Child Custody & Support
Child Custody & Child Support
Arguing and fighting over your children is one of the most emotional and sensitive areas of family law there is. It is also extremely costly. Many people drain all their economic resources in a custody battle. Very often it is not just your lawyer who you will have to pay but there can be a variety of experts that will be necessary for both sides of the litigation; there often will be a lawyer for the Child. If there is more than one child at issue, sometimes each child may need their own attorney to represent them. Additionally, mental health experts are often necessary to testify about each party, and a custody evaluation may be necessary to be conducted on the entire family. A custody evaluation can run into the tens of thousands of dollars. Hiring a lawyer is just the beginning of the costs associated with a child custody fight. Mediation however, allows you and the other parent to sit down together with the mediator in a neutral environment and talk, actually hear each other and work towards a resolution that will work for you and the other parent and most importantly the child or children. You can work out the details that a Court may not be able to or may not be willing to.
Legal Custody
Legal Custody is defined as who will be making the decisions regarding the health, education, religion, and general welfare for the Child(ren). There can be as many combinations of agreements regarding legal custody as there are stars in the sky. One party can have “sole” legal custody, where one party make all of the decisions, or the parties can have “joint” legal custody, where the parties make all child related decision (regarding health, education, religion and general welfare) jointly. Alternatively, the parties can develop their own agreements or hybrid agreements where one party may have the decision-making authority for one area and the other party may have the decision making for another area. The decision of how legal custody is agreed to is a difficult one that the parties and mediator will spend significant time discussing with all of the various options. Some of the other issues that you will discuss is how extracurricular activities for the Child(ren) will be selected and how after school activities will be chosen. Additionally, daycare or before and after school care will be discussed.
Holidays & Vacations
In a mediation the parties can discuss and reach agreement on the particulars of what holidays are important to them and to their Child(ren). For some families, Halloween, for example is not an important holiday, for other families, Halloween is a very important family holiday. Some families want to celebrate Christmas Eve together every year and some families want to alternate Christmas Eve and Christmas Day. It is those issues that can be discussed and dealt with in mediation. There are no limits to the details that can be addressed in mediation. What is important to each of you is open for discussion. The mediation forum is for you and your partner to have a voice and to hear each other and reach an Agreement. The issue of vacations can be a difficult one. Some parties want vacations only during the summer, some parties want to take vacations during school vacations, that is why we have open discussions to find out when each party would like to take vacations with the Child(ren). What does the Child(ren) do during the summer? Does the Child(ren) go to day camp? Sleepaway camp?
Physical Custody
Physical Custody is easily defined as where the
Child(ren) spend the night on a day by day basis. While flexibility in schedules is always a good thing, especially for parents who get along, it is preferable to have a default schedule to refer to if there is a problem or disagreement between the parents. That in a nutshell is physical custody. The day to day schedule for the Child(ren). Sometimes the academic year schedule is different from the summer schedule, sometimes not. This physical custody schedule will also consider holidays, vacations, days off of school, early dismissal, late openings, sick days, etc. can all be discussed and agreements can be reached. The mediator will discuss with both of you your work schedules, if one of you has a more flexible schedule and how that impact the physical custody schedule. If one party has a family tradition for a particular holiday that can be discussed and the accommodations in the Agreement should be able to reached to accommodate that. This is what makes mediation so appealing, while a Court may not be able to accommodate the intricacies of each of your needs, a mediator can. There are not the time limitations that exist in a Courtroom or in a trial.
Health Insurance
Maintaining health/medical insurance for the benefit of the Child(ren) and your spouse is a very difficult and important decision. It can also be very expensive. Which parent will maintain coverage, and how is it calculated into the Child Support Guidelines will be discussed at the mediation. What would happen if the parent who is carrying the insurance loses their job is something that can be discussed. Which parent has better coverage? All of these issues can be raised and addressed at the mediation. Does one parent have dental insurance and the other parent does not? Does the Child have any special medical needs? These issues need to be addressed in an open and free environment.
Work Related Daycare
The costs of work related daycare whether for the school year or summer must be calculated and are included in the Maryland Child Support Guidelines. They are shared between the parents in proportion to the incomes of the parties. The work related daycare expenses do not include either parties expenses for babysitters when a parent is socializing if the Child(ren) are in their physical custody. The inclusion of the amount in the Maryland Child Support Guidelines is strictly limited to the expenses associated with work related daycare expenses. When Child(ren) are clearly old enough to take care of themselves, there will be no expense accepted for work related daycare expense.
Other Support
If a party to the matter is already paying Child Support pursuant to a Court Order or is paying Alimony pursuant to a Court Order, those expenses will be taken into consideration in the Child Support Guidelines as they are being calculated in this matter. Make sure that you have proof of those expenses when you meet with the mediator so that the proper calculations can be made.
Child Support
Child Support in Maryland is governed by the Maryland Child Support Guidelines. That is a mathematical calculation based on an income shared model. The Maryland Child Support Guidelines are not “set in stone” and there are reasons to deviate from them, but they are most often followed by the Courts. If the parties’ incomes exceed the incomes contemplated by the Maryland Child Support Guidelines there are different things the Court can do. For example, the Court can examine the needs of the Child(ren) or the Court can extrapolate the Child Support Guidelines based on the incomes of the parties. The Child Support Guidelines do take Work Related Child Care Costs, the cost of the Child(ren)’s health insurance, and the cost of extraordinary medical expenses into consideration. There are other line items that are taken into consideration will be addressed at the time that Child Support is discussed and determined.
Remember, Stacy LeBow Siegel nor any mediator can give legal advice and she recommends that you have the child support reviewed by a legal professional.
Calculating Child Support
In the State of Maryland, the Legislature has enacted a statutory Mathematical formula for the calculation of Child Support. It is based on an income Shared Theory. It is called the Maryland Child Support Guidelines and it contemplates the combined incomes for both parties totaling not more than $15,000.00 per month. The Maryland Child Support Guidelines look at the total incomes of both parents in increments of $50.00.
In Maryland, child support is determined based on the number of overnights each parent has with the child(ren). As such, child support is also based on the physical custody schedule of the child(ren). If each parent has the child(ren) for more than 128 overnights per year, the parents are considered to have the “shared physical” custody of the child(ren). If one parent has the child(ren) for 127 overnights or less, then the other parent is considered to have the “primary physical” custody of the child(ren). There are two different mathematical formulas used; one when there is a primary physical custody situation and a different one when there is a shared physical custody situation.
Maryland Child Support Enforcement Program:
http://dhr.maryland.gov/child-support-services/
Child Support Calculator: http://www.dhr.state.md.us/CSOCGuide/App/disclaimer.do
Remember, Stacy LeBow Siegel nor any mediator can give legal advice and she recommends that you have the child support determined and/or reviewed by a legal professional.
You need to understand the intricacies of the formula and you should have it reviewed by a lawyer for its accuracy and to ensure that you have entered the correct information. It is here merely as a convenience for you.
If you and your spouse or the other parent of your child(ren) have combined incomes which exceed $15,000.00 per month the online calculator will not work. In those situations, there are other considerations to determine the appropriate amount of child support to be paid. You and the other parent can either consider the actual needs of the children or the child support guidelines can be extrapolated based on the actual incomes of the parties.
There are circumstances where there can be deviations of the child support obligations but generally the child support obligation is held to a strict requirement. The payment of child support is for the benefit of the child(ren) and it is not to benefit or harm one of the parents.
