By Carol G. Cooper, Esq.
Carol G. Cooper, Esq., a family law attorney in Baltimore with the law firm of Gordon Feinblatt LLC, answers some commonly asked questions regarding custody and child support.
1. When, if ever, can my child decide which parent will have custody of him or her?
A child does not have the power to decide with which parent he or she lives as a minor (i.e., younger than age 18). The child’s preference may be considered by a judge, but the weight the judge places on the child’s wishes may vary depending on the judge and the child’s maturity and capacity for rational judgment. The child’s age, in and of itself, is not controlling. A 10-year-old may sometimes have better judgment than a 15-year-old.
Maryland law allows a child who is 16 or older to file his or her own custody petition. That said, the child will still need to prove, as in any custody modification case, that there has been a material change in circumstances since the last custody order and that it is in the child’s best interests for custody to be modified.
Practically speaking, it is difficult for a custodial parent to force an older child to spend time with a parent with whom the child does not want to spend time. Seeking help from a psychologist or licensed clinical social worker in these instances may be the best path.
2. What can I do if my ex and I have joint legal custody, but he or she will not agree to have our child or children vaccinated?
Try resolving the issue between the two of you. A few ways of reaching an agreement are consulting with the child’s or children’s pediatrician to discuss the pros and cons of vaccination, consulting with a social worker experienced in helping divorced or separated parents make decisions when at an impasse, or both.
In the event you cannot reach agreement, you may file a Complaint to modify legal custody seeking sole legal custody, at least regarding medical decision-making or specifically with regard to vaccination decisions. The judge does not have the power to decide whether a child or children should be vaccinated; rather, the judge decides which parent makes that decision.
3. If I share 50/50 physical custody with my co-parent, do I have to pay child support?
Possibly, it depends on each parent’s income.
Under the Maryland Child Support guidelines, a parent’s child support obligation is partially determined by the time that each parent has the child(ren) in his or her overnight care and custody. Whether a parent is obligated to pay child support when the parents have equal shared physical custody depends mostly on the respective incomes of the parents and which parent is paying for work-related child care, the child’s or children’s health insurance, extraordinary medical expenses, and agreed-upon private school tuition, where applicable.
If the total combined income of the parents is equal to or less than $15,000 per month, the amount a parent pays in child support is based upon a calculation using the child support guidelines. In July 2022, the guidelines will change so that the combined income upper limit will be $30,000 per month. When the combined income falls within the guidelines, there is a rebuttable presumption that the guidelines amount is correct. A judge may deviate from the guidelines where the child support under the guidelines is unjust or inappropriate.
When the combined income of the parents exceeds the upper limit (currently $15,000 per month), a judge may determine the appropriate amount of child support. There, the judge may consider the extrapolated guidelines (using the same formula but extending the guidelines beyond the upper limit). Many judges do this. A judge also may consider the child’s or children’s needs and the respective incomes and financial circumstances of the parties.
Carol G. Cooper, Esq. is a family law lawyer in Baltimore with the law firm of Gordon Feinblatt LLC. She can be reached by calling 410-576-4122 or emailing ccooper@gfrlaw.com.
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