This blog is provided for informational purposes only. Joseph, Greenwald & Laake, PA is a law firm and some of the information on the blog relates to legal topics. Joseph, Greenwald & Laake, PA does not provide or distribute legal advice through this blog or through emails directed to or from this website. By using the blog, the reader agrees that the information on this blog does not constitute legal or professional advice and does not create any legal or other relationship between the reader and Joseph, Greenwald & Laake, PA or its attorneys. The blog is not a substitute for legal advice from a licensed qualified attorney in your state. The information on the blog is subject to change without notice and no guarantee is given as to being complete, accurate or up-to-date. Although the blog is regularly revised, it may not reflect the latest legal developments. The opinions expressed in or through the blog are the opinions of the individual author and may not reflect the opinion of the firm or an individual attorney. The JGL Legal Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
In 2022, 5 major changes will be made to the guidelines on family allowances, one of which concerns the legal updates of the existing law on voluntary impoverishment and potential income. Client-focused legal representation starts with listening. I listen to the needs, objectives and priorities of my clients. From there, I inform my clients about the law and the process to give them information and knowledge. This is especially important because my clients often feel inaudible and powerless in the face of a situation that is getting out of control. Voluntary impoverishment essentially means that a parent chooses to be unemployed or underemployed (i.e. reduce their income) in order to avoid paying child support. Effective October 1, 2021, for cases filed on or after that date, Maryland will see amendments to its Child Support Definition Act (Family Law Articles § 12-201) for: Bankruptcy indicates impoverishment until imminent collapse. In a maintenance case, voluntary impoverishment and imputed income may apply to the spouse who applies for maintenance or to the spouse who is required to pay maintenance. The JGL Legal Blog is provided by the law firm and/or law firm publisher for educational purposes only, as well as for general information and a general understanding of the law. The JGL Legal Blog is not intended for this purpose and does not offer specific legal advice.
The use or comment on this blog does not create a client relationship with the law firm or any of the authors of the blog posts. “While child support is a separate issue from child support, it also requires the court to `require that the party seeking child support be able to support himself or herself, in whole or in part` and `the time that the party seeking support must receive sufficient education or training to enable him or her to find suitable employment,`” FL § 11-106(b)(1), (b)(2). Most, if not all, of the voluntary impoverishment factors will be relevant to maintenance payments under sections 11-106(b)(1) and (b)(2) of the FL, so the finding of voluntary impoverishment would normally include a finding for maintenance purposes that the impoverished party could support itself but chooses not to. Reynolds v. Reynolds, 216 Md.App. 205 (2014). Why did this happen? Because Maryland is required by law to review its child support policies every 4 years and keep abreast of federal law. According to the Subcommittee on Low-Income Persons proposing these changes, they promote transparency and place greater emphasis on realistically considering potential income and the level of child support, and discourage inappropriate decisions. In fact, research has shown that child support orders for too much actually lead to a decrease in child support. Prior to the amendment of the Act, the Court considered the general jurisprudence that defined “wilful impoverishment” to determine whether income should be allocated to a parent who chose employment that paid less than his or her earning potential. Today, however, “wilful impoverishment” is defined in the Maintenance Act.