Voishan v. Palmer

Court of Appeals of Maryland

609 A.2d 319 (Md. 1992)

Under the income-shares model, child support is not capped at the upper limit of the child-support schedule, and the judge may increase the child-support award if the parties’ combined income exceeds the income contemplated by the statute.

Relevant Facts

Margaret Voishan (the plaintiff) and John Voishan (the defendant) were divorced with two daughters. The plaintiff was awarded custody of the children, and the defendant was ordered to pay $250 per month in child-support payments. Four years later, that amount was increased to $1,400 per month. In 1991, the plaintiff filed a motion to modify child support, because the defendant’s income reached $145,000 per year. In determining child-support obligations, Maryland applies the income-shares model. The model takes the income of both parents into account and requires that each parent pays his or her proportional share. A hearing was held and the judge increased the defendant’s child-support obligation for his minor daughter to $1,550 per month. In making his decision, the judge reviewed the parties’ financial circumstances, considered the needs of the child, and then apportioned the reasonable expenses of the child. The plaintiff appealed.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 12, 2020

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Procedural History

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Citations

609 A.2d 319 (Md. 1992)