§ 16-914 Custody of children
(a) (1) (A) In any proceeding between parents in which the custody of a child is raised as an issue, the best interest of the child shall be the primary consideration. The race, color, national origin, political affiliation, sex, sexual orientation, or gender identity or expression of a party, in and of itself, shall not be a conclusive consideration. The Court shall make a determination as to the legal custody and the physical custody of a child. A custody order may include:
(i) sole legal custody;
(ii) sole physical custody;
(iii) joint legal custody;
(iv) joint physical custody; or
(v) any other custody arrangement the Court may determine is in the best interest of the child.
(B) For the purposes of this paragraph, the term:
(i) "Legal custody" means legal responsibility for a child. The term "legal custody" includes the right to make decisions regarding that child's health, education, and general welfare, the right to access the child's educational, medical, psychological, dental, or other records, and the right to speak with and obtain information regarding the child from school officials, health care providers, counselors, or other persons interacting with the child.
(ii) "Physical custody" means a child's living arrangements. The term "physical custody" includes a child's residency or visitation schedule.
(2) Unless the court determines that it is not in the best interest of the child, the court may issue an order that provides for frequent and continuing contact between each parent and the minor child or children and for the sharing of responsibilities of child-rearing and encouraging the love, affection, and contact between the minor child or children and the parents regardless of marital status. There shall be a rebuttable presumption that joint custody is in the best interest of the child or children, except in instances where a judicial officer has found by a preponderance of the evidence that an intrafamily offense as defined in D.C. Code section 16-1001(5) [now § 16-1001(6)], an instance of child abuse as defined in section 102 of the Prevention of Child Abuse and Neglect Act of 1977, effective September 23, 1977 (D.C. Law 2-22; D.C. Code § 4-1301.02), an instance of child neglect as defined in section 2 of the Child Abuse and Neglect Prevention Children's Trust Fund Act of 1993, effective October 5, 1993 (D.C. Law 10-56; D.C. Code § 4-1341.01), or where parental kidnapping as defined in D.C. Code section 16-1021 through section 16-1026 has occurred. There shall be a rebuttable presumption that joint custody is not in the best interest of the child or children if a judicial officer finds by a preponderance of the evidence that an intrafamily offense as defined in D.C. Code section 16-1001(5) [now § 16-1001(6)], an instance of child abuse as defined in section 102 of the Prevention of Child Abuse and Neglect Act of 1977, effective September 23, 1977 (D.C. Law 2-22; D.C. Code § 4-1301.02), an instance of child neglect as defined in section 2 of the Child Abuse and Neglect Prevention Children's Trust Fund Act of 1993, effective October 5, 1993 (D.C. Law 10-56; D.C. Code § 4-1341.01), or where parental kidnapping as defined in D.C. Code section 16-1021 through section 16-1026 has occurred.
(3) In determining the care and custody of a child, the best interest of the child shall be the primary consideration. To determine the best interest of the child, the court shall consider all relevant factors, including, but not limited to:
(A) the wishes of the child as to his or her custodian, where practicable;
(B) the wishes of the child's parent or parents as to the child's custody;
(C) the interaction and interrelationship of the child with his or her parent or parents, his or her siblings, and any other person who may emotionally or psychologically affect the child's best interest;
(D) the child's adjustment to his or her home, school, and community;
(E) the mental and physical health of all individuals involved;
(F) evidence of an intrafamily offense as defined in section 16-1001(5) [now § 16-1001(6)];
(G) the capacity of the parents to communicate and reach shared decisions affecting the child's welfare;
(H) the willingness of the parents to share custody;
(I) the prior involvement of each parent in the child's life;
(J) the potential disruption of the child's social and school life;
(K) the geographic proximity of the parental homes as this relates to the practical considerations of the child's residential schedule;
(L) the demands of parental employment;
(M) the age and number of children;
(N) the sincerity of each parent's request;
(O) the parent's ability to financially support a joint custody arrangement;
(P) the impact on Temporary Assistance for Needy Families, or Program on Work, Employment, and Responsibilities, and medical assistance; and
(Q) the benefit to the parents.
(a-1) For the purposes of this section, if the judicial officer finds by a preponderance of evidence that a contestant for custody has committed an intrafamily offense, any determination that custody or visitation is to be granted to the abusive parent shall be supported by a written statement by the judicial officer specifying factors and findings which support that determination. In determining visitation arrangements, if the judicial officer finds that an intrafamily offense has occurred, the judicial officer shall only award visitation if the judicial officer finds that the child and custodial parent can be adequately protected from harm inflicted by the other party. The party found to have committed an intrafamily offense has the burden of proving that visitation will not endanger the child or significantly impair the child's emotional development.
(a-2) Repealed.
(b) Notice of a custody proceeding shall be given to the child's parents, guardian, or other custodian. The court, upon a showing of good cause, may permit intervention by any interested party.
(c) In any custody proceeding under this chapter, the Court may order each parent to submit a detailed parenting plan which shall delineate each parent's position with respect to the scheduling and allocation of rights and responsibilities that will best serve the interest of the minor child or children. The parenting plan may include, but shall not be limited to, provisions for:
(1) the residence of the child or children;
(2) the financial support based on the needs of the child and the actual resources of the parent;
(3) visitation;
(4) holidays, birthdays, and vacation visitation;
(5) transportation of the child between the residences;
(6) education;
(7) religious training, if any;
(8) access to the child's educational, medical, psychiatric, and dental treatment records;
(9) except in emergencies, the responsibility for medical, psychiatric, and dental treatment decisions;
(10) communication between the child and the parents; and
(11) the resolution of conflict, such as a recognized family counseling or mediation service, before application to the Court to resolve a conflict.
(d) In making its custody determination, the Court:
(1) shall consider the parenting plans submitted by the parents in evaluating the factors set forth in subsection (a)(3) of this section in fashioning a custody order;
(2) shall designate the parent(s) who will make the major decisions concerning the health, safety, and welfare of the child that need immediate attention; and
(3) may order either or both parents to attend parenting classes.
(e) Joint custody shall not eliminate the responsibility for child support in accordance with the applicable child support guideline as set forth in § 16-916.01.
(f) (1) An award of custody may be modified or terminated upon the motion of one or both parents, or on the Court's own motion, upon a determination that there has been a substantial and material change in circumstances and that the modification or termination is in the best interest of the child.
(2) When a motion to modify custody is filed, the burden of proof is on the party seeking a change, and the standard of proof shall be by a preponderance of the evidence.
(3) The provisions of this chapter shall apply to motions to modify or terminate any award of custody filed after April 18, 1996.
(g) The Court, for good cause and upon its own motion, may appoint a guardian ad litem or an attorney, or both, to represent the minor child's interests.
(h) The Court shall enter an order for any custody arrangement that is agreed to by both parents unless clear and convincing evidence indicates that the arrangement is not in the best interest of the minor child.
(i) An objection by one parent to any custody arrangement shall not be the sole basis for refusing the entry of an order that the Court determines is in the best interest of the minor child.
(j) The Court shall place on the record the specific factors and findings which justify any custody arrangement not agreed to by both parents.
(Dec. 23, 1963, 77 Stat. 562, Pub. L. 88-241, § 1; 1973 Ed., § 16-914; Oct. 1, 1976, D.C. Law 1-87, § 17, 23 DCR 2544; Apr. 7, 1977, D.C. Law 1-107, title I, § 109, 23 DCR 8737; 1981 Ed., § 16-914; Aug. 25, 1994, D.C. Law 10-154, § 2(b), 41 DCR 4870; Apr. 18, 1996, D.C. Law 11-112, § 2(b), 43 DCR 574; Apr. 20, 1999, D.C. Law 12-241, § 11, 46 DCR 905; Apr. 12, 2000, D.C. Law 13-91, § 142(b), 47 DCR 520; Oct. 19, 2002, D.C. Law 14-207, § 2(i), 49 DCR 7827; June 25, 2008, D.C. Law 17-177, § 10(b), 55 DCR 3696.)
Tuesday, December 29, 2009
Washington D.C. Child Support Guidelines
§ 16-916.01 Child Support Guideline [Formerly § 16-916.1]
(a) In any case that involves the establishment of child support, or in any case that seeks to modify an existing support order, if the judicial officer finds that there is an existing duty of child support, the judicial officer shall conduct a hearing on child support, make a finding, and enter a judgment in accordance with the child support guideline ("guideline") established in this section.
(b) In every action for divorce or custody, and in every proceeding for protection involving an intrafamily offense, instituted pursuant to Chapter 10 of Title 16, where a party has a legal duty to pay support to another party, the judicial officer shall inquire into the parties' child support arrangements. If the party entitled to child support has not requested support, or if the parties have agreed against the entry of a support order, the judicial officer shall advise the parties, regardless of whether they are represented by counsel, of the parties' entitlement to receive and obligation to pay child support under the guideline.
(c) The guideline shall be based on the following principles:
(1) The guideline shall set forth an equitable approach to child support in which both parents share legal responsibility for the support of the child.
(2) The subsistence needs of each parent shall be taken into account in the determination of child support.
(3) A parent has the responsibility to meet the child's basic needs, as well as to provide additional child support above the basic needs level.
(4) Application of the guideline shall be gender neutral.
(5) The guideline shall be applied consistently regardless of whether either parent is a Temporary Assistance for Needy Families, Program on Work, Employment, and Responsibility, or General Assistance for Children recipient, or a recipient of benefits under any substantially similar means-tested public assistance program.
(6) The guideline shall be applied presumptively.
(d) (1) For the purposes of this section, the term "gross income" means income from any source, including:
(A) Salary or wages, including overtime, tips, or income from self- employment;
(B) Commissions;
(C) Severance pay;
(D) Royalties;
(E) Bonuses;
(F) Interest or dividends;
(G) Income derived from a business or partnership after deduction of reasonable and necessary business expenses, but not depreciation;
(H) Social Security;
(I) Veteran's benefits;
(J) Insurance benefits;
(K) Worker's compensation;
(L) Unemployment compensation;
(M) Pension;
(N) Annuity;
(O) Income from a trust;
(P) Capital gains from a real or personal property transaction, if the capital gains represent a regular source of income;
(Q) A contract that results in regular income;
(R) A perquisite or in-kind compensation if the perquisite or in-kind compensation is significant and represents a regular source of income or reduces living expenses, such as use of a company car or reimbursed meals;
(S) Income from life insurance or an endowment contract;
(T) Regular income from an interest in an estate, directly or through a trust;
(U) Lottery or gambling winnings that are received in a lump sum or in an annuity;
(V) Prize or award;
(W) Net rental income after deduction of reasonable and necessary operating costs, but not depreciation; or
(X) Taxes paid on a party's income by an employer or, if the income is nontaxable, the amount of taxes that would be paid if the income were taxable.
(2) For a parent subject to self-employment tax, 1/2 of Social Security and Medicare taxes due and payable on current income shall be deducted from the parent's gross income before the child support obligation is computed.
(3) Alimony paid by either parent to the other parent subject to the support order shall be deducted from the gross income of the parent paying the alimony before the child support obligation is computed. Alimony received from any person, including alimony received from the other parent subject to the support order, shall be added to the gross income of the parent receiving the alimony before the child support obligation is computed. Deductions and additions for alimony shall be made regardless of whether the alimony is court ordered or paid pursuant to an agreement.
(4) A support order that is being paid by either parent shall be deducted from the parent's gross income before the child support obligation is computed.
(5) Each parent shall receive a deduction from gross income for each child living in the parent's home for whom the parent owes a legal duty to pay support, if the child is not subject to the support order. The amount of the deduction shall be calculated by determining the basic child support obligation for the additional child in the parent's home pursuant to subsection (f)(2) of this section, using only the income of the parent entitled to the deduction. This figure shall be multiplied by 75%, and the resulting amount subtracted from the parent's gross income before the child support obligation is computed.
(6) Gross income shall not include benefits received from means-tested public assistance programs, such as Temporary Assistance for Needy Families, Program on Work, Employment, and Responsibility, General Assistance for Children, Supplemental Security Income, or Food Stamps.
(7) Gross income shall not include income received by or on behalf of a child in the household of a parent or third-party custodian, including foster care and guardianship payments, if the income is for a child who is not subject to the support order.
(8) If a child subject to the support order is in the care of a third party, both parents may be required to pay child support. The income of the third party shall not be considered in the calculation of child support.
(9) If a child subject to the support order receives Social Security Disability Insurance ("SSDI") derivative benefits through either parent, the amount of the derivative benefit paid to the child shall be included in the gross income of the parent from whom the benefit derives.
