Articles Posted in Child Custody

Jackson remains precedent in “above the guidelines” cases.

Jackson v. Proctor, 145 Md. App. 76 (2002).

The Court of Special appeals reviewed, once again, an above-the-guidelines case involving a professional football player in Jackson. The appellant, Mr. Jackson, earned an average salary of $710,000 per year, exclusive of bonuses, throughout his three year contract with the Tampa Bay Buccaneers.  The appellee earned a miniscule annual income that was around $16,000 per year, while she was earning her undergraduate and graduate degrees at Penn State University.  The parties’ combined monthly income exceeded $55,000 per month, constituting an above-the-guidelines, discretionary child support determination under Md. Family Law Code Ann. § 12-204(d).

Freeman remains precedent in “above-the-guidelines” cases.

Smith v. Freeman, 149 Md. App. 1 (2002).

In Smith, the Court of Special Appeals addressed another above-the-guidelines case.  This case differs from the aforementioned cases as the parties were never married.  Antonio Freeman, the appellee was a professional football player earning annual salaries over $1,000,000 per year.  At all points relevant to this matter, the appellant was unemployed and attending school.  When the parties initially entered into an agreement regarding child support, Mr. Freeman was making an annual salary of $1.2 million.  At that time, Mr. Freeman was making a combined monthly child support payment of $4,016.66, which included the $3,500 child support payment the parties agreed upon and a monthly payment of $516.66 for the child’s tuition.  Two years later, Mr. Freeman was making an annual salary of $3.2 million.  Following this rise in salary, the appellant, Ms. Smith, requested a modification of the child support obligation arguing a material change in circumstances.

A Custody Evaluator is appointed by a Court pursuant to Maryland Rule 9-205.3.  Pursuant to the Maryland Rule there are mandatory elements of a Custody Evaluation as set forth in 9-205.3(f)(1) and optional elements as set forth in 9-205.3(f)(2).  Mandatory elements, subject to any protective order of the court, a custody evaluation shall include: (A) a review of the relevant court records pertaining to the litigation; (B) an interview with each party; (C) an interview of the child, unless the custody evaluator determines and explains that by reason of age, disability, or lack of maturity, the child lacks capacity to be interviewed; (D) a review of any relevant educational, medical, and legal records pertaining to the child; (E) if feasible, observations of the child with each party, whenever possible in that party’s household; (F) factual findings about the needs of the child and the capacity of each party to meet the child’s needs; and (G) a custody and visitation recommendation based upon an analysis of the facts found or, if such a recommendation cannot be made, an explanation of why. Optional elements include, subject to subsection (f)(3) of this Rule, at the discretion of the custody evaluator, a custody evaluation also may include: (A) contact with collateral sources of information; (B) a review of additional records; (C) employment verification; (D) an interview with any other individual residing in the household; (E) a mental health evaluation; (F) consultation with other experts to develop information that is beyond the scope of the evaluator’s practice or area of expertise; and (G) an investigation into any other relevant information about the child’s needs. Maryland Rule 9-205.3(f)(1)(G) specifically provides the custody evaluator is to provide “a custody and visitation recommendation based upon an analysis of the facts found or, if such a recommendations cannot be made, an explanation of why”.

For more information on Maryland divorce and child custody matters contact an experienced divorce attorney.