Legal Question in Family Law in Maryland

Voluntarily Impoverished Parent

My boyfriend has an upcoming hearing for modification to child support. At the last modification earlier this year, only her part time income was counted and he was not credited with providing health insurance coverage for the child. She voluntarily impoverished herself about 1 1/2 years ago (got married and had a child, quit work). Our question is: Since we didn't realize at the last hearing that she only gave us a W-2 for part-time income, will the judge likely count her full time income next time (it will make a 25% change in the support obligation)? He has been doing really well on his own (and with my help) as he has already had two reductions in the last two years, but that was because in the past he let her decide how much he should pay and not the guidelines.


Asked on 8/02/00, 11:46 pm

1 Answer from Attorneys

Carolyn Press Chung & Press. P.C.

Re: Voluntarily Impoverished Parent

If your boyfriend is paying for health insurance for his child, that should be considered in child support calculations, according to the guidelines. If the mother is working at more than a part time job, or has more than one job, all of her income should be included in the calculations. You don't say whether the mother is in fact working more than part time. If she isn't, and has a child under two years old at home, the court cannot attribute full time income to her. The following is not an answer to your question, but I will say it anyhow: Your boyfriend has had two child support modification hearings in two years, and has another coming up.

It sounds almost like he has a hobby of going to court about child support. Even if he is not represented by an attorney, the cost to everyone involved of going back to court this often can be enormous, not just in dollars spent but in time, energy and emotional expenditures. The constant returns to court preserves all of the hostilities which were there at the time of the divorce, and inevitably this has a bad effect on the children concerned. No one should be expected to play the victim and pay unreasonable amounts of child support, but sometimes the cost of a court fight about a few dollars is more harmful than helpful.

End of editorial. I hope the child support gets worked out in a fair and reasonable way which keeps everyone satisfied for a long time.

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Answered on 9/13/00, 2:55 pm


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