(10) If the judicial officer finds that a parent is voluntarily unemployed or underemployed as a result of the parent's bad faith or deliberate effort to suppress income, to avoid or minimize the parent's child support obligation, or to maximize the other parent's obligation, the judicial officer may impute income to this parent and calculate the child support obligation based on the imputed income. The judicial officer shall not impute income to a parent who is physically or mentally unable to work or who is receiving means-tested public assistance benefits. The judicial officer shall issue written factual findings stating the reasons for imputing income at the specified amount.
(11) The judicial officer shall determine the adjusted gross income of each parent based on evidence, including pay stubs, tax returns, employer statements, affidavits, and oral testimony provided under oath.
(e) The judicial officer shall determine each parent's adjusted gross income by making the additions to and deductions from gross income specified in subsection (d) of this section.
(f) (1) Except in cases of shared physical custody as described in subsection (q) of this section, the child support obligation shall be calculated according to the following procedure:
(A) Determine each parent's adjusted gross income according to subsection (e) of this section.
(B) Using the parents' combined adjusted gross income, locate the basic child support obligation from the Schedule of Basic Child Support Obligations referenced in subsection (w) of this section. If the parents' combined adjusted gross income falls between the amounts shown in the schedule, the basic child support obligation shall be rounded up to the next higher amount.
(C) Calculate each parent's percentage share of combined adjusted gross income by dividing each parent's adjusted gross income by the combined adjusted gross income.
(D) Multiply the basic child support obligation from paragraph (2) of this subsection by each parent's percentage share of combined adjusted gross income from paragraph (3) of this subsection to determine each parent's share of the basic child support obligation. When the parents do not have shared physical custody as defined in subsection (q) of this section, the parent with whom the child does not primarily reside shall be the parent with a legal duty to pay support. The parent with a legal duty to pay support shall pay that parent's share of the basic child support obligation to the parent with whom the child primarily resides. Adjustments for health insurance premiums, extraordinary medical expenses, child care expenses, and SSDI derivative benefits shall be made to this amount according to subsections (i) through (l) of this section. The parent with whom the child primarily resides shall be presumed to spend that parent's own share of child support directly on the child.
(2) Worksheet A in Appendix II may be used to calculate the child support obligation under this subsection.
(g) (1) A parent with a legal duty to pay support may maintain a self-support reserve as provided in this subsection. The self-support reserve shall be calculated at 133% of the United States Department of Health and Human Services poverty guideline per year for a single individual. As of the effective date of the Child Support Guideline Revision Act of 2006 [June 22, 2006], the self-support reserve shall be $12,382. The self-support reserve shall be updated every 2 years and any revision shall be published in the District of Columbia Register.
(2) A parent with a legal duty to pay support, but with adjusted gross income below the self -support reserve, shall be considered unable to contribute the amount determined under subsection (f) of this section. The judicial officer shall treat a parent at this level of income on an individual basis, and shall order the parent to pay only the amount that the judicial officer determines the parent is able to pay, while meeting personal subsistence needs.
(3) Where the judicial officer finds that a parent with adjusted gross income below the self -support reserve has the ability to pay child support under paragraph (2) of this subsection, there shall be a presumption that the parent can pay a minimum amount of $50 per month, while meeting personal subsistence needs. The presumption may be rebutted downward to $0 or upward above $50 per month by evidence of resources or circumstances affecting the parent's ability to pay, including age, employability, disability, homelessness, incarceration, inpatient substance abuse treatment, other inpatient treatment, or other appropriate circumstances. The judicial officer shall issue written factual findings stating the reasons for the entry of a minimum order below or above $50 per month.
(h) The guideline shall not apply presumptively in cases where the parents' combined adjusted gross income exceeds $240,000 per year. In these cases, the child support obligation shall not be less than the amount that the parent with a legal duty to pay support would have been ordered to pay if the guideline had been applied to combined adjusted gross income of $240,000. The judicial officer may exercise discretion to order more child support, after determining the reasonable needs of the child based on actual family experience. The judicial officer shall issue written factual findings stating the reasons for an award of additional child support.
(i) (1) All orders shall contain terms providing for the payment of medical expenses for the child in accordance with section 16-916.
(2) Amounts paid by either parent for health insurance premiums for a child subject to the support order shall be divided between the parents in proportion to their respective adjusted gross incomes and added to the parents' respective shares of the basic child support obligation.
(3) A parent shall present proof of the increase in a health insurance premium incurred as a result of the addition of the child to the health insurance policy. The proof provided shall identify clearly that the source of the increase of the health insurance premium is the child subject to the support order. The cost to add the child shall be reasonable.
(4) If a parent has family health insurance coverage in the parent's health insurance plan for a second family, the addition of the child who is subject to the support order need not result in an additional cost of health insurance coverage to the parent. The parent shall provide proof that the child has been added to the health insurance coverage. An adjustment shall not be made if there is no additional cost of health insurance coverage to the parent.
(5) Health insurance coverage shall be considered reasonable in cost if the cost to the obligated parent of providing coverage for the children subject to the support order pursuant to § 16-916.01(i)(3) does not exceed 5% of the parent's gross income.
(j) (1) Extraordinary medical expenses are uninsured or unreimbursed medical expenses in excess of $250 per year, per child subject to the support order. These expenses include copayments, deductibles, and contributions associated with public and private health insurance coverage, and costs that are reasonably necessary for orthodontia, dental treatment, asthma treatments, physical therapy, vision care, or the diagnosis or treatment of a health condition.
(2) Extraordinary medical expenses shall be divided between the parents in proportion to their respective adjusted gross incomes.
(3) If extraordinary medical expenses are recurring and the judicial officer can reasonably determine future expenses when the support order is established or modified, the judicial officer shall add each parent's proportionate share of the expenses to the parent's share of the basic child support obligation. The parents shall pay other extraordinary medical expenses in proportion to their adjusted gross incomes when these expenses are incurred. If either parent advances payment for these expenses to a provider of services, the other parent shall reimburse that parent for the other parent's proportionate share of the expense within 30 days of receiving written proof of the expense and payment.
(k) Reasonable child care expenses incurred for a child subject to the support order due to the employment or education of either parent shall be divided between the parents in proportion to their adjusted gross incomes and added to their respective shares of the basic child support obligation. Child care expenses shall be determined by actual family experience, unless the judicial officer determines that the actual family experience is not in the best interest of the child. If there is no actual family experience, or if the actual family experience is not in the best interest of the child, the judicial officer shall determine a reasonable child care expense based on the cost of child care from a licensed source. If the primary residential parent chooses child care with an actual cost that is less than the level required to provide child care from a licensed source, the judicial officer shall use the actual child care expense to calculate the child support obligation.
(l) If a child subject to the support order receives SSDI derivative benefits from the parent with a legal duty to pay support, the following adjustment to the child support obligation shall be made:
(1) After the child support obligation is calculated pursuant to subsections (f) through (k) of this section, the amount of the SSDI derivative benefit paid to the child shall be subtracted from the child support obligation. If the SSDI derivative benefit is less than the child support obligation, the order shall be set at the difference between the child support obligation and the SSDI derivative benefit. If the SSDI derivative benefit is greater than the child support obligation, the order shall be set at zero.
(2) If the judicial officer finds that SSDI derivative benefits were paid to a child subject to the support order prior to the filing of the petition to establish or motion to modify child support, these benefits shall be credited toward any retroactive child support or accumulated arrears owed pursuant to the support order.
(m) As the last calculation in the determination of child support, the judicial officer shall calculate a low-income adjustment to ensure that the parent with a legal duty to pay support is able to satisfy personal subsistence needs after the payment of child support. The judicial officer shall apply this low-income adjustment after additions to and deductions from the parent's share of the basic child support obligation have been made pursuant to subsections (i) through (l) of this section. The low-income adjustment shall be calculated as follows:
(1) Calculate a child support obligation for the parent with a legal duty to pay support according to subsections (f) and (i) through (l) of this section.
(2) Determine the parent's maximum ability to pay child support by subtracting the self-support reserve from the parent's adjusted gross income. If the remainder is negative or less than $600 per year, apply subsection (g) of this section to determine the parent's child support obligation.
(3) If the parent's maximum ability to pay child support calculated under paragraph (2) of this subsection is greater than or equal to $600 per year, compare the parent's maximum ability to pay child support to the child support obligation calculated in paragraph (1) of this subsection. The parent's child support obligation shall be the lesser of these 2 amounts.
(n) The child support obligation, including additions for health insurance premiums, extraordinary medical expenses, and child care expenses, shall not exceed 35% of the adjusted gross income of the parent with a legal duty to pay support.
(o) (1) If the parties present a consent order, an agreement that is to become an order, or a written agreement that is to be merged in an order, the judicial officer shall examine the child support provisions of the agreement, and compare the child support provisions to the guideline. If the amount of child support agreed upon is different from the amount of child support that would be ordered presumptively upon application of the guideline, the judicial officer shall determine if the agreed-upon level of child support is fair and just. If the parties are represented by counsel, the judicial officer shall inquire whether the attorneys informed the clients of the guideline. If the clients have not been informed of the guideline, the judicial officer shall advise the attorneys to do so. If a party is not represented by an attorney, the judicial officer shall ensure that the party is aware of the child support amount that the court would order presumptively pursuant to the guideline.
(2) The propriety of a departure from the guideline based on the consent of the parties shall be justified in writing with a statement of the factors that form the basis for the judicial officer's finding that the departure is fair and just. A transcript filed in the jacket shall suffice as a writing.
(p) Application of the guideline shall be presumptive. The guideline shall be applied unless its application would be unjust or inappropriate in the circumstances of the particular case. The propriety of any departure from the guideline under this subsection shall be justified in writing with a statement of the factors that form the basis for the judicial officer's finding that the guideline amount is unjust or inappropriate. A transcript filed in the jacket shall suffice as a writing. The factors that may be considered to overcome the presumption are:
(1) The needs of the child are exceptional and require more than average expenditures;
(2) The gross income of the parent with a legal duty to pay support is substantially less than that of the parent to whom support is owed;
(3) A property settlement provides resources readily available for the support of the child in an amount at least equivalent to the guideline amount;
(4) Either parent supports a dependent other than a child subject to the support order, including a biological or adoptive child, a step-child, or an elderly relative, and application of the guideline would result in extraordinary hardship;
(5) The parent with a legal duty to pay support needs a temporary period of reduced child support payments to permit the repayment of a debt or rearrangement of the parent's financial obligations; a temporary reduction may be included in a support order if:
(A) The debt or obligation is for a necessary expenditure of reasonable cost in light of the parent's family responsibilities;
(B) The time of the reduction does not exceed 12 months; and
(C) The support order includes the amount that is to be paid at the end of the reduction period and the date that the higher payments are to commence;
(6) The parent to whom support is owed receives child support for a child living in this parent's home, other than the child subject to the support order, and the resulting gross income of the household to which support is owed causes the standard of living of that household to be greater than that of the household of the parent with a legal duty to pay support. For the purposes of this paragraph, the standard of living of a household shall be measured by dividing the gross income available to the household from all sources by the federal poverty guideline, as reported by the United States Department of Health and Human Services, for the number of adults contributing to the household, plus the number of children;
(7) A child subject to the support order has regular and substantial income that can be used for the care of the child without impairment of the child's current or future education;
(8) The parent with a legal duty to pay support has special needs that increase the costs of the parent's subsistence;
(9) The parent with a legal duty to pay support pays for certain expensive necessities for the child, such as tuition;
(10) The parent with a legal duty to pay support is 18 years old or younger and a full-time student;
(11) The child is a respondent in a neglect proceeding and has been placed outside the home with a goal of reunification with the parent; or
(12) Any other exceptional circumstance that would yield a patently unfair result.
(q) (1) Where a child spends 35% or more of the time during the year with each parent, there shall be a presumption that the parents have shared physical custody of the child. The child support obligation shall be calculated according to the following procedure:
(A) Determine the adjusted basic child support obligation by calculating the basic child support obligation pursuant to subsection (f)(2) of this section and multiplying it by 1.5.
(B) Determine each parent's proportionate share of the adjusted basic child support obligation based on each parent's share of combined adjusted gross income.
(C) Determine the amount of child support to be retained by each parent by multiplying each parent's share of the adjusted basic child support obligation by the percentage of time the child spends with the relevant parent.
(D) Subtract the amount of child support to be retained by each parent from the relevant parent's share of the adjusted basic child support obligation to determine the amount of each parent's child support obligation.
(E) The parent owing the greater amount under subparagraph (D) of this paragraph shall be the parent with a legal duty to pay support, and shall pay the difference between the 2 amounts to the other parent.
(F) Additions to and deductions from the parents' respective shares of the adjusted basic child support obligation determined under subparagraph (D) of this paragraph, shall be made as specified in subsections (i) through (l) of this section.
