease requires us to determine whether penal incarceration constitutes a material change of circumstance sufficient to justify the modification of a child support award under Maryland Code (1984, 1991 Repl.Vol., 1994 Supp.) § 12-104 of the Family Law Article, and whether an incarcerated parent should be considered voluntarily impoverished under § 12-204(b) of that Article. We hold that a prisoner’s incarceration may constitute a material change of circumstance if the effect on the prisoner’s ability to pay child support is sufficiently reduced due to incarceration. Moreover, we conclude that a prisoner is not “voluntarily impoverished” unless he or she committed a crime with the intent of going to prison or otherwise becoming impoverished.

[484]*484I

A

As this Court has repeatedly recognized, one of the most fundamental duties of parenthood “is the obligation of the parent to support the child until the law determines that he is able to care for himself.” Carroll County v. Edelmann, 320 Md. 150, 170, 577 A.2d 14 (1990); see Middleton v. Middleton, 329 Md. 627, 631, 620 A.2d 1363 (1993) (citing numerous decisions from this Court). In accordance with this obligation, § 5-203(b)(l) of the Family Law Article provides that parents “are jointly and severally responsible for the child’s support, care, nurture, welfare, and education____” Title 12 of that Article gives Maryland courts the authority to award child support to a custodial parent or child support agency. See § 12-101(a). In limited circumstances, the courts also have authority to modify an existing child support award. § 12-104.

The child support guidelines codified at §§ 12-201 to 12-204 of the Family Law Article provide the method of analysis used to determine the amount of child support awarded in each case. Section 12-202(a)(2) makes the use of these guidelines mandatory unless the result would “be unjust or inappropriate in a particular case.” When a court departs from the child support guidelines, it must make a written finding stating the amount of support that would have been ordered under the guidelines, how the court’s order varies from the guidelines, and how this variance serves the best interests of the child. Id.

In general, the child support guidelines “establish[] child support obligations based on estimates of the percentage of income that parents in an intact household typically spend on their children.” Voishan v. Palma, 327 Md. 318, 322-23, 609 A.2d 319 (1992). In Voishan, we discussed in detail the process of using the guidelines to fix a parent’s support obligation. See id. at 323-24, 609 A.2d 319. For the present case, we reiterate that the obligation is calculated by determining each parent’s monthly income, using the table at § 12-[485]*485204(e) to determine the parents’ combined monthly support obligation, and dividing this obligation between the two parents in proportion to their relative incomes. Id.

Because the parents’ income levels determine the amount of support that a child receives, it is imperative to accurately assess the parents’ respective incomes. It is equally imperative that parents be prevented from avoiding their support obligations by purposefully reducing their income. Thus, § 12-201(b)(2) provides that a parent’s “potential income” may be used to calculate the amount of the support obligation if the parent is “voluntarily impoverished.” A parent’s potential income is defined as “income attributed to a parent determined by the parent’s employment potential and probable earnings level based on, but not limited to, recent work history, occupational qualifications, prevailing job opportunities, and earnings levels in the community.” § 12—201(f).

B

Randy Jones (Jones) and Natasha Wills (Wills) are the parents of Rhondell Durell Jones (Rhondell), bom on October 5,1982. Jones was incarcerated on September 23,1992, when he began serving a mandatory ten-year sentence. The nature of the crime for which Jones was incarcerated is not disclosed in the record and is not relevant to our decision. At the time of his incarceration, Jones was obligated to pay Wills $50 per week in child support. Following his incarceration, Jones’s cash income dropped to twenty dollars per month. Jones appears to have no assets. If Jones’s support obligation remains at $50 per week throughout his incarceration, he will be approximately $26,000 in arrears by the time of his release.

On May 20, 1993, Jones filed in the Circuit Court for Anne Arundel County a motion to “Stay Enforcement of Child Support Obligation.” Wills filed an answer opposing Jones’s motion, and a hearing was held before a master on September 14, 1993. The master recommended that Jones’s motion be denied, finding that his incarceration was “self-induced and voluntary” and therefore did not justify modifying Jones’s [486]*486support obligation. The circuit court (Cawood, J.) disagreed and granted Jones’s motion. The court found that Jones had not voluntarily impoverished himself through commission of a crime and his subsequent incarceration.

The Court of Special Appeals affirmed the circuit court’s judgement. Wills v. Jones, 102 Md.App. 589, 650 A.2d 736 (1994). In her petition for writ of certiorari, which we granted, Wills argues that Jones’s support obligation should not be modified because an incarcerated parent should be considered “voluntarily impoverished” within the meaning of § 12-204 of the Family Law Article.

II

It is unclear from the record precisely what relief the circuit court granted by its order “staying enforcement” of Jones’s child support obligation. Wills contends that the circuit court terminated Jones’s obligation to support his child, while Jones contends that the circuit court merely suspended his support obligation under its authority to modify child support awards during the time he was in prison.

The confusion arises, at least in part, from the label under which Jones originally filed his petition. By its terms, Jones’s original motion asked the circuit court to stay enforcement of the obligation during his stay in prison, and made no request to modify the amount of that obligation. Because Jones originally filed his petition pro se, however, the lower courts did not strictly hold him to the language of his original petition. As the Court of Special Appeals noted, “[although [Jones’s] motion was for a stay of enforcement of his child support obligation, it is clear from the record that what he really sought (and what [Wills] and the trial judge understood he was requesting) was a cessation or suspension of the support obligation itself while he was incarcerated.” Wills, supra, 102 Md.App. at 552, 650 A.2d 736.

If, as Wills contends, the circuit court’s order was intended to terminate Jones’s obligation to pay child support, its authority to do so cannot arise from § 12-104(a). Although [487]

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Bluebook (online)
667 A.2d 331, 340 Md. 480, 1995 Md. LEXIS 153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wills-v-jones-md-1995.