Child Support Enforcement Review

1
Child Support Enforcement Review

• Traditional Methods
• Criminal prosecution (Const. limits? Oakley)
• Contempt
• Civil
• Goal future compliance with order
• Incarceration must have purging provision
• Civil b/p but probably right to counsel
• Criminal
• Goal punish
• Incarceration w/out purging provision
• Const. protections right to counsel, proof
  beyond a
• reasonable doubt

2
New MethodsAutomatic Wage WithholdingLicense
Revocation Drivers, ProfessionalIncome Tax
Refund InterceptInterstate EnforcementIssues
In Personam Jurisdiction Subject Matter
Jurisdiction
3
CHILD CUSTODY

• Part I

March 18, 2003
4
Terminology

• Child Custody can be
• Physical right to physical care and control of
  child (shared residence)
• Legal right to make important decisions about
  child (educational, medical, religious)
• Sole when either or both types of custody are
  awarded to one parent
• Joint when either or both types of custody are
  awarded to both parents

5
Historical Overview of Custody Law

• 18th mid-19th 1830s 1970s -
  century present
• Paternal Maternal Best
• Presumption Presumption Interests

• Mothers presumed
• to be natural
• caretakers
• Best int mothers
• care
• Tender Years
• Presumption

• Father entitled to
• all property
• Children property

• Gender neutral
• Multi-factor
• standard

6

• A few states (and ALI principles) have moved to
  new terminology
• Primary Residential Parent rather than Custodial
  Parent
• Right to Access to Children rather than Right to
  Visitation with Children
• Parenting Plan rather than Custody and Visitation
  Order
• Decisionmaking Process As (or More) Important
  than Substantive Law Mediation vs. Trial

7
Best Interests of Child Standard

• What factors should the court consider?
• Some factors more important than others?
• Some factors the court should not consider?

8
Best Interest Standard in MD

• Broad, multi-factor standard drawn primarily from
  case law
• 1. Fitness of parties
• 2. Character and reputation of parties
• 3. Preference of child
• 4. Material opportunities
• 5. Age and gender of children
• 6. Residence of parties/opportunities for
  visitation
• 7. Length of separation of parents

9
Only Statutory Factor

• Evidence of abuse against the other parent, the
  partys spouse, or any child residing in partys
  household (9-101.1)