(G) A child support obligation calculated based on shared physical custody shall not exceed the amount that the parent with a legal duty to pay support would pay if this parent's child support obligation were calculated based on the other parent's sole custody pursuant to subsection (f) of this section.
(2) Where the presumption of shared physical custody does not apply because the child does not spend 35% or more of the time during the year with each parent, the judicial officer shall presumptively calculate the child support obligation based on sole physical custody pursuant to subsection (f) of this section.
(3) If the presumption of shared physical custody applies pursuant to paragraph (1) of this subsection, either parent may rebut this presumption by proving that the method of calculating the child support obligation based on shared physical custody would be unjust or inappropriate because of the parents' particular arrangements for the custody of the child. If a parent rebuts this presumption, the judicial officer shall calculate the child support obligation based on sole physical custody pursuant to subsection (f) of this section.
(4) If the presumption of shared physical custody does not apply pursuant to paragraph (1) of this subsection, either parent may rebut the presumption that the support obligation should be calculated based on sole physical custody pursuant to subsection (f) of this section by proving that use of that method would be unjust or inappropriate based on the parents' particular arrangements for the custody of the child and that a calculation based on shared physical custody would yield a fair and just result. If a parent rebuts the presumption that the child support obligation should be calculated based on sole physical custody under this paragraph, the judicial officer shall calculate the child support obligation based on shared physical custody pursuant to paragraph (1) of this subsection.
(5) Where a parent has challenged the applicability of either method for calculating the child support obligation under this subsection, the judicial officer shall issue written factual findings stating the reason for using either the shared custody or sole custody method of calculation.
(6) Worksheet (B) in Appendix III may be used to calculate the child support obligation under this subsection.
(r) A support order issued under this section or section 46-204, shall be subject to modification by application of the guideline subject to the following conditions or limitations:
(1) The parents in a child support proceeding shall exchange relevant information on finances or dependents every 3 years and shall be encouraged to update a support order voluntarily using the updated information and the guideline. Relevant information is any information that is used to compute child support pursuant to the guideline.
(2) Every 3 years, in cases being enforced under title IV, part D of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C.S. § 651 et seq.), the IV-D agency shall notify both parents of the right to a review, and, if appropriate, a modification of the support order under the guideline. The IV-D agency shall conduct the review in all cases where there is an assignment of support rights pursuant to § 4-205.19, and at the request of either parent in all other cases. If the IV-D agency conducts a review, the IV-D agency shall inform both parents if a modification is warranted under the guideline, and shall petition for a modification of the support order when there is an assignment of support rights or if requested by a parent.
(3) If a support order does not provide for the payment of medical expenses for each child subject to the support order, at the request of a party or the IV-D agency, the court shall modify the support order to provide for the payment of such expenses in accordance with section 16-916.
(4) (A) There shall be a presumption that there has been a substantial and material change of circumstances that warrants a modification of a support order if application of the guideline to the current circumstances of the parents results in an amount of child support that varies from the amount of the existing support order by 15% or more. The presumption is rebutted by:
(i) Proof of special circumstances, such as a circumstance that would justify a departure from the guideline; or
(ii) Proof of substantial reliance on the original support order issued prior to the adoption of or revision to the guideline, and that application of the guideline would yield a patently unjust result.
(B) If a change to the guideline results in a support order that differs from the current support order by 15% or more, the presumption stated in subparagraph (A) of this paragraph shall apply, and the current order may be modified without any additional showing of a change in circumstances.
(C) Nothing in this paragraph shall be construed to limit the ability of a parent to seek a modification of a support order upon a showing of a material and substantial change in the needs of the child or the ability of the parent with a legal duty to pay support to pay, regardless of whether this change results in a support order that differs by 15% or more from the current order.
(5) In cases being enforced under title IV, part D of the Social Security Act, approved January 4, 1975 (88 Stat. 2371; 42 U.S.C.S. § 651 et seq.), upon receipt of notice and documentation establishing that a parent is incarcerated in a specific facility (except where the parent is incarcerated for contempt for failure to pay child support pursuant to section 46-225.02), the IV-D agency shall review the circumstances of both parents and determine if a modification of the support order is appropriate under the guideline. If the IV-D agency determines that a parent's incarceration has resulted in a change in financial circumstances warranting a modification of the support order, the IV-D agency may request the court to suspend or modify the support order pursuant to this subsection. Upon receipt of such a request, the court shall modify the support order in accordance with the guideline. The court may modify the support order from the date on which the IV-D agency received notice under this paragraph of the parent's incarceration.
(6) The basic child support obligation, as adjusted by additions and deletions made pursuant to subsections (i) through (l) of this section, shall be used to compute the amount of child support the guideline would yield for modification and to apply the test for the presumption.
(7) If a support order is issued after September 27, 1987, and the amount of the support order differs from the guideline, by order of the court or by a merged agreement of the parties, the presumption shall not apply within one year of the issuance of the support order.
(8) If a motion to modify a support order pursuant to this section is accompanied by an affidavit that sets forth sufficient facts and guideline calculations, and is accompanied by proof of service upon the respondent, the judicial officer may enter an order modifying the support order in accordance with the guideline unless a party requests a hearing within 30 days of service of the motion for modification. No support order shall be modified without a hearing if a hearing is timely requested.
(9) Notwithstanding paragraphs (3) through (6) of this subsection, a party may submit a praecipe with a certification of waiver and supporting documentation, as prescribed by the court, to modify the child support amount by agreement of the parties at any time. This agreement shall be reviewed by a judicial officer for issuance of a revised support order in the same manner as an original agreement of the parties is reviewed.
(10) The judicial officer shall justify any departure from the guideline in writing with a statement of the factors that form the basis for the finding that the guideline amount is unjust or inappropriate. A transcript filed in the jacket shall suffice as a writing.
(11) Notwithstanding paragraph (4)(B) of this subsection, if a new child is born to the parents, the guideline shall be applied to the entire family and one order shall be issued for all the children in the family. If possible, the 2 cases shall be consolidated if child support for the last child is petitioned as a separate case.
(12) Nothing in this subsection shall preclude a party from moving to modify a support order at any other time.
(s) A support order shall not be deemed invalid on the sole basis that the support order was issued pursuant to the Superior Court of the District of Columbia Child Support Guideline and prior to the effective date of the Child Support Guideline Amendment Emergency Act of 1989, effective December 21, 1989 (D.C. Act 8-127; 37 DCR 3).
(t) Upon the occurrence of a substantial and material change in circumstances sufficient to warrant the modification of a child support obligation pursuant to the guideline, the judicial officer may modify any provision of an agreement or settlement relating to child support, without regard to whether the agreement or settlement is entered as a consent order or is incorporated or merged in a court order.
(u) If an order or agreement providing for child support does not set forth a date on which the child support commences, the child support shall be deemed to commence on the date the order was entered or the date the agreement was executed.
(v) (1) When a case is brought to establish child support, the judicial officer may award retroactive child support for a period not to exceed the 24 months preceding the filing of the petition or request for child support, unless the parent to whom support is owed proves that the parent with a legal duty to pay support has acted in bad faith or there are other extraordinary circumstances warranting an award of retroactive child support beyond the 24-month period. Upon this showing, the judicial officer may award retroactive child support for a period that exceeds the 24 months prior to the filing of the petition or request for child support. The judicial officer shall issue written factual findings stating the reason for awarding retroactive child support beyond the 24 month period.
(2) Retroactive child support shall be determined by calculating the guideline using the parents' incomes during the retroactive period and by considering the current ability to pay of the parent with a legal duty to pay support according to subsections (g) and (m) of this section.
(3) If the parent with a legal duty to pay support made voluntary payments or contributions to the child's expenses during the retroactive period, and proves these payments or contributions, the judicial officer shall credit the payments or contributions against an award of retroactive child support.
(w) The Schedule of Basic Child Support Obligations contained in Appendix I shall be used to determine child support under the guideline.
(x) The worksheets contained in Appendices II and III may be used to calculate child support obligations under the guideline. Refer to Worksheet B in Appendix III to calculate child support in cases involving shared physical custody pursuant to subsection (q) of this section. Refer to Worksheet A in Appendix II to calculate child support in all other cases.
(y) The Mayor shall recommend to the Council every 4 years whether the dollar values in subsections (g)(3), (h), (j)(1), (m)(2), and (m)(3) of this section should [be] adjusted for inflation.
(1981 Ed., § 16-916.1; Mar. 15, 1990, D.C. Law 8-90, § 2(b), 37 DCR 758; July 25, 1990, D.C. Law 8-150, § 2(b), 37 DCR 3720; Sept. 26, 1990, D.C. Law 8-165, § 3, 37 DCR 4827; Mar. 16, 1995, D.C. Law 10-217, § 3, 41 DCR 8040; Apr. 9, 1997, D.C. Law 11-255, § 18(e), 44 DCR 1271; Mar. 24, 1998, D.C. Law 12-81, § 10(g), 45 DCR 745; Apr. 20, 1999, D.C. Law 12-241, § 12, 46 DCR 905; Apr. 3, 2001, D.C. Law 13-269, § 106(h), 48 DCR 1270; Jan. 8, 2002, 115 Stat. 2100, Pub. L. 107-114, § 2(d)(1); Oct. 19, 2002, D.C. Law 14-207, § 2(k), 49 DCR 7827; Mar. 30, 2004, D.C. Law 15-130, § 202(c), 51 DCR 1615; May 24, 2005, D.C. Law 15-357, § 104, 52 DCR 1999; April 13, 2005, D.C. Law 15-354, § 28(b)(2), 52 DCR 2638; May 12, 2006, D.C. Law 16-100, § 2(h), 53 DCR 1886; June 22, 2006, D.C. Law 16-138, § 2(a), 53 DCR 3650; Mar. 20, 2008, D.C. Law 17-128, § 2(d), 55 DCR 1525.)
(a) In any case that involves the establishment of child support, or in any case that seeks to modify an existing support order, if the judicial officer finds that there is an existing duty of child support, the judicial officer shall conduct a hearing on child support, make a finding, and enter a judgment in accordance with the child support guideline ("guideline") established in this section.
(b) In every action for divorce or custody, and in every proceeding for protection involving an intrafamily offense, instituted pursuant to Chapter 10 of Title 16, where a party has a legal duty to pay support to another party, the judicial officer shall inquire into the parties' child support arrangements. If the party entitled to child support has not requested support, or if the parties have agreed against the entry of a support order, the judicial officer shall advise the parties, regardless of whether they are represented by counsel, of the parties' entitlement to receive and obligation to pay child support under the guideline.
(c) The guideline shall be based on the following principles:
(1) The guideline shall set forth an equitable approach to child support in which both parents share legal responsibility for the support of the child.
(2) The subsistence needs of each parent shall be taken into account in the determination of child support.
(3) A parent has the responsibility to meet the child's basic needs, as well as to provide additional child support above the basic needs level.
(4) Application of the guideline shall be gender neutral.
(5) The guideline shall be applied consistently regardless of whether either parent is a Temporary Assistance for Needy Families, Program on Work, Employment, and Responsibility, or General Assistance for Children recipient, or a recipient of benefits under any substantially similar means-tested public assistance program.
(6) The guideline shall be applied presumptively.
(d) (1) For the purposes of this section, the term "gross income" means income from any source, including:
(A) Salary or wages, including overtime, tips, or income from self- employment;
(B) Commissions;
(C) Severance pay;
(D) Royalties;
(E) Bonuses;
(F) Interest or dividends;
(G) Income derived from a business or partnership after deduction of reasonable and necessary business expenses, but not depreciation;
(H) Social Security;
(I) Veteran's benefits;
(J) Insurance benefits;
(K) Worker's compensation;
(L) Unemployment compensation;
(M) Pension;
(N) Annuity;
(O) Income from a trust;
(P) Capital gains from a real or personal property transaction, if the capital gains represent a regular source of income;
(Q) A contract that results in regular income;
(R) A perquisite or in-kind compensation if the perquisite or in-kind compensation is significant and represents a regular source of income or reduces living expenses, such as use of a company car or reimbursed meals;
(S) Income from life insurance or an endowment contract;
(T) Regular income from an interest in an estate, directly or through a trust;
(U) Lottery or gambling winnings that are received in a lump sum or in an annuity;
(V) Prize or award;
(W) Net rental income after deduction of reasonable and necessary operating costs, but not depreciation; or
(X) Taxes paid on a party's income by an employer or, if the income is nontaxable, the amount of taxes that would be paid if the income were taxable.
(2) For a parent subject to self-employment tax, 1/2 of Social Security and Medicare taxes due and payable on current income shall be deducted from the parent's gross income before the child support obligation is computed.
