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Collins v. Collins5/30/2002
t's discretion to set the amount of child support. FL § 12-204(d).
Lt. Col. Collins implies that FL § 12-204(d) conflicts with FL § 12-202(a)(2)(v). We must interpret these two provisions in the context of the statutory scheme as a whole, Ridge Heating, 866 Md. at 350-51, and in such a way as not to render a "clause, sentence, or phrase ... `surplusage, superfluous, meaningless, or nugatory.'" State v. Pagano, 341 Md. 129, 134, 669 A.2d 1339 (1996) (quoting Montgomery County v. Buckman, 333 Md. 516, 524, 636 A.2d 448 (1994)).
We are not persuaded that exercising discretion pursuant to FL § 12-204(d) requires a court to make the specific findings under FL § 12-202(a)(2)(v), and Lt. Col. Collins points us to no cases that so hold. FL § 12-202(a)(2)(v)(2)(A) requires that the court set forth "the amount of child support that would have been required under the guidelines." In cases where the parents' combined adjusted actual income exceeds $10,000, this amount is a matter for the court's discretion. In other words, there is no "departure" from the Guidelines.
The Court of Appeals has held that, because the General Assembly declined to extend the Guidelines schedule, that it is proper in such instances for the court, for guidance, to "extrapolate" from the schedule, but ultimately the decision is one of discretion balancing the best interests and needs of the child with financial and other considerations of the parties. Voishan v. Palma, 327 Md. 318, 328-29, 609 A.2d 319 (1992).
Extrapolation from the schedule may act as a "guide," but the judge may also exercise his or her own independent discretion in balancing
"the best interests and needs of the child with the parents' financial ability to meet those needs. Factors which should be considered when setting child support include the financial circumstances of the parties, their station in life, their age and physical condition, and expenses in educating the children." (Citations omitted). Unkle v. Unkle, 305 Md. 587, 597, 505 A.2d 849, 854 (1986).
These principles expressed in the pre-guidelines Unkle decision are consistent with the underlying concept that the child's needs be met as they would have been absent the parents' divorce. Voishan, 327 Md. at 329 (footnote omitted).
That the child support award exceeds the Guidelines schedule by $342.50 does not constitute an abuse of discretion. We will remand for reconsideration only on the issue of health care premiums.
C. After March 1, 2001
The Child Support Guidelines Worksheet for this period was as follows:
Mother Father Combined
1. Monthly Actual Income - Before Taxes 5443 11377 16820
a. Minus pre-existing child support payment actually paid
b. Minus health insurance premiums (if child included) 228 -- --
c. Minus alimony actually paid
d. Plus/minus alimony awarded in this case 1474 -1474 16592
2. Monthly Adjusted Actual Income 6689 9903 --
3. Percentage of Shared Income Apply line 2 combined to Child Support Schedule 40.3% 59.7%
4. Basic Child Support Obligation -- -- 1370
a. Work-Related Child care expenses Code FL, 12-204(g) -- -- 0
b. Extraordinary Medical Expenses Code FL, 12-204(h) -- -- 0
c. Additional Expenses Code FL 12-204(i) 1492 -- 1492
5. Total Child Support Obligation (Add lines 4, 4a, 4b, and 4c.)
6. Each Parents Child Support Obligation (line 3 times line 5) 1153 1709 --
7. Recommended Child Support Order (Amount from line 6 for the non-custodial parent) 0 170
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