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Collins v. Collins5/30/2002
followed as they are written. FL § 12-202(a)(2)(v), however, provides:
(v) 1. If the court determines that the application of the guidelines would be unjust or inappropriate in a particular case, the court shall make a written finding or specific finding on the record stating the reasons for departing from the guidelines.
2. The court's finding shall state:
A. the amount of child support that would have been required under the guidelines;
B. how the order varies from the guidelines;
C. how the finding serves the best interests of the child; and
D. in cases in which items of value are conveyed instead of a portion of the support presumed under the guidelines, the estimated value of the items conveyed.
The failure to make such findings constitutes reversible error. Boswell v. Boswell, 118 Md. App. 1, 35-36, 701 A.2d 1153 (1997), aff'd, 352 Md. 204, 721 A.2d 662 (1998).
Child support is to be determined in accordance with FL § 12-204, which reads in pertinent part:
(a) Schedule to be used; division among parents; maintenance and alimony awards. --
(1) The basic child support obligation shall be determined in accordance with the schedule of basic child support obligations in subsection (e) of this section. The basic child support obligation shall be divided between the parents in proportion to their adjusted actual incomes.
(2) (i) If one or both parents have made a request for alimony or maintenance in the proceeding in which a child support award is sought, the court shall decide the issue and amount of alimony or maintenance before determining the child support obligation under these guidelines.
(ii) If the court awards alimony or maintenance, the amount of alimony or maintenance awarded shall be considered actual income for the recipient of the alimony or maintenance and shall be subtracted from the income of the payor of the alimony or maintenance under § 12-201 (d) (2) of this subtitle before the court determines the amount of a child support award.
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(d) Income above schedule levels. -- If the combined adjusted actual income exceeds the highest level specified in the schedule in subsection
(e) of this section, the court may use its discretion in setting the amount of child support.
(e) Basic child support obligation. -- Schedule of basic child support obligations:
[Where the combined adjusted actual income[ ] is $10,000 (the highest amount on the chart), the base support obligation is $1,040 per month for one child.]
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(f) Adjusted basic child support obligation. -- The adjusted basic child support obligation shall be determined by multiplying the basic child support obligation by one and one-half.
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(i) School and transportation expenses. -- By agreement of the parties or by order of court, the following expenses incurred on behalf of a child may be divided between the parents in proportion to their adjusted actual incomes:
(1) any expenses for attending a special or private elementary or secondary school to meet the particular educational needs of the child; or
(2) any expenses for transportation of the child between the homes of the parents.
A. May 1, 2000 through August 31, 2000
The Child Support Guidelines Worksheet for this period was as follows:
Mother Father Combined
1. Monthly Actual Income - Before Taxes 5119 3685 8804
a. Minus pre-existing child support payment actually paid
b. Minus
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