(3) Alimony paid by either parent to the other parent subject to the support order shall be deducted from the gross income of the parent paying the alimony before the child support obligation is computed. Alimony received from any person, including alimony received from the other parent subject to the support order, shall be added to the gross income of the parent receiving the alimony before the child support obligation is computed. Deductions and additions for alimony shall be made regardless of whether the alimony is court ordered or paid pursuant to an agreement.
(4) A support order that is being paid by either parent shall be deducted from the parent's gross income before the child support obligation is computed.
(5) Each parent shall receive a deduction from gross income for each child living in the parent's home for whom the parent owes a legal duty to pay support, if the child is not subject to the support order. The amount of the deduction shall be calculated by determining the basic child support obligation for the additional child in the parent's home pursuant to subsection (f)(2) of this section, using only the income of the parent entitled to the deduction. This figure shall be multiplied by 75%, and the resulting amount subtracted from the parent's gross income before the child support obligation is computed.
(6) Gross income shall not include benefits received from means-tested public assistance programs, such as Temporary Assistance for Needy Families, Program on Work, Employment, and Responsibility, General Assistance for Children, Supplemental Security Income, or Food Stamps.
(7) Gross income shall not include income received by or on behalf of a child in the household of a parent or third-party custodian, including foster care and guardianship payments, if the income is for a child who is not subject to the support order.
(8) If a child subject to the support order is in the care of a third party, both parents may be required to pay child support. The income of the third party shall not be considered in the calculation of child support.
(9) If a child subject to the support order receives Social Security Disability Insurance ("SSDI") derivative benefits through either parent, the amount of the derivative benefit paid to the child shall be included in the gross income of the parent from whom the benefit derives.
(10) If the judicial officer finds that a parent is voluntarily unemployed or underemployed as a result of the parent's bad faith or deliberate effort to suppress income, to avoid or minimize the parent's child support obligation, or to maximize the other parent's obligation, the judicial officer may impute income to this parent and calculate the child support obligation based on the imputed income. The judicial officer shall not impute income to a parent who is physically or mentally unable to work or who is receiving means-tested public assistance benefits. The judicial officer shall issue written factual findings stating the reasons for imputing income at the specified amount.
(11) The judicial officer shall determine the adjusted gross income of each parent based on evidence, including pay stubs, tax returns, employer statements, affidavits, and oral testimony provided under oath.
(e) The judicial officer shall determine each parent's adjusted gross income by making the additions to and deductions from gross income specified in subsection (d) of this section.
(f) (1) Except in cases of shared physical custody as described in subsection (q) of this section, the child support obligation shall be calculated according to the following procedure:
(A) Determine each parent's adjusted gross income according to subsection (e) of this section.
(B) Using the parents' combined adjusted gross income, locate the basic child support obligation from the Schedule of Basic Child Support Obligations referenced in subsection (w) of this section. If the parents' combined adjusted gross income falls between the amounts shown in the schedule, the basic child support obligation shall be rounded up to the next higher amount.
(C) Calculate each parent's percentage share of combined adjusted gross income by dividing each parent's adjusted gross income by the combined adjusted gross income.
(D) Multiply the basic child support obligation from paragraph (2) of this subsection by each parent's percentage share of combined adjusted gross income from paragraph (3) of this subsection to determine each parent's share of the basic child support obligation. When the parents do not have shared physical custody as defined in subsection (q) of this section, the parent with whom the child does not primarily reside shall be the parent with a legal duty to pay support. The parent with a legal duty to pay support shall pay that parent's share of the basic child support obligation to the parent with whom the child primarily resides. Adjustments for health insurance premiums, extraordinary medical expenses, child care expenses, and SSDI derivative benefits shall be made to this amount according to subsections (i) through (l) of this section. The parent with whom the child primarily resides shall be presumed to spend that parent's own share of child support directly on the child.
(2) Worksheet A in Appendix II may be used to calculate the child support obligation under this subsection.
(g) (1) A parent with a legal duty to pay support may maintain a self-support reserve as provided in this subsection. The self-support reserve shall be calculated at 133% of the United States Department of Health and Human Services poverty guideline per year for a single individual. As of the effective date of the Child Support Guideline Revision Act of 2006 [June 22, 2006], the self-support reserve shall be $12,382. The self-support reserve shall be updated every 2 years and any revision shall be published in the District of Columbia Register.
(2) A parent with a legal duty to pay support, but with adjusted gross income below the self -support reserve, shall be considered unable to contribute the amount determined under subsection (f) of this section. The judicial officer shall treat a parent at this level of income on an individual basis, and shall order the parent to pay only the amount that the judicial officer determines the parent is able to pay, while meeting personal subsistence needs.
(3) Where the judicial officer finds that a parent with adjusted gross income below the self -support reserve has the ability to pay child support under paragraph (2) of this subsection, there shall be a presumption that the parent can pay a minimum amount of $50 per month, while meeting personal subsistence needs. The presumption may be rebutted downward to $0 or upward above $50 per month by evidence of resources or circumstances affecting the parent's ability to pay, including age, employability, disability, homelessness, incarceration, inpatient substance abuse treatment, other inpatient treatment, or other appropriate circumstances. The judicial officer shall issue written factual findings stating the reasons for the entry of a minimum order below or above $50 per month.
(h) The guideline shall not apply presumptively in cases where the parents' combined adjusted gross income exceeds $240,000 per year. In these cases, the child support obligation shall not be less than the amount that the parent with a legal duty to pay support would have been ordered to pay if the guideline had been applied to combined adjusted gross income of $240,000. The judicial officer may exercise discretion to order more child support, after determining the reasonable needs of the child based on actual family experience. The judicial officer shall issue written factual findings stating the reasons for an award of additional child support.
(i) (1) All orders shall contain terms providing for the payment of medical expenses for the child in accordance with section 16-916.
(2) Amounts paid by either parent for health insurance premiums for a child subject to the support order shall be divided between the parents in proportion to their respective adjusted gross incomes and added to the parents' respective shares of the basic child support obligation.
(3) A parent shall present proof of the increase in a health insurance premium incurred as a result of the addition of the child to the health insurance policy. The proof provided shall identify clearly that the source of the increase of the health insurance premium is the child subject to the support order. The cost to add the child shall be reasonable.
(4) If a parent has family health insurance coverage in the parent's health insurance plan for a second family, the addition of the child who is subject to the support order need not result in an additional cost of health insurance coverage to the parent. The parent shall provide proof that the child has been added to the health insurance coverage. An adjustment shall not be made if there is no additional cost of health insurance coverage to the parent.
(5) Health insurance coverage shall be considered reasonable in cost if the cost to the obligated parent of providing coverage for the children subject to the support order pursuant to § 16-916.01(i)(3) does not exceed 5% of the parent's gross income.
(j) (1) Extraordinary medical expenses are uninsured or unreimbursed medical expenses in excess of $250 per year, per child subject to the support order. These expenses include copayments, deductibles, and contributions associated with public and private health insurance coverage, and costs that are reasonably necessary for orthodontia, dental treatment, asthma treatments, physical therapy, vision care, or the diagnosis or treatment of a health condition.
(2) Extraordinary medical expenses shall be divided between the parents in proportion to their respective adjusted gross incomes.
(3) If extraordinary medical expenses are recurring and the judicial officer can reasonably determine future expenses when the support order is established or modified, the judicial officer shall add each parent's proportionate share of the expenses to the parent's share of the basic child support obligation. The parents shall pay other extraordinary medical expenses in proportion to their adjusted gross incomes when these expenses are incurred. If either parent advances payment for these expenses to a provider of services, the other parent shall reimburse that parent for the other parent's proportionate share of the expense within 30 days of receiving written proof of the expense and payment.
(k) Reasonable child care expenses incurred for a child subject to the support order due to the employment or education of either parent shall be divided between the parents in proportion to their adjusted gross incomes and added to their respective shares of the basic child support obligation. Child care expenses shall be determined by actual family experience, unless the judicial officer determines that the actual family experience is not in the best interest of the child. If there is no actual family experience, or if the actual family experience is not in the best interest of the child, the judicial officer shall determine a reasonable child care expense based on the cost of child care from a licensed source. If the primary residential parent chooses child care with an actual cost that is less than the level required to provide child care from a licensed source, the judicial officer shall use the actual child care expense to calculate the child support obligation.
(l) If a child subject to the support order receives SSDI derivative benefits from the parent with a legal duty to pay support, the following adjustment to the child support obligation shall be made:
(1) After the child support obligation is calculated pursuant to subsections (f) through (k) of this section, the amount of the SSDI derivative benefit paid to the child shall be subtracted from the child support obligation. If the SSDI derivative benefit is less than the child support obligation, the order shall be set at the difference between the child support obligation and the SSDI derivative benefit. If the SSDI derivative benefit is greater than the child support obligation, the order shall be set at zero.
(2) If the judicial officer finds that SSDI derivative benefits were paid to a child subject to the support order prior to the filing of the petition to establish or motion to modify child support, these benefits shall be credited toward any retroactive child support or accumulated arrears owed pursuant to the support order.
(m) As the last calculation in the determination of child support, the judicial officer shall calculate a low-income adjustment to ensure that the parent with a legal duty to pay support is able to satisfy personal subsistence needs after the payment of child support. The judicial officer shall apply this low-income adjustment after additions to and deductions from the parent's share of the basic child support obligation have been made pursuant to subsections (i) through (l) of this section. The low-income adjustment shall be calculated as follows:
(1) Calculate a child support obligation for the parent with a legal duty to pay support according to subsections (f) and (i) through (l) of this section.
(2) Determine the parent's maximum ability to pay child support by subtracting the self-support reserve from the parent's adjusted gross income. If the remainder is negative or less than $600 per year, apply subsection (g) of this section to determine the parent's child support obligation.
(3) If the parent's maximum ability to pay child support calculated under paragraph (2) of this subsection is greater than or equal to $600 per year, compare the parent's maximum ability to pay child support to the child support obligation calculated in paragraph (1) of this subsection. The parent's child support obligation shall be the lesser of these 2 amounts.
(n) The child support obligation, including additions for health insurance premiums, extraordinary medical expenses, and child care expenses, shall not exceed 35% of the adjusted gross income of the parent with a legal duty to pay support.
(o) (1) If the parties present a consent order, an agreement that is to become an order, or a written agreement that is to be merged in an order, the judicial officer shall examine the child support provisions of the agreement, and compare the child support provisions to the guideline. If the amount of child support agreed upon is different from the amount of child support that would be ordered presumptively upon application of the guideline, the judicial officer shall determine if the agreed-upon level of child support is fair and just. If the parties are represented by counsel, the judicial officer shall inquire whether the attorneys informed the clients of the guideline. If the clients have not been informed of the guideline, the judicial officer shall advise the attorneys to do so. If a party is not represented by an attorney, the judicial officer shall ensure that the party is aware of the child support amount that the court would order presumptively pursuant to the guideline.
(2) The propriety of a departure from the guideline based on the consent of the parties shall be justified in writing with a statement of the factors that form the basis for the judicial officer's finding that the departure is fair and just. A transcript filed in the jacket shall suffice as a writing.
(p) Application of the guideline shall be presumptive. The guideline shall be applied unless its application would be unjust or inappropriate in the circumstances of the particular case. The propriety of any departure from the guideline under this subsection shall be justified in writing with a statement of the factors that form the basis for the judicial officer's finding that the guideline amount is unjust or inappropriate. A transcript filed in the jacket shall suffice as a writing. The factors that may be considered to overcome the presumption are:
(1) The needs of the child are exceptional and require more than average expenditures;
(2) The gross income of the parent with a legal duty to pay support is substantially less than that of the parent to whom support is owed;
(3) A property settlement provides resources readily available for the support of the child in an amount at least equivalent to the guideline amount;
(4) Either parent supports a dependent other than a child subject to the support order, including a biological or adoptive child, a step-child, or an elderly relative, and application of the guideline would result in extraordinary hardship;
(5) The parent with a legal duty to pay support needs a temporary period of reduced child support payments to permit the repayment of a debt or rearrangement of the parent's financial obligations; a temporary reduction may be included in a support order if:
(A) The debt or obligation is for a necessary expenditure of reasonable cost in light of the parent's family responsibilities;
(B) The time of the reduction does not exceed 12 months; and
(C) The support order includes the amount that is to be paid at the end of the reduction period and the date that the higher payments are to commence;
(6) The parent to whom support is owed receives child support for a child living in this parent's home, other than the child subject to the support order, and the resulting gross income of the household to which support is owed causes the standard of living of that household to be greater than that of the household of the parent with a legal duty to pay support. For the purposes of this paragraph, the standard of living of a household shall be measured by dividing the gross income available to the household from all sources by the federal poverty guideline, as reported by the United States Department of Health and Human Services, for the number of adults contributing to the household, plus the number of children;
(7) A child subject to the support order has regular and substantial income that can be used for the care of the child without impairment of the child's current or future education;
(8) The parent with a legal duty to pay support has special needs that increase the costs of the parent's subsistence;
(9) The parent with a legal duty to pay support pays for certain expensive necessities for the child, such as tuition;
(10) The parent with a legal duty to pay support is 18 years old or younger and a full-time student;
(11) The child is a respondent in a neglect proceeding and has been placed outside the home with a goal of reunification with the parent; or
(12) Any other exceptional circumstance that would yield a patently unfair result.
