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In the world of family law, each case presents its own complexities and challenges, especially when it involves child support and custody. In Maryland, the recent case of Jesse Francis v. Stephanie Francis, which resulted in a reported opinion from the Appellate Court of Maryland, sheds light on important legal questions related to child support, particularly the treatment of veteran’s disability benefits as income for support calculations.
At Baumohl Hamburg LLC, we had the honor of representing Stephanie Francis in this case, which addressed significant issues that will impact future child support rulings in Maryland. Harry Baumohl provided legal representation at trial and in the appeal.
In this article, we’ll explore the key takeaways from the case, its implications for family law in Maryland, and how it may affect parents navigating child support and custody issues.
Understanding the Case: Jesse Francis v. Stephanie Francis
This case arose from a dispute over child support obligations. Jesse Francis, the father, sought to modify his child support payments due to a decrease in income after his medical retirement from the U.S. Army. One of the central issues in the case was whether veteran’s disability benefits should be included as "actual income" for the purpose of calculating child support.
The Circuit Court of Baltimore County, after hearing arguments from both sides, decided that Jesse Francis’s veteran’s disability benefits should be considered income when calculating child support. Additionally, the court found Jesse Francis in contempt for failing to pay child support and established a monthly purge provision for him to pay off arrears.
The case was appealed, and the Appellate Court of Maryland upheld the Circuit Court’s rulings. Let’s break down the key legal takeaways from this reported opinion.
Veteran’s Disability Benefits as Income for Child Support
One of the most important aspects of this case was the question of whether veteran’s disability benefits should be included as "actual income" for child support calculations. Maryland law, specifically Family Law § 12-201(b), defines “actual income” as income from any source, unless specifically excluded by statute. The law does not exclude veteran’s disability benefits from the definition of income, which means they can be considered when calculating child support.
In the Jesse Francis v. Stephanie Francis case, the court determined that these benefits fall under the statutory definition of "actual income" and should be included when calculating Jesse Francis's child support obligations. This ruling is consistent with decisions from other jurisdictions, where courts have also concluded that veteran’s disability benefits can be considered income for child support purposes.
This decision is particularly important for parents in Maryland who receive or are entitled to veteran disability benefits, as it clarifies that these benefits may be used to determine child support obligations. It underscores that Maryland courts are focused on the best interests of the child and ensuring that parents contribute fairly based on their available income, regardless of the source.
Imputation of Income to Non-Working Parents
Another significant aspect of this case involved the imputation of income to Stephanie Francis, the mother. At the time of the proceedings, she was not employed, despite having the qualifications to work as a dental assistant. The court imputed minimum-wage income to her based on her ability to work, rather than her actual earnings, which were zero at the time.
In Maryland, courts may impute income to a parent who is voluntarily unemployed or underemployed. This means that even if a parent is not currently earning income, the court can assess their potential earning capacity and use that figure to calculate child support. In this case, the court calculated Stephanie Francis's potential income based on the minimum wage and adjusted it to account for childcare expenses that would be necessary if she were working.
This ruling highlights an important point for parents involved in child support disputes in Maryland: the court will consider not only actual earnings but also potential earnings when determining support obligations. Voluntary unemployment or underemployment does not absolve a parent from contributing to their child’s financial needs.
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Child Support Modifications in Maryland
The Jesse Francis v. Stephanie Francis case also underscores the process for modifying child support in Maryland. Jesse Francis sought a modification of his child support payments due to a material change in circumstances—his medical retirement from the Army and the resulting decrease in his income.
In Maryland, a parent can request a modification of child support if there has been a significant change in circumstances since the last child support order was issued. This could include changes in income, employment, or the needs of the child. However, as seen in this case, the court will scrutinize such requests carefully, ensuring that any modification reflects the parent’s true financial capacity and is in the best interests of the child.
Although Jesse Francis's income had decreased, the court did not grant his request to make the modification retroactive to the date he filed the motion. The court found that there was insufficient documentary evidence to prove that his income had changed at that time, and it would not have been equitable to grant a retroactive reduction when he had not been making consistent child support payments.
This case serves as a reminder that parents seeking to modify child support must provide clear and compelling evidence of their changed financial circumstances. Additionally, retroactive modifications are not guaranteed, especially if there has been a failure to comply with the existing support order.
Contempt for Failure to Pay Child Support
Lastly, the case involved a finding of contempt against Jesse Francis for failing to pay child support. Maryland courts take child support obligations very seriously, and parents who fail to meet their support obligations can face legal consequences, including a contempt finding.
In this case, despite Jesse Francis’s claims that he could not afford to pay due to his decreased income, the court found that he had not proven his inability to pay. The court pointed to his discretionary spending on car payments, dining out, and a gym membership as evidence that he had the ability to contribute more to his child support payments. As a result, the court found him in contempt and established a $100 per month payment toward the arrears.
This aspect of the case serves as a cautionary tale for parents facing difficulties in meeting child support obligations. If you are struggling to make payments, it is critical to document your financial situation and seek a modification through the court rather than unilaterally reducing payments. Maryland courts have the authority to enforce child support orders, and failing to pay can result in serious legal consequences.
Conclusion
The reported opinion in Jesse Francis v. Stephanie Francis offers important guidance for parents involved in child support and custody disputes in Maryland. The case highlights key issues such as the inclusion of veteran’s disability benefits in child support calculations, imputation of income to non-working parents, and the process for modifying child support.
If you are navigating a family law issue, particularly in cases involving complex financial circumstances, it’s important to have an experienced legal team by your side. At Baumohl Hamburg LLC, we specialize in family law matters and are here to help you protect your rights and achieve the best possible outcome for you and your family.
Contact us today to schedule a consultation and learn how we can assist you.
Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. It is always recommended to consult with a qualified attorney for personalized guidance and representation in legal matters.
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About the Author
Harry Baumohl is one of Maryland’s top family law attorneys, with over four decades of experience in divorce, child custody, and high-net-worth family cases. His compassionate and straightforward approach has earned him the trust of his clients, helping them make informed decisions during challenging times. Harry specializes in complex divorce litigation, untangling complicated financial and asset situations, and representing high-income families. A Maryland Super lawyer and graduate of the University of Baltimore Law School, Harry provides expert legal representation to families across the state.
