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1. Does the Law Allow for Garnishment in Cases of Unpaid Child Support?
Yes, Maryland and D.C. law currently permits the state to garnish wages in order to satisfy unpaid child support, as well as unpaid alimony. In instances in which wages may be garnished to satisfy either of these unpaid debts, these jurisdictions follow the federal Consumer Credit Protection Act (CCPA). This law governs the portion of a debtor’s earnings which may be garnished.
2. Can Child Support Amounts Be Modified after the Initial Order?
Yes, both Maryland and D.C. permit a child support order to be modified after its initial creation. However, Maryland and D.C. law permits child support modification only under certain limited circumstances. Essentially, the petitioner for modification must demonstrate with clear evidence that such a modification is warranted because of a substantial change in material circumstances.
3. Can Child Custody Orders Be Modified after the Initial Order?
Yes, child custody orders may be modified under current law in both Maryland and D.C. But, as with the modification of child support orders, the modification of custody orders follows a certain procedure. Basically, to modify an existing custody order, the petitioner needs to provide evidence that such a modification is justified, and in the “best interests of the child.” If this burden isn’t met, then the custody order will not be changed.
4. How Do Maryland & D.C. Determine Alimony Awards?
Alimony awards are determined according to a complex system. When judges in Maryland or D.C. make these determinations, they make them based on a careful consideration of many factors, including length of marriage, financial contributions to the marriage, financial status of the parties, behaviors during marriage (cruelty, dissipation of assets, etc.), and others. Alimony is not a guarantee, and in many cases none is awarded.
5. Do Maryland & D.C. Presume Any Property Acquired during Marriage is Marital Property?
Yes, under the law of these jurisdictions, any property acquired during marriage is presumed marital property and therefore subject to equitable distribution in the property division phase of divorce. However, this presumption may be rebutted by evidence that the property was the result of either inheritance or gift.
6. Do Maryland & D.C. Courts Take Account of Frivolous Spending Prior to Divorce?
Yes, if one spouse engages in any sort of frivolous or reckless spending prior to divorce, or during the divorce itself, Maryland and D.C. courts will consider this to be “dissipation of assets,” which means that the court will take such spending into account and adjust things accordingly during the property division phase.
7. Do Maryland & D.C. Courts Recognize Prenuptial & Postnuptial Agreements?
Yes, in both Maryland and D.C. law, prenuptial and postnuptial agreements are enforceable, provided that agreements meet the criteria for enforceability. Essentially, to be enforceable, prenuptial and postnuptial agreements must have undergone the same process which applies to all other contractual agreements.
8. Can Parents Privately Agree to “Waive” Their Child Support Obligations?
No, in both Maryland and D.C., child support obligations are a fixed responsibility of each parent, which means that neither parent has the ability to abdicate this responsibility. Depending on the particulars of each case, a parent may be eligible to have child support amounts reduced, but parents cannot simply waive this obligation.
9. Do Maryland & D.C. Law Use the “Income Shares Model” for Child Support Calculation?
Yes, these jurisdictions use the income shares model as a method for determining child support obligations. This model takes the combined income of both parents, along with various other pieces of information, to calculate the specific amount owed in a given case.
10. Do Child Support Obligations Always End When a Child Turns 18?
No, child support obligations do not necessarily or automatically terminate when a child reaches the age of 18. Generally, support obligations end when a child reaches the age of 19, when a child completes his or her secondary education. In the District of Columbia, the obligation ends at age 21.
Contact the Murphy Law Firm for Additional Information
Readers who want to know more about any of the questions or issues discussed here, or about any other family law topic in Maryland or D.C. law, contact one of the family law lawyers at the Murphy Law Firm today by calling 240-219-1187.
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