(q) (1) Where a child spends 35% or more of the time during the year with each parent, there shall be a presumption that the parents have shared physical custody of the child. The child support obligation shall be calculated according to the following procedure:
(A) Determine the adjusted basic child support obligation by calculating the basic child support obligation pursuant to subsection (f)(2) of this section and multiplying it by 1.5.
(B) Determine each parent's proportionate share of the adjusted basic child support obligation based on each parent's share of combined adjusted gross income.
(C) Determine the amount of child support to be retained by each parent by multiplying each parent's share of the adjusted basic child support obligation by the percentage of time the child spends with the relevant parent.
(D) Subtract the amount of child support to be retained by each parent from the relevant parent's share of the adjusted basic child support obligation to determine the amount of each parent's child support obligation.
(E) The parent owing the greater amount under subparagraph (D) of this paragraph shall be the parent with a legal duty to pay support, and shall pay the difference between the 2 amounts to the other parent.
(F) Additions to and deductions from the parents' respective shares of the adjusted basic child support obligation determined under subparagraph (D) of this paragraph, shall be made as specified in subsections (i) through (l) of this section.
(G) A child support obligation calculated based on shared physical custody shall not exceed the amount that the parent with a legal duty to pay support would pay if this parent's child support obligation were calculated based on the other parent's sole custody pursuant to subsection (f) of this section.
(2) Where the presumption of shared physical custody does not apply because the child does not spend 35% or more of the time during the year with each parent, the judicial officer shall presumptively calculate the child support obligation based on sole physical custody pursuant to subsection (f) of this section.
(3) If the presumption of shared physical custody applies pursuant to paragraph (1) of this subsection, either parent may rebut this presumption by proving that the method of calculating the child support obligation based on shared physical custody would be unjust or inappropriate because of the parents' particular arrangements for the custody of the child. If a parent rebuts this presumption, the judicial officer shall calculate the child support obligation based on sole physical custody pursuant to subsection (f) of this section.
(4) If the presumption of shared physical custody does not apply pursuant to paragraph (1) of this subsection, either parent may rebut the presumption that the support obligation should be calculated based on sole physical custody pursuant to subsection (f) of this section by proving that use of that method would be unjust or inappropriate based on the parents' particular arrangements for the custody of the child and that a calculation based on shared physical custody would yield a fair and just result. If a parent rebuts the presumption that the child support obligation should be calculated based on sole physical custody under this paragraph, the judicial officer shall calculate the child support obligation based on shared physical custody pursuant to paragraph (1) of this subsection.
(5) Where a parent has challenged the applicability of either method for calculating the child support obligation under this subsection, the judicial officer shall issue written factual findings stating the reason for using either the shared custody or sole custody method of calculation.
(6) Worksheet (B) in Appendix III may be used to calculate the child support obligation under this subsection.
(r) A support order issued under this section or section 46-204, shall be subject to modification by application of the guideline subject to the following conditions or limitations:
(1) The parents in a child support proceeding shall exchange relevant information on finances or dependents every 3 years and shall be encouraged to update a support order voluntarily using the updated information and the guideline. Relevant information is any information that is used to compute child support pursuant to the guideline.
(2) Every 3 years, in cases being enforced under title IV, part D of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C.S. § 651 et seq.), the IV-D agency shall notify both parents of the right to a review, and, if appropriate, a modification of the support order under the guideline. The IV-D agency shall conduct the review in all cases where there is an assignment of support rights pursuant to § 4-205.19, and at the request of either parent in all other cases. If the IV-D agency conducts a review, the IV-D agency shall inform both parents if a modification is warranted under the guideline, and shall petition for a modification of the support order when there is an assignment of support rights or if requested by a parent.
(3) If a support order does not provide for the payment of medical expenses for each child subject to the support order, at the request of a party or the IV-D agency, the court shall modify the support order to provide for the payment of such expenses in accordance with section 16-916.
(4) (A) There shall be a presumption that there has been a substantial and material change of circumstances that warrants a modification of a support order if application of the guideline to the current circumstances of the parents results in an amount of child support that varies from the amount of the existing support order by 15% or more. The presumption is rebutted by:
(i) Proof of special circumstances, such as a circumstance that would justify a departure from the guideline; or
(ii) Proof of substantial reliance on the original support order issued prior to the adoption of or revision to the guideline, and that application of the guideline would yield a patently unjust result.
(B) If a change to the guideline results in a support order that differs from the current support order by 15% or more, the presumption stated in subparagraph (A) of this paragraph shall apply, and the current order may be modified without any additional showing of a change in circumstances.
(C) Nothing in this paragraph shall be construed to limit the ability of a parent to seek a modification of a support order upon a showing of a material and substantial change in the needs of the child or the ability of the parent with a legal duty to pay support to pay, regardless of whether this change results in a support order that differs by 15% or more from the current order.
(5) In cases being enforced under title IV, part D of the Social Security Act, approved January 4, 1975 (88 Stat. 2371; 42 U.S.C.S. § 651 et seq.), upon receipt of notice and documentation establishing that a parent is incarcerated in a specific facility (except where the parent is incarcerated for contempt for failure to pay child support pursuant to section 46-225.02), the IV-D agency shall review the circumstances of both parents and determine if a modification of the support order is appropriate under the guideline. If the IV-D agency determines that a parent's incarceration has resulted in a change in financial circumstances warranting a modification of the support order, the IV-D agency may request the court to suspend or modify the support order pursuant to this subsection. Upon receipt of such a request, the court shall modify the support order in accordance with the guideline. The court may modify the support order from the date on which the IV-D agency received notice under this paragraph of the parent's incarceration.
(6) The basic child support obligation, as adjusted by additions and deletions made pursuant to subsections (i) through (l) of this section, shall be used to compute the amount of child support the guideline would yield for modification and to apply the test for the presumption.
(7) If a support order is issued after September 27, 1987, and the amount of the support order differs from the guideline, by order of the court or by a merged agreement of the parties, the presumption shall not apply within one year of the issuance of the support order.
(8) If a motion to modify a support order pursuant to this section is accompanied by an affidavit that sets forth sufficient facts and guideline calculations, and is accompanied by proof of service upon the respondent, the judicial officer may enter an order modifying the support order in accordance with the guideline unless a party requests a hearing within 30 days of service of the motion for modification. No support order shall be modified without a hearing if a hearing is timely requested.
(9) Notwithstanding paragraphs (3) through (6) of this subsection, a party may submit a praecipe with a certification of waiver and supporting documentation, as prescribed by the court, to modify the child support amount by agreement of the parties at any time. This agreement shall be reviewed by a judicial officer for issuance of a revised support order in the same manner as an original agreement of the parties is reviewed.
(10) The judicial officer shall justify any departure from the guideline in writing with a statement of the factors that form the basis for the finding that the guideline amount is unjust or inappropriate. A transcript filed in the jacket shall suffice as a writing.
(11) Notwithstanding paragraph (4)(B) of this subsection, if a new child is born to the parents, the guideline shall be applied to the entire family and one order shall be issued for all the children in the family. If possible, the 2 cases shall be consolidated if child support for the last child is petitioned as a separate case.
(12) Nothing in this subsection shall preclude a party from moving to modify a support order at any other time.
(s) A support order shall not be deemed invalid on the sole basis that the support order was issued pursuant to the Superior Court of the District of Columbia Child Support Guideline and prior to the effective date of the Child Support Guideline Amendment Emergency Act of 1989, effective December 21, 1989 (D.C. Act 8-127; 37 DCR 3).
(t) Upon the occurrence of a substantial and material change in circumstances sufficient to warrant the modification of a child support obligation pursuant to the guideline, the judicial officer may modify any provision of an agreement or settlement relating to child support, without regard to whether the agreement or settlement is entered as a consent order or is incorporated or merged in a court order.
(u) If an order or agreement providing for child support does not set forth a date on which the child support commences, the child support shall be deemed to commence on the date the order was entered or the date the agreement was executed.
(v) (1) When a case is brought to establish child support, the judicial officer may award retroactive child support for a period not to exceed the 24 months preceding the filing of the petition or request for child support, unless the parent to whom support is owed proves that the parent with a legal duty to pay support has acted in bad faith or there are other extraordinary circumstances warranting an award of retroactive child support beyond the 24-month period. Upon this showing, the judicial officer may award retroactive child support for a period that exceeds the 24 months prior to the filing of the petition or request for child support. The judicial officer shall issue written factual findings stating the reason for awarding retroactive child support beyond the 24 month period.
(2) Retroactive child support shall be determined by calculating the guideline using the parents' incomes during the retroactive period and by considering the current ability to pay of the parent with a legal duty to pay support according to subsections (g) and (m) of this section.
(3) If the parent with a legal duty to pay support made voluntary payments or contributions to the child's expenses during the retroactive period, and proves these payments or contributions, the judicial officer shall credit the payments or contributions against an award of retroactive child support.
(w) The Schedule of Basic Child Support Obligations contained in Appendix I shall be used to determine child support under the guideline.
(x) The worksheets contained in Appendices II and III may be used to calculate child support obligations under the guideline. Refer to Worksheet B in Appendix III to calculate child support in cases involving shared physical custody pursuant to subsection (q) of this section. Refer to Worksheet A in Appendix II to calculate child support in all other cases.
(y) The Mayor shall recommend to the Council every 4 years whether the dollar values in subsections (g)(3), (h), (j)(1), (m)(2), and (m)(3) of this section should [be] adjusted for inflation.
(1981 Ed., § 16-916.1; Mar. 15, 1990, D.C. Law 8-90, § 2(b), 37 DCR 758; July 25, 1990, D.C. Law 8-150, § 2(b), 37 DCR 3720; Sept. 26, 1990, D.C. Law 8-165, § 3, 37 DCR 4827; Mar. 16, 1995, D.C. Law 10-217, § 3, 41 DCR 8040; Apr. 9, 1997, D.C. Law 11-255, § 18(e), 44 DCR 1271; Mar. 24, 1998, D.C. Law 12-81, § 10(g), 45 DCR 745; Apr. 20, 1999, D.C. Law 12-241, § 12, 46 DCR 905; Apr. 3, 2001, D.C. Law 13-269, § 106(h), 48 DCR 1270; Jan. 8, 2002, 115 Stat. 2100, Pub. L. 107-114, § 2(d)(1); Oct. 19, 2002, D.C. Law 14-207, § 2(k), 49 DCR 7827; Mar. 30, 2004, D.C. Law 15-130, § 202(c), 51 DCR 1615; May 24, 2005, D.C. Law 15-357, § 104, 52 DCR 1999; April 13, 2005, D.C. Law 15-354, § 28(b)(2), 52 DCR 2638; May 12, 2006, D.C. Law 16-100, § 2(h), 53 DCR 1886; June 22, 2006, D.C. Law 16-138, § 2(a), 53 DCR 3650; Mar. 20, 2008, D.C. Law 17-128, § 2(d), 55 DCR 1525.)
Washington D.C. Alimony
16-913 Alimony
(a) When a divorce or legal separation is granted, or when a termination of a domestic partnership becomes effective under § 32-702(d) and one partner has filed a petition for relief available under this section, the Court may require either party to pay alimony to the other party if it seems just and proper.
(b) The award of alimony may be indefinite or term-limited and structured as appropriate to the facts. The Court shall determine the amount and the time period for the award of alimony.
(c) An award of alimony may be retroactive to the date of the filing of the pleading that requests alimony.
(d) In making an award of alimony, the Court shall consider all the relevant factors necessary for a fair and equitable award, including, but not limited to, the:
(1) ability of the party seeking alimony to be wholly or partly self-supporting;
(2) time necessary for the party seeking alimony to gain sufficient education or training to enable that party to secure suitable employment;
(3) standard of living that the parties established during their marriage or domestic partnership, but giving consideration to the fact that there will be 2 households to maintain;
(4) duration of the marriage or domestic partnership;
(5) circumstances which contributed to the estrangement of the parties;
(6) age of each party;
(7) physical and mental condition of each party;
(8) ability of the party from whom alimony is sought to meet his or her needs while meeting the needs of the other party; and
(9) financial needs and financial resources of each party, including:
(A) income;
(B) income from assets, both those that are the property of the marriage or domestic partnership and those that are not;
(C) potential income which may be imputed to non-income producing assets of a party;
(D) any previous award of child support in this case;
(E) the financial obligations of each party;
(F) the right of a party to receive retirement benefits; and
(G) the taxability or non-taxability of income.
