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Collins v. Collins5/30/2002
health insurance premiums (if child included) 228 -- --
c. Minus alimony actually paid
d. Plus/minus alimony awarded in this case 0 0 --
2. Monthly Adjusted Actual Income 4891 3685 8576
3. Percentage of Shared Income Apply line 2 combined to Child Support Schedule 57% 43% --
4. Basic Child Support Obligation
a. Work-Related Child care expenses Code FL, 12-204(g)
b. Extraordinary Medical Expenses Code FL, 12-204(h)
c. Additional Expenses Code FL 12-204(i) 1250 -- 1250
5. Total Child Support Obligation (Add lines 4, 4a, 4b, and 4c.) -- -- 2214
6. Each Parents Child Support Obligation (line 3 times line 5) 1261 953 --
7. Recommended Child Support Order (Amount from line 6 for the non-custodial parent) 0 953 --
Lt. Col. Collins concedes that the Guidelines calculations are correct, but he argues that "the Court failed to reduce the Appellant's military retired pay reflected on that guidelines work sheet by the cost of the SBP [Survivor Benefit Plan] ($240.00)[ ] that maintained and was order by this Court to `retroactively maintain' on behalf of the Appellee." The court ordered that, " eginning March 1, 2001, the plaintiff [Dr. Collins] will be responsible, she must pay the survivor benefit[,]" so Lt. Col. Collins was apparently paying for the survivor benefit during this time. Lt. Col. Collins offers no support for his contention that the cost of the survivor benefit should reduce his income, or that as alimony or otherwise, it should be counted as income to Dr. Collins. It "is not our function to seek out the law in support of a party's appellate contentions." Anderson v. Litzenberg, 115 Md. App. 549, 578, 694 A.2d 150 (1997); see also Oroian v. Allstate Ins. Co., 62 Md. App. 654, 658, 490 A.2d 1321 (1985) (argument deemed waived because appellants cited no authority in their brief to support their position).
"Income" is defined as "actual income of a parent, if the parent is employed to full capacity." FL § 12-201(b)(1). "Actual income" is defined as:
(1) "Actual income" means income from any source.
*
(3) "Actual income" includes:
(i) salaries;
(ii) wages;
(iii) commissions;
(iv) bonuses;
(v) dividend income;
(vi) pension income;
(vii) interest income;
(viii) trust income;
(ix) annuity income;
(x) Social Security benefits;
(xi) workers' compensation benefits;
(xii) unemployment insurance benefits;
(xiii) disability insurance benefits;
(xiv) alimony or maintenance received; and
(xv) expense reimbursements or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business to the extent the reimbursements or payments reduce the parent's personal living expenses.
(4) Based on the circumstances of the case, the court may consider the following items as actual income:
(i) severance pay;
(ii) capital gains;
(iii) gifts; or
(iv) prizes.
(5) "Actual income" does not include benefits received from means-tested public assistance programs, including temporary cash assistance, Supplemental Security Income, food stamps, and transitional emergency, medical, and housing assistance. FL § 12-201(c).
The survivor benefit payment clearly was not actual income to Dr. Collins during this time period. We do not believe that the trial court cl
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