 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Collins v. Collins5/30/2002
per year as an assistant professor. Other than the original pension award, we know little of her overall financial situation in relation to that of Lt. Colonel Collins. We are thus unclear as to why the court believed that a disability award might make her non-self-supporting, even if she only had a $60,000 salary. Recognizing that Dr. Collins' marital award is subject to substantial reduction by a disability finding, the court reserved on the issue of alimony. We find no abuse of discretion. Because of the uncertainty of the trial court's reasoning, behind the court's reservations we vacate this portion of the order and remand for further findings regarding the basis for reservation on the issue of alimony and the determination that the Dr. Collins is now "self supporting."
II. Child Support
Lt. Col. Collins argues that the trial court deviated from the Child Support Guidelines (the "Guidelines") without providing the reasons for the departure. Dr. Collins contends that the Guidelines were properly followed, and that the court's child support award was correct.
The trial court prepared three child support calculations, one for the period from May 1, 2000, through August 31, 2000, the second for the period September 1, 2000, through February 28, 2001, the third covering payments after March 1, 2001:
THE COURT: And there is evidence in this record that private schooling for this child is needed because [it was] not only a practice that the parties employed during their marriage for this child, they agreed to it, the defendant today says he's agreeable to pay his share, so the cost of the private school will be included in child support calculation and the evidence is the tuition is $17,000 a year. Okay.
So having said that, then the child support calculation for purposes of child support and will have to be modified somewhat because I find the plaintiff's actual monthly income from her employment to be $5,672.96 a month. Now, the pension of $1,474 is actually not $1,474, it's less than that because $239 of that is going to be for the survivor benefit that she is going to pay out of her own pocket so she isn't going to get it, so I will have to make that adjustment on the worksheet.
And Mr. Collins' income, his gross income including his pension is $11,377 a month and he should have subtracted from that whatever the pension, it's $1,474, that's what his subtraction is because that's a gross to him and a net to the plaintiff -
[LT. COL. COLLINS ATTORNEY]: Yes, it is. Well, it's still income to her, with all due respect to the Court, it's [the $239 payment for the survivor benefit] still income to her, it's just that she takes it out to pay for something, it's still income to her.
THE COURT: Well, for the purposes of this child support, it isn't income.
[LT. COL. COLLINS ATTORNEY]: Okay.
THE COURT: And the child's schooling is $1,492 and whatever the percentage is as to what the exact percentage comes to, it will also be the relative percentage that the parties have to be for uninsured medical bills.
*
And that was stipulated by the parties that through February of 2001, there is an arrears of $15,594. Unfortunately, I have to redo that too because it's going to change a little bit because of the recalculation of the child support. It's going to change some anyway for that period.
We shall discuss the child support award for each period in turn, as Lt. Col. Collins has complaints about each one. He also alleges error in the court's ruling on the arrearages.
The Guidelines are found at FL ยง 12-201 et seq. They are to be used and
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Maryland Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|