(Dec. 23, 1963, 77 Stat. 562, Pub. L. 88-241, § 1; 1973 Ed., § 16-913; Oct. 1, 1976, D.C. Law 1-87, § 16(a), 23 DCR 2544; 1981 Ed., § 16-913; Oct. 19, 2002, D.C. Law 14-207, § 2(h), 49 DCR 7827; Apr. 4, 2006, D.C. Law 16-79, § 4(f), 53 DCR 1035; Mar. 2, 2007, D.C. Law 16-191, § 131(b)(1), 53 DCR 6794; Sept. 12, 2008, D.C. Law 17-231, § 20(d), 55 DCR 6758.)
(a) When a divorce or legal separation is granted, or when a termination of a domestic partnership becomes effective under § 32-702(d) and one partner has filed a petition for relief available under this section, the Court may require either party to pay alimony to the other party if it seems just and proper.
(b) The award of alimony may be indefinite or term-limited and structured as appropriate to the facts. The Court shall determine the amount and the time period for the award of alimony.
(c) An award of alimony may be retroactive to the date of the filing of the pleading that requests alimony.
(d) In making an award of alimony, the Court shall consider all the relevant factors necessary for a fair and equitable award, including, but not limited to, the:
(1) ability of the party seeking alimony to be wholly or partly self-supporting;
(2) time necessary for the party seeking alimony to gain sufficient education or training to enable that party to secure suitable employment;
(3) standard of living that the parties established during their marriage or domestic partnership, but giving consideration to the fact that there will be 2 households to maintain;
(4) duration of the marriage or domestic partnership;
(5) circumstances which contributed to the estrangement of the parties;
(6) age of each party;
(7) physical and mental condition of each party;
(8) ability of the party from whom alimony is sought to meet his or her needs while meeting the needs of the other party; and
(9) financial needs and financial resources of each party, including:
(A) income;
(B) income from assets, both those that are the property of the marriage or domestic partnership and those that are not;
(C) potential income which may be imputed to non-income producing assets of a party;
(D) any previous award of child support in this case;
(E) the financial obligations of each party;
(F) the right of a party to receive retirement benefits; and
(G) the taxability or non-taxability of income.
(Dec. 23, 1963, 77 Stat. 562, Pub. L. 88-241, § 1; 1973 Ed., § 16-913; Oct. 1, 1976, D.C. Law 1-87, § 16(a), 23 DCR 2544; 1981 Ed., § 16-913; Oct. 19, 2002, D.C. Law 14-207, § 2(h), 49 DCR 7827; Apr. 4, 2006, D.C. Law 16-79, § 4(f), 53 DCR 1035; Mar. 2, 2007, D.C. Law 16-191, § 131(b)(1), 53 DCR 6794; Sept. 12, 2008, D.C. Law 17-231, § 20(d), 55 DCR 6758.)
Washington D.C .Equitable Distribution
§ 16-910 Assignment and equitable distribution of property
Upon entry of a final decree of legal separation, annulment, or divorce, or upon the termination of a domestic partnership pursuant to § 32-702(d) and the filing of a petition for relief available under this section, in the absence of a valid antenuptial or postnuptial agreement resolving all issues related to the property of the parties, the Court shall:
(a) assign to each party his or her sole and separate property acquired prior to the marriage or domestic partnership, and his or her sole and separate property acquired during the marriage or domestic partnership by gift, bequest, devise, or descent, and any increase thereof, or property acquired in exchange therefor; and
(b) value and distribute all other property and debt accumulated during the marriage or domestic partnership that has not been addressed in a valid antenuptial or postnuptial agreement or a decree of legal separation, regardless of whether title is held individually or by the parties in a form of joint tenancy or tenancy by the entireties, in a manner that is equitable, just, and reasonable, after considering all relevant factors, including, but not limited to:
(1) the duration of the marriage or domestic partnership;
(2) the age, health, occupation, amount, and sources of income, vocational skills, employability, assets, debts, and needs of each of the parties;
(3) provisions for the custody of minor children;
(4) whether the distribution is in lieu of or in addition to alimony;
(5) each party's obligation from a prior marriage, a prior domestic partnership, or for other children;
(6) the opportunity of each party for future acquisition of assets and income;
(7) each party's contribution as a homemaker or otherwise to the family unit;
(8) each party's contribution to the education of the other party which enhanced the other party's earning ability;
(9) each party's increase or decrease in income as a result of the marriage, the domestic partnership, or duties of homemaking and child care;
(10) each party's contribution to the acquisition, preservation, appreciation, dissipation, or depreciation in value of the assets which are subject to distribution, the taxability of these assets, and whether the asset was acquired or the debt incurred after separation;
(11) the effects of taxation on the value of the assets subject to distribution; and
(12) the circumstances which contributed to the estrangement of the parties.
(c) The Court is not required to value a pension or annuity if it enters an order distributing future periodic payments.
(Dec. 23, 1963, 77 Stat. 561, Pub. L. 88-241, § 1; 1973 Ed., § 16-910; Apr. 7, 1977, D.C. Law 1-107, title I, § 107, 23 DCR 8737; 1981 Ed., § 16-910; Oct. 19, 2002, D.C. Law 14-207, § 2(e), 49 DCR 7827; Apr. 4, 2006, D.C. Law 16-79, § 4(d), 53 DCR 1035; Mar. 2, 2007, D.C. Law 16-191, § 131(b)(1), 53 DCR 6794; Sept. 12, 2008, D.C. Law 17-231, § 20(b), 55 DCR 6758.)
Upon entry of a final decree of legal separation, annulment, or divorce, or upon the termination of a domestic partnership pursuant to § 32-702(d) and the filing of a petition for relief available under this section, in the absence of a valid antenuptial or postnuptial agreement resolving all issues related to the property of the parties, the Court shall:
(a) assign to each party his or her sole and separate property acquired prior to the marriage or domestic partnership, and his or her sole and separate property acquired during the marriage or domestic partnership by gift, bequest, devise, or descent, and any increase thereof, or property acquired in exchange therefor; and
(b) value and distribute all other property and debt accumulated during the marriage or domestic partnership that has not been addressed in a valid antenuptial or postnuptial agreement or a decree of legal separation, regardless of whether title is held individually or by the parties in a form of joint tenancy or tenancy by the entireties, in a manner that is equitable, just, and reasonable, after considering all relevant factors, including, but not limited to:
(1) the duration of the marriage or domestic partnership;
(2) the age, health, occupation, amount, and sources of income, vocational skills, employability, assets, debts, and needs of each of the parties;
(3) provisions for the custody of minor children;
(4) whether the distribution is in lieu of or in addition to alimony;
(5) each party's obligation from a prior marriage, a prior domestic partnership, or for other children;
(6) the opportunity of each party for future acquisition of assets and income;
(7) each party's contribution as a homemaker or otherwise to the family unit;
(8) each party's contribution to the education of the other party which enhanced the other party's earning ability;
(9) each party's increase or decrease in income as a result of the marriage, the domestic partnership, or duties of homemaking and child care;
(10) each party's contribution to the acquisition, preservation, appreciation, dissipation, or depreciation in value of the assets which are subject to distribution, the taxability of these assets, and whether the asset was acquired or the debt incurred after separation;
(11) the effects of taxation on the value of the assets subject to distribution; and
(12) the circumstances which contributed to the estrangement of the parties.
(c) The Court is not required to value a pension or annuity if it enters an order distributing future periodic payments.
(Dec. 23, 1963, 77 Stat. 561, Pub. L. 88-241, § 1; 1973 Ed., § 16-910; Apr. 7, 1977, D.C. Law 1-107, title I, § 107, 23 DCR 8737; 1981 Ed., § 16-910; Oct. 19, 2002, D.C. Law 14-207, § 2(e), 49 DCR 7827; Apr. 4, 2006, D.C. Law 16-79, § 4(d), 53 DCR 1035; Mar. 2, 2007, D.C. Law 16-191, § 131(b)(1), 53 DCR 6794; Sept. 12, 2008, D.C. Law 17-231, § 20(b), 55 DCR 6758.)
Maryland Child Support Guidelines
Section 12-204 Determination of child support obligation
(a) Schedule to be used; division among parents; maintenance and alimony awards.- (1) The basic child support obligation shall be determined in accordance with the schedule of basic child support obligations in subsection (e) of this section. The basic child support obligation shall be divided between the parents in proportion to their adjusted actual incomes.
(2) (i) If one or both parents have made a request for alimony or maintenance in the proceeding in which a child support award is sought, the court shall decide the issue and amount of alimony or maintenance before determining the child support obligation under these guidelines.
(ii) If the court awards alimony or maintenance, the amount of alimony or maintenance awarded shall be considered actual income for the recipient of the alimony or maintenance and shall be subtracted from the income of the payor of the alimony or maintenance under Section 12-201(c)(2) of this subtitle before the court determines the amount of a child support award.
(b) Voluntarily impoverished parent.- (1) Except as provided in paragraph (2) of this subsection, if a parent is voluntarily impoverished, child support may be calculated based on a determination of potential income.
(2) A determination of potential income may not be made for a parent who:
(i) is unable to work because of a physical or mental disability; or (ii) is caring for a child under the age of 2 years for whom the parents are jointly and severally responsible.
(c) Income between amounts in schedule.- If a combined adjusted actual income amount falls between amounts shown in the schedule, the basic child support amount shall be extrapolated to the next higher amount.
(d) Income above schedule levels.- 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.
