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The divorce process will always be heavily complicated when children are involved. Even if spouses are able to resolve things relatively amicably, children still add complexity to the divorce process in many ways. One way in which children add complexity is by adding in financial obligations. Maryland is like all other states across the country in that this state believes that parents have a natural financial obligation to their children. Child support guidelines are crafted accordingly.
Child support awards are ultimately based on the particular needs of each situation. Although support awards are informed by consistent guidelines, every case is different, and children frequently have more needs than others.
The case of Zahn v. Zahn (2014) was a good example of how Maryland parents can be required to provide financial assistance even for their adult children. Let’s review this case in detail.
Facts of the Case
The spouses in this case were granted a divorce in 2001. The spouses shared joint legal custody of two sons, but the father was given sole physical custody. Initially, the court didn’t make any award for child support. The mother lived in Washington state from about 2002 to 2010, and seldom saw her sons. During the time the mother lived in Washington state, one of the sons was diagnosed with an autism spectrum disorder. The father went back to court in 2012 for two reasons: (1) to have the child with autism legally declared a “destitute adult child,” and (2) to compel the mother to start making child support payments, and also attorney’s fees.
The mother opposed the motions and attempted to obtain custody of one of the sons. Both parties submitted detail financial documentation to support their contentions. The trial court ultimately rejected the mother’s request for custody and awarded the father $850 in monthly child support payments and the father’s attorney’s fees. The mother then appealed.
Ruling & Discussion
On appeal, the court noted that the mother failed to take issue with the accuracy of the child support determination. Although the mother argued that the court didn’t properly take account of the children’s “reasonable living expenses,” she didn’t address the accuracy of the trial court’s award directly. The appellate division found that the trial court had made a proper determination that one of the children was in fact a “destitute adult child.” Consequently, the mother could potentially be held responsible for child support payments. Moreover, because no issues were raised regarding accuracy, and there was no clear abuse of discretion, the appellate division ultimately affirmed the trial court’s decision. The support award and attorney’s fees were upheld.
Among other things, this case shows that litigants need to know how to approach their appeal when they seek to challenge a trial court judgment. The mother appealed, but she failed to adequately address the accuracy of the trial court award; if she had approached things differently, there may very well have been a different outcome. This speaks back to the importance of having a qualified and capable attorney on your side.
Contact the Murphy Law Firm for More Information
If you want to know more about child support awards, the child support guidelines in Maryland, child custody determinations in general, or any other family law matter, contact one of the leading attorneys at the Murphy Law Firm today by calling 240-219-5243.
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