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When parents divorce, the parent who takes primary physical custody will typically receive child support from the other parent. In most cases, child support is calculated based on the “actual incomes” of both parents. In other words, support amounts are commonly based on what each parent is actually earning at the time of the marital dissolution. However, Maryland law has rules regarding calculations based on the voluntary unemployment or voluntary underemployment of a parent, and sometimes those rules mean that support amounts may not be based on what someone is actually earning (at the time of calculation). When a parent avoids working, or takes a job which pays him or her dramatically less than what he or she can earn in the marketplace, then the court might “impute” a higher income to that parent and base child support off the higher imputed income. As with nearly everything else, an analysis is required to determine whether a given case qualifies for an imputed income.
In other cases, child support may be recalculated after a parent obtains a new job. This may occur when the parent’s new job pays a substantially greater income than the one the parent had at the time of the initial support calculation.
In the case of Burleigh v. Burleigh (2019), child support was recalculated after a husband obtained a job in his industry which paid him an income much closer to what he had earned earlier in his career. Let’s look at the facts of this case in more detail.
Facts of the Case
The father in this case was a professional in the finance industry – a financial advisor – and routinely earned around $250,000 during the marriage. The father had a peak income of nearly $350,000. The couple divorced in 2017 after 12 years of marriage; the couple had four children together. The father lost his job in2018. Importantly, the father was terminated not for any fault on his part. The father then obtained a job in an unrelated field – in this case, truck sales, and made substantially less than he did as a financial advisor. His new annual income was around $65,000. The court used this income of $65,000 to calculate child support. The court determined that this calculation was proper because the father hadn’t been fired for any misconduct; if he had been fired for misconduct, then this may have been grounds to impute a higher income.
Later, after the child support amount had already been set, the father obtained a new job in the financial services industry. The mother then went back to court in an effort to recalculate child support based on the father’s new income.
Court Ruling & Discussion of Results
The court allowed the mother’s request for recalculation of income based on the father’s new income. The court stated that the father’s new income would be much closer to the income he previously earned in the financial services industry. And, given that finance was his chosen profession, he would’ve been considered underemployed if he voluntarily stayed working as a salesperson in the trucking industry. Hence, the court was essentially “thinking forward” by recalculating child support based on the father’s new job as a financial advisor, as the mother would’ve eventually had a legitimate argument regarding voluntary underemployment.
Contact the Murphy Law Firm for Additional Information
If you would like additional information on child support guidelines in Maryland, recalculating child support, or another related topic, connect with one of the family law attorneys at the Murphy Law Firm today by calling 240-219-5243.
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