(e) Basic child support obligation.- Schedule of basic child support obligations: CombinedAdjusted 6 orActual 1 2 3 4 5 MoreIncome Child Children Children Children Children Children0-850 $20 - $150 Per Month, BasedOn Resources And LivingExpenses Of Obligor And NumberOf Children Due Support900 184 273 276 279 282 285950 191 296 304 307 311 3141000 198 307 332 336 340 3431050 205 318 360 364 368 3721100 212 329 389 393 397 4011150 219 339 416 421 425 4301200 226 350 438 449 454 4581250 233 360 451 477 482 4871300 239 371 465 504 510 5151350 246 382 478 532 538 5441400 253 392 491 554 566 5721450 260 403 504 569 594 6011500 267 413 517 584 623 6291550 274 424 531 599 651 6581600 282 436 546 616 672 6911650 288 447 559 631 688 7251700 295 457 572 645 704 7531750 302 467 585 660 720 7701800 308 477 598 674 735 7871850 315 488 611 689 751 8041900 321 498 624 703 767 8211950 327 506 634 715 780 8352000 332 515 645 727 793 8482050 338 523 655 739 806 8622100 343 531 666 751 819 8762150 349 540 677 763 832 8902200 354 548 687 774 845 9042250 359 557 698 786 858 9182300 365 565 708 798 871 9312350 370 573 719 810 884 9452400 376 582 729 822 897 9592450 381 590 740 833 909 9732500 386 598 750 845 922 9872550 392 607 761 857 935 10002600 397 615 771 869 948 10142650 403 624 782 881 961 10282700 408 632 793 893 974 10422750 413 640 803 904 987 10562800 419 649 814 916 1000 10702850 424 657 824 928 1013 10832900 429 666 835 940 1026 10972950 435 675 846 953 1039 11123000 441 684 857 965 1053 11263050 446 693 868 978 1067 11413100 452 702 879 990 1080 11563150 458 710 890 1003 1094 11703200 463 719 901 1015 1108 11853250 469 728 912 1028 1121 11993300 475 737 923 1040 1135 12143350 480 746 934 1053 1148 12283400 486 755 945 1065 1162 12433450 491 764 957 1078 1176 12583500 497 773 968 1090 1189 12723550 503 782 979 1103 1203 12873600 508 790 990 1115 1216 13013650 514 799 1001 1128 1230 13163700 520 808 1012 1140 1244 13303750 525 817 1023 1152 1257 13453800 532 827 1035 1166 1273 13613850 538 837 1048 1181 1288 13783900 544 847 1060 1195 1303 13943950 551 857 10731209 1319 14114000 557 867 1085 1223 1334 14274050 563 877 1097 1236 1349 14424100 569 886 1109 1249 1363 14584150 575 895 1120 1262 1377 14734200 581 905 1132 1275 1391 14884250 587 914 1143 1288 1405 15034300 593 923 1155 1301 1420 15184350 598 932 1166 1314 1434 15344400 604 942 1178 1327 1448 15494450 610 951 1189 1340 1462 15644500 616 960 1201 1353 1477 15794550 622 970 1212 1366 1491 15944600 628 979 1224 1379 1505 16104650 634 987 1234 1391 1518 16244700 639 995 1244 1403 1530 16374750 644 1003 1254 1414 1543 16504800 649 1011 1264 1425 1555 16634850 655 1019 1274 1437 1567 16764900 660 1027 1284 1448 1580 16894950 665 1035 1294 1459 1592 17035000 670 1043 1304 1470 1604 17165050 676 1051 1314 1482 1617 17295100 681 1059 1324 1493 1629 17425150 686 1067 1334 1504 1641 17555200 691 1075 1344 1515 1654 17685250 696 1083 1354 1527 1666 17815300 702 1091 1364 1538 1678 17945350 707 1099 1374 1549 1691 18075400 712 1107 1384 1561 1703 18215450 717 1115 1394 1572 1715 18345500 722 1123 1404 1583 1728 18475550 728 1131 1414 1594 1740 18605600 733 1139 1424 1606 1752 18735650 738 1147 1434 1617 1765 18865700 743 1155 1444 1628 1777 18995750 748 1163 1454 1639 1789 19125800 754 1171 1464 1651 1801 19265850 759 1179 1474 1662 1814 19395900 764 1187 1484 1673 1826 19525950 769 1195 1494 1685 1838 19656000 774 1203 1504 1696 1851 19786050 780 1211 1513 1707 1863 19916100 785 1219 1523 1718 1875 20046150 790 1227 1533 1730 1888 20176200 795 1235 1543 1741 1900 20306250 800 1243 1553 1752 1912 20446300 806 1251 1563 1763 1925 20576350 811 1259 1573 1775 1937 20706400 815 1266 1582 1785 1947 20816450 819 1271 1589 1793 1956 20916500 823 1277 1597 1801 1965 21006550 827 1283 1604 1809 1974 21106600 831 1289 1611 1817 1983 21196650 834 1294 1618 1826 1992 21296700 838 1300 1626 1834 2001 21386750 842 1306 1633 1842 2010 21486800 846 1311 1640 1850 2019 21576850 850 1317 1647 1858 2028 21676900 854 1323 1654 1866 2037 21766950 857 1329 1662 1874 2045 21867000 861 1334 1669 1882 2054 21957050 865 1340 1676 1891 2063 22057100 869 1346 1683 1899 2072 22147150 873 1351 1691 1907 2081 22247200 876 1357 1698 1915 2090 22337250 880 1363 1705 1923 209922437300 884 1369 1712 1931 2108 22537350 888 1374 1720 1939 2117 22627400 892 1380 1727 1947 2126 22727450 895 1386 1734 1956 2135 22817500 899 1391 1741 1964 2144 22917550 903 1397 1748 1972 2153 23007600 906 1402 1755 1979 2161 23097650 909 1407 1761 1986 2168 23177700 912 1412 1768 1993 2175 23257750 915 1417 1774 1999 2182 23337800 918 1422 1780 2006 2190 23407850 921 1427 1786 2012 2197 23487900 923 1431 1792 2019 2204 23567950 926 1436 1798 2026 2211 23648000 929 1441 1804 2032 2219 23728050 932 1446 1810 2039 2226 23808100 935 1451 1817 2045 2233 23888150 938 1456 1823 2052 2240 23968200 941 1461 1829 2059 2248 24048250 944 1465 1835 2065 2255 24128300 947 1470 1841 2072 2262 24208350 949 1475 1847 2078 2270 24288400 952 1480 1853 2085 2277 24368450 955 1485 1860 2092 2284 24448500 958 1490 1866 2098 2291 24528550 961 1494 1872 2105 2299 24608600 964 1499 1878 2111 2306 24688650 967 1504 1884 2118 2313 24768700 970 1509 1890 2125 2320 24848750 973 1514 1896 2131 2328 24928800 975 1518 1901 2137 2334 24988850 978 1521 1906 2142 2340 25048900 980 1525 1910 2147 2345 25108950 982 1528 1915 2152 2351 25169000 989 1539 1928 2168 2367 25349050 992 1543 1933 2173 2373 25409100 994 1547 1938 2179 2379 25469150 997 1551 1943 2184 2385 25529200 999 1554 1948 2190 2391 25599250 1002 1558 1953 2195 2397 25659300 1004 1562 1958 2201 2403 25719350 1007 1566 1963 2206 2409 25789400 1009 1570 1967 2212 2415 25849450 1012 1574 1972 2217 2421 25909500 1014 1577 1977 2223 2427 25969550 1017 1581 1982 2228 2433 26039600 1020 1585 1987 2234 2439 26099650 1022 1589 1992 2239 2445 26159700 1025 1593 1997 2245 2451 26229750 1027 1597 2001 2250 2457 26289800 1030 1601 2006 2256 2463 26349850 1032 1604 2011 2261 2469 26409900 1035 1608 2016 2267 2475 26479950 1037 1612 2021 2272 2481 265310000 1040 1616 2026 2278 2487 2659(f) Adjusted basic child support obligation.- The adjusted basic child support obligation shall be determined by multiplying the basic child support obligation by one and one-half.
(g) Child care expenses.- (1) Subject to paragraphs (2) and (3) of this subsection, actual child care expenses incurred on behalf of a child due to employment or job search of either parent shall be added to the basic obligation and shall be divided between the parents in proportion to their adjusted actual incomes.
(2) Child care expenses shall be:
(i) determined by actual family experience, unless the court determines that the actual family experience is not in the best interest of the child; or (ii) if there is no actual family experience or if the court determines that actual family experience is not in the best interest of the child:
1. the level required to provide quality care from a licensed source; or
2. if the custodial parent chooses quality child care with an actual cost of an amount less than the level required to provide quality care from a licensed source, the actual cost of the child care expense.
(3) Additional child care expenses may be considered if a child has special needs.
(h) Extraordinary medical expenses.- (1) Any actual cost of providing health insurance coverage for a child for whom the parents are jointly and severally responsible shall be added to the basic child support obligation and shall be divided by the parents in proportion to their adjusted actual incomes.
(2) Any extraordinary medical expenses incurred on behalf of a child shall be added to the basic child support obligation and shall be divided between the parents in proportion to their adjusted actual incomes.
(i) School and transportation expenses.- By agreement of the parties or by order of court, the following expenses incurred on behalf of a child may be divided between the parents in proportion to their adjusted actual incomes:
(1) any expenses for attending a special or private elementary or secondary school to meet the particular educational needs of the child; or
(2) any expenses for transportation of the child between the homes of the parents.
(j) Setoff for third party payments.- (1) Except as provided in paragraph (2) of this subsection, when a disability dependency benefit, a retirement dependency benefit, or other third party dependency benefit is paid to or for a child of an obligor who is disabled, retired, or is receiving benefits from any source as a result of a compensable claim, the amount of the compensation shall be set off against the child support obligation calculated using the guidelines.
(2) (i) If the amount paid to or for a child exceeds the current child support obligation calculated using the guidelines, the excess payment shall be credited to any existing child support arrearage that accrued after the effective date the benefits were awarded.
(ii) The excess payment may not be credited to any future child support obligation.
(k) Use, possession or occupancy of family home.- (1) Upon the expiration of a use and possession order or the expiration of the right to occupy the family home under a separation or property settlement agreement and upon motion of either party, the court shall review the child support award.
(2) If the allocation of financial responsibility for the family home was a factor in departing from the guidelines under subsection (a) of this section, the court may modify the child support, if appropriate in all the circumstances, upon the expiration of the use and possession order or the expiration of the right to occupy the family home under a separation or property settlement agreement.
(l) Cases other than shared physical custody cases.- (1) Except in cases of shared physical custody, each parent's child support obligation shall be determined by adding each parent's respective share of the basic child support obligation, work-related child care expenses, health insurance expenses, extraordinary medical expenses, and additional expenses under subsection (i) of this section.
(2) The custodial parent shall be presumed to spend that parent's total child support obligation directly on the child or children.
(3) The noncustodial parent shall owe that parent's total child support obligation as child support to the custodial parent minus any ordered payments included in the calculations made directly by the noncustodial parent on behalf of the child or children for work-related child care expenses, health insurance expenses, extraordinary medical expenses, or additional expenses under subsection (i) of this section.
(m) Shared physical custody cases.- (1) In cases of shared physical custody, the adjusted basic child support obligation shall first be divided between the parents in proportion to their respective adjusted actual incomes.
(2) Each parent's share of the adjusted basic child support obligation shall then be multiplied by the percentage of time the child or children spend with the other parent to determine the theoretical basic child support obligation owed to the other parent.
(3) Subject to the provisions of paragraphs (4) and (5) of this subsection, the parent owing the greater amount under paragraph (2) of this subsection shall owe the difference in the 2 amounts as child support.
(4) In addition to the amount of the child support owed under paragraph (3) of this subsection, if either parent incurs child care expenses under subsection (g) of this section, health insurance expenses under subsection (h)(1) of this section, extraordinary medical expenses under subsection (h)(2) of this section, or additional expenses under subsection (i) of this section, the expense shall be divided between the parents in proportion to their respective adjusted actual incomes. The parent not incurring the expense shall pay that parent's proportionate share to:
(i) the parent making direct payments to the provider of the service; or (ii) the provider directly, if a court order requires direct payments to the provider.
(5) The amount owed under paragraph (3) of this subsection may not exceed the amount that would be owed under subsection (l) of this section if the obligor parent were a noncustodial parent.
[1989, ch. 2; 1990, ch. 58; 1992, ch. 22, Section 1; 2004, ch. 25, Section 6; chs. 116, 491; 2007, chs. 35, 36.]
(a) Schedule to be used; division among parents; maintenance and alimony awards.- (1) The basic child support obligation shall be determined in accordance with the schedule of basic child support obligations in subsection (e) of this section. The basic child support obligation shall be divided between the parents in proportion to their adjusted actual incomes.
(2) (i) If one or both parents have made a request for alimony or maintenance in the proceeding in which a child support award is sought, the court shall decide the issue and amount of alimony or maintenance before determining the child support obligation under these guidelines.
(ii) If the court awards alimony or maintenance, the amount of alimony or maintenance awarded shall be considered actual income for the recipient of the alimony or maintenance and shall be subtracted from the income of the payor of the alimony or maintenance under Section 12-201(c)(2) of this subtitle before the court determines the amount of a child support award.
(b) Voluntarily impoverished parent.- (1) Except as provided in paragraph (2) of this subsection, if a parent is voluntarily impoverished, child support may be calculated based on a determination of potential income.
(2) A determination of potential income may not be made for a parent who:
(i) is unable to work because of a physical or mental disability; or (ii) is caring for a child under the age of 2 years for whom the parents are jointly and severally responsible.
(c) Income between amounts in schedule.- If a combined adjusted actual income amount falls between amounts shown in the schedule, the basic child support amount shall be extrapolated to the next higher amount.
(d) Income above schedule levels.- 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.
