MD Bar Family Law 3 — Questions and Answers
Question 1: Under Maryland's child support guidelines, which income model is used to calculate the basic support obligation?
- The income shares model, combining both parents' adjusted actual incomes (Correct answer)
- The percentage-of-obligor-income model
- The Melson formula
- A flat statutory amount per child
Correct answer: The income shares model, combining both parents' adjusted actual incomes
Maryland uses the income shares model, apportioning the basic child support obligation between parents based on their combined adjusted actual incomes.
Question 2: In Maryland, shared physical custody adjustments to child support apply when a parent keeps the child overnight for at least what portion of the year?
- 25% of overnights (roughly 92 or more overnights) (Correct answer)
- 50% of overnights exactly
- 35% of overnights
- 10% of overnights
Correct answer: 25% of overnights (roughly 92 or more overnights)
Maryland's shared physical custody formula applies when each parent has the child for at least 25% of overnights, about 92 nights per year.
Question 3: A Maryland court may impute income to a parent for child support purposes when the parent is what?
- Voluntarily impoverished, meaning they freely chose to reduce or forgo income (Correct answer)
- Unemployed for any reason, including disability
- Earning less than the other parent
- Working fewer than 40 hours a week
Correct answer: Voluntarily impoverished, meaning they freely chose to reduce or forgo income
Income may be imputed based on potential income only if the parent is voluntarily impoverished, not if unemployment is involuntary or due to disability.
Question 4: Under Maryland law, when does child support generally terminate?
- At age 18, or up to 19 if the child is still enrolled in secondary school (Correct answer)
- At age 21 in all cases
- When the child gets a driver's license
- Only upon court order after a hearing
Correct answer: At age 18, or up to 19 if the child is still enrolled in secondary school
Maryland support continues to 18, extended while the child remains in high school up to age 19.
Question 5: In Maryland, a premarital agreement waiving alimony is enforceable if what conditions are met?
- It was entered voluntarily, with fair disclosure or knowledge of assets, and is not the product of fraud, duress, or overreaching (Correct answer)
- It was signed before a judge
- Both parties had separate attorneys, which is mandatory
- It was recorded in land records
Correct answer: It was entered voluntarily, with fair disclosure or knowledge of assets, and is not the product of fraud, duress, or overreaching
Under Cannon v. Cannon, Maryland enforces prenups absent fraud, duress, coercion, or overreaching, with adequate disclosure of assets; independent counsel is advisable but not required.
Question 6: Which of the following is a required element for a valid marriage ceremony in Maryland?
- A license and solemnization by an authorized official or religious celebrant (Correct answer)
- A blood test for both parties
- A one-year engagement period
- Registration of the couple's financial assets
Correct answer: A license and solemnization by an authorized official or religious celebrant
Maryland requires a marriage license from the county clerk and solemnization; blood tests are not required.
Question 7: Does Maryland recognize common law marriages?
- No, they cannot be created in Maryland, but valid common law marriages formed in other states are recognized (Correct answer)
- Yes, after seven years of cohabitation
- Yes, after ten years of cohabitation with children
- No, and out-of-state common law marriages are also void in Maryland
Correct answer: No, they cannot be created in Maryland, but valid common law marriages formed in other states are recognized
Common law marriage cannot be contracted in Maryland, but under comity Maryland recognizes one validly created in a jurisdiction permitting it.
MD Bar Family Law 3
Under Maryland's child support guidelines, which income model is used to calculate the basic support obligation?