(e) Basic child support obligation.- Schedule of basic child support obligations: CombinedAdjusted 6 orActual 1 2 3 4 5 MoreIncome Child Children Children Children Children Children0-850 $20 - $150 Per Month, BasedOn Resources And LivingExpenses Of Obligor And NumberOf Children Due Support900 184 273 276 279 282 285950 191 296 304 307 311 3141000 198 307 332 336 340 3431050 205 318 360 364 368 3721100 212 329 389 393 397 4011150 219 339 416 421 425 4301200 226 350 438 449 454 4581250 233 360 451 477 482 4871300 239 371 465 504 510 5151350 246 382 478 532 538 5441400 253 392 491 554 566 5721450 260 403 504 569 594 6011500 267 413 517 584 623 6291550 274 424 531 599 651 6581600 282 436 546 616 672 6911650 288 447 559 631 688 7251700 295 457 572 645 704 7531750 302 467 585 660 720 7701800 308 477 598 674 735 7871850 315 488 611 689 751 8041900 321 498 624 703 767 8211950 327 506 634 715 780 8352000 332 515 645 727 793 8482050 338 523 655 739 806 8622100 343 531 666 751 819 8762150 349 540 677 763 832 8902200 354 548 687 774 845 9042250 359 557 698 786 858 9182300 365 565 708 798 871 9312350 370 573 719 810 884 9452400 376 582 729 822 897 9592450 381 590 740 833 909 9732500 386 598 750 845 922 9872550 392 607 761 857 935 10002600 397 615 771 869 948 10142650 403 624 782 881 961 10282700 408 632 793 893 974 10422750 413 640 803 904 987 10562800 419 649 814 916 1000 10702850 424 657 824 928 1013 10832900 429 666 835 940 1026 10972950 435 675 846 953 1039 11123000 441 684 857 965 1053 11263050 446 693 868 978 1067 11413100 452 702 879 990 1080 11563150 458 710 890 1003 1094 11703200 463 719 901 1015 1108 11853250 469 728 912 1028 1121 11993300 475 737 923 1040 1135 12143350 480 746 934 1053 1148 12283400 486 755 945 1065 1162 12433450 491 764 957 1078 1176 12583500 497 773 968 1090 1189 12723550 503 782 979 1103 1203 12873600 508 790 990 1115 1216 13013650 514 799 1001 1128 1230 13163700 520 808 1012 1140 1244 13303750 525 817 1023 1152 1257 13453800 532 827 1035 1166 1273 13613850 538 837 1048 1181 1288 13783900 544 847 1060 1195 1303 13943950 551 857 10731209 1319 14114000 557 867 1085 1223 1334 14274050 563 877 1097 1236 1349 14424100 569 886 1109 1249 1363 14584150 575 895 1120 1262 1377 14734200 581 905 1132 1275 1391 14884250 587 914 1143 1288 1405 15034300 593 923 1155 1301 1420 15184350 598 932 1166 1314 1434 15344400 604 942 1178 1327 1448 15494450 610 951 1189 1340 1462 15644500 616 960 1201 1353 1477 15794550 622 970 1212 1366 1491 15944600 628 979 1224 1379 1505 16104650 634 987 1234 1391 1518 16244700 639 995 1244 1403 1530 16374750 644 1003 1254 1414 1543 16504800 649 1011 1264 1425 1555 16634850 655 1019 1274 1437 1567 16764900 660 1027 1284 1448 1580 16894950 665 1035 1294 1459 1592 17035000 670 1043 1304 1470 1604 17165050 676 1051 1314 1482 1617 17295100 681 1059 1324 1493 1629 17425150 686 1067 1334 1504 1641 17555200 691 1075 1344 1515 1654 17685250 696 1083 1354 1527 1666 17815300 702 1091 1364 1538 1678 17945350 707 1099 1374 1549 1691 18075400 712 1107 1384 1561 1703 18215450 717 1115 1394 1572 1715 18345500 722 1123 1404 1583 1728 18475550 728 1131 1414 1594 1740 18605600 733 1139 1424 1606 1752 18735650 738 1147 1434 1617 1765 18865700 743 1155 1444 1628 1777 18995750 748 1163 1454 1639 1789 19125800 754 1171 1464 1651 1801 19265850 759 1179 1474 1662 1814 19395900 764 1187 1484 1673 1826 19525950 769 1195 1494 1685 1838 19656000 774 1203 1504 1696 1851 19786050 780 1211 1513 1707 1863 19916100 785 1219 1523 1718 1875 20046150 790 1227 1533 1730 1888 20176200 795 1235 1543 1741 1900 20306250 800 1243 1553 1752 1912 20446300 806 1251 1563 1763 1925 20576350 811 1259 1573 1775 1937 20706400 815 1266 1582 1785 1947 20816450 819 1271 1589 1793 1956 20916500 823 1277 1597 1801 1965 21006550 827 1283 1604 1809 1974 21106600 831 1289 1611 1817 1983 21196650 834 1294 1618 1826 1992 21296700 838 1300 1626 1834 2001 21386750 842 1306 1633 1842 2010 21486800 846 1311 1640 1850 2019 21576850 850 1317 1647 1858 2028 21676900 854 1323 1654 1866 2037 21766950 857 1329 1662 1874 2045 21867000 861 1334 1669 1882 2054 21957050 865 1340 1676 1891 2063 22057100 869 1346 1683 1899 2072 22147150 873 1351 1691 1907 2081 22247200 876 1357 1698 1915 2090 22337250 880 1363 1705 1923 209922437300 884 1369 1712 1931 2108 22537350 888 1374 1720 1939 2117 22627400 892 1380 1727 1947 2126 22727450 895 1386 1734 1956 2135 22817500 899 1391 1741 1964 2144 22917550 903 1397 1748 1972 2153 23007600 906 1402 1755 1979 2161 23097650 909 1407 1761 1986 2168 23177700 912 1412 1768 1993 2175 23257750 915 1417 1774 1999 2182 23337800 918 1422 1780 2006 2190 23407850 921 1427 1786 2012 2197 23487900 923 1431 1792 2019 2204 23567950 926 1436 1798 2026 2211 23648000 929 1441 1804 2032 2219 23728050 932 1446 1810 2039 2226 23808100 935 1451 1817 2045 2233 23888150 938 1456 1823 2052 2240 23968200 941 1461 1829 2059 2248 24048250 944 1465 1835 2065 2255 24128300 947 1470 1841 2072 2262 24208350 949 1475 1847 2078 2270 24288400 952 1480 1853 2085 2277 24368450 955 1485 1860 2092 2284 24448500 958 1490 1866 2098 2291 24528550 961 1494 1872 2105 2299 24608600 964 1499 1878 2111 2306 24688650 967 1504 1884 2118 2313 24768700 970 1509 1890 2125 2320 24848750 973 1514 1896 2131 2328 24928800 975 1518 1901 2137 2334 24988850 978 1521 1906 2142 2340 25048900 980 1525 1910 2147 2345 25108950 982 1528 1915 2152 2351 25169000 989 1539 1928 2168 2367 25349050 992 1543 1933 2173 2373 25409100 994 1547 1938 2179 2379 25469150 997 1551 1943 2184 2385 25529200 999 1554 1948 2190 2391 25599250 1002 1558 1953 2195 2397 25659300 1004 1562 1958 2201 2403 25719350 1007 1566 1963 2206 2409 25789400 1009 1570 1967 2212 2415 25849450 1012 1574 1972 2217 2421 25909500 1014 1577 1977 2223 2427 25969550 1017 1581 1982 2228 2433 26039600 1020 1585 1987 2234 2439 26099650 1022 1589 1992 2239 2445 26159700 1025 1593 1997 2245 2451 26229750 1027 1597 2001 2250 2457 26289800 1030 1601 2006 2256 2463 26349850 1032 1604 2011 2261 2469 26409900 1035 1608 2016 2267 2475 26479950 1037 1612 2021 2272 2481 265310000 1040 1616 2026 2278 2487 2659(f) Adjusted basic child support obligation.- The adjusted basic child support obligation shall be determined by multiplying the basic child support obligation by one and one-half.
(g) Child care expenses.- (1) Subject to paragraphs (2) and (3) of this subsection, actual child care expenses incurred on behalf of a child due to employment or job search of either parent shall be added to the basic obligation and shall be divided between the parents in proportion to their adjusted actual incomes.
(2) Child care expenses shall be:
(i) determined by actual family experience, unless the court determines that the actual family experience is not in the best interest of the child; or (ii) if there is no actual family experience or if the court determines that actual family experience is not in the best interest of the child:
1. the level required to provide quality care from a licensed source; or
2. if the custodial parent chooses quality child care with an actual cost of an amount less than the level required to provide quality care from a licensed source, the actual cost of the child care expense.
(3) Additional child care expenses may be considered if a child has special needs.
(h) Extraordinary medical expenses.- (1) Any actual cost of providing health insurance coverage for a child for whom the parents are jointly and severally responsible shall be added to the basic child support obligation and shall be divided by the parents in proportion to their adjusted actual incomes.
(2) Any extraordinary medical expenses incurred on behalf of a child shall be added to the basic child support obligation and shall be divided between the parents in proportion to their adjusted actual incomes.
(i) School and transportation expenses.- By agreement of the parties or by order of court, the following expenses incurred on behalf of a child may be divided between the parents in proportion to their adjusted actual incomes:
(1) any expenses for attending a special or private elementary or secondary school to meet the particular educational needs of the child; or
(2) any expenses for transportation of the child between the homes of the parents.
(j) Setoff for third party payments.- (1) Except as provided in paragraph (2) of this subsection, when a disability dependency benefit, a retirement dependency benefit, or other third party dependency benefit is paid to or for a child of an obligor who is disabled, retired, or is receiving benefits from any source as a result of a compensable claim, the amount of the compensation shall be set off against the child support obligation calculated using the guidelines.
(2) (i) If the amount paid to or for a child exceeds the current child support obligation calculated using the guidelines, the excess payment shall be credited to any existing child support arrearage that accrued after the effective date the benefits were awarded.
(ii) The excess payment may not be credited to any future child support obligation.
(k) Use, possession or occupancy of family home.- (1) Upon the expiration of a use and possession order or the expiration of the right to occupy the family home under a separation or property settlement agreement and upon motion of either party, the court shall review the child support award.
(2) If the allocation of financial responsibility for the family home was a factor in departing from the guidelines under subsection (a) of this section, the court may modify the child support, if appropriate in all the circumstances, upon the expiration of the use and possession order or the expiration of the right to occupy the family home under a separation or property settlement agreement.
(l) Cases other than shared physical custody cases.- (1) Except in cases of shared physical custody, each parent's child support obligation shall be determined by adding each parent's respective share of the basic child support obligation, work-related child care expenses, health insurance expenses, extraordinary medical expenses, and additional expenses under subsection (i) of this section.
(2) The custodial parent shall be presumed to spend that parent's total child support obligation directly on the child or children.
(3) The noncustodial parent shall owe that parent's total child support obligation as child support to the custodial parent minus any ordered payments included in the calculations made directly by the noncustodial parent on behalf of the child or children for work-related child care expenses, health insurance expenses, extraordinary medical expenses, or additional expenses under subsection (i) of this section.
(m) Shared physical custody cases.- (1) In cases of shared physical custody, the adjusted basic child support obligation shall first be divided between the parents in proportion to their respective adjusted actual incomes.
(2) Each parent's share of the adjusted basic child support obligation shall then be multiplied by the percentage of time the child or children spend with the other parent to determine the theoretical basic child support obligation owed to the other parent.
(3) Subject to the provisions of paragraphs (4) and (5) of this subsection, the parent owing the greater amount under paragraph (2) of this subsection shall owe the difference in the 2 amounts as child support.
(4) In addition to the amount of the child support owed under paragraph (3) of this subsection, if either parent incurs child care expenses under subsection (g) of this section, health insurance expenses under subsection (h)(1) of this section, extraordinary medical expenses under subsection (h)(2) of this section, or additional expenses under subsection (i) of this section, the expense shall be divided between the parents in proportion to their respective adjusted actual incomes. The parent not incurring the expense shall pay that parent's proportionate share to:
(i) the parent making direct payments to the provider of the service; or (ii) the provider directly, if a court order requires direct payments to the provider.
(5) The amount owed under paragraph (3) of this subsection may not exceed the amount that would be owed under subsection (l) of this section if the obligor parent were a noncustodial parent.
[1989, ch. 2; 1990, ch. 58; 1992, ch. 22, Section 1; 2004, ch. 25, Section 6; chs. 116, 491; 2007, chs. 35, 36.]
Maryland Temporary Alimony Award
Section 11-102 Award - Alimony pendente lite
(a) In general.- Except as provided in subsection (b) of this section, in a proceeding for divorce, alimony, or annulment of marriage, the court may award alimony pendente lite to either party.
(b) Spouse a resident in related institution.- The court may not award alimony pendente lite in a proceeding for alimony on a bill of complaint for alimony to the spouse of a resident in a related institution as defined in Section 19-301 of the Health - General Article if the petitioner attempts to satisfy the separation grounds for divorce under Section Section 7-102 and 7-103 of this article based on the spouse's residence in a related institution.
[An. Code 1957, art. 16, Section 1; 1984, ch. 296, Section 2; 1992, ch. 628.]
(a) In general.- Except as provided in subsection (b) of this section, in a proceeding for divorce, alimony, or annulment of marriage, the court may award alimony pendente lite to either party.
(b) Spouse a resident in related institution.- The court may not award alimony pendente lite in a proceeding for alimony on a bill of complaint for alimony to the spouse of a resident in a related institution as defined in Section 19-301 of the Health - General Article if the petitioner attempts to satisfy the separation grounds for divorce under Section Section 7-102 and 7-103 of this article based on the spouse's residence in a related institution.
[An. Code 1957, art. 16, Section 1; 1984, ch. 296, Section 2; 1992, ch. 628.]
Maryland Termination of Alimony
Section 11-108 Termination of alimony
Unless the parties agree otherwise, alimony terminates:
(1) on the death of either party;
(2) on the marriage of the recipient; or
(3) if the court finds that termination is necessary to avoid a harsh and inequitable result.
[An. Code 1957, art. 16, Section 5; 1984, ch. 296, Section 2.]
Unless the parties agree otherwise, alimony terminates:
(1) on the death of either party;
(2) on the marriage of the recipient; or
(3) if the court finds that termination is necessary to avoid a harsh and inequitable result.
[An. Code 1957, art. 16, Section 5; 1984, ch. 296, Section 2.]
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