More News

ANNAPOLIS – The Senate passed legislation this week that aims to update Maryland's child-support guidelines for the first time in more than 20 years.

But the bill's fate in the House of Delegates remains unclear, with lawmakers examining its impact on hundreds of thousands of children and questioning each other's motives.

Del. Luiz R.S. Simmons' opposition in the House Judiciary Committee has rankled advocates and committee members, who say he is impeding the bill's progress.

"I think that those who are opposed don't understand how the child-support guidelines work and have the impression that the current matrix is fair," said Del. Kathleen M. Dumais (D-Dist. 15) of Rockville.

Simmons, however, denies that he opposes the legislation, only that he wants the new standards based on hard, independent data.

"I was sent here to do an honest job and not simply swallow whole every idea that comes out," he said. "This is a very significant change, and I believe it should be implemented thoughtfully and carefully."

Critics simply don't want the bill to be changed from its original form, he charged.

"It's heresy to ask questions," said a frustrated Simmons, a lawyer who is known as one of the most inquisitive members of the Judiciary panel. "There's a culture that's developed where you're not supposed to ask questions."

Senators spent several days debating the chamber's version of the bill, which sailed through the Judicial Proceedings Committee before running into resistance from Sen. Robert A. Zirkin (D-Dist. 11) of Owings Mills on the floor.

"It demands a more full explanation, a more full analysis because it is serious," he said Monday.

Zirkin, who is also a lawyer, attempted to amend the bill so a court would have to examine financial records to determine appropriate child-support payments for both the custodial and noncustodial parents, at their request. It failed, 39-7.

On Tuesday, he continued to raise concerns about how the new guidelines were determined and whether the issue has been thoroughly vetted.

Maryland should take its lead from Virginia, where members of a child support guideline review panel recently decided not to update the state's standards in light of the withering economy, Zirkin said.

"This is a massive redistribution of wealth," he said, moments before the bill passed, 43-2, with Senate Minority Leader Allan H. Kittleman (R-Dist. 9) of West Friendship joining Zirkin in opposition.

The temporary hang-up in the Senate caused House Judiciary Chairman Joseph F. Vallario Jr. (D-Dist. 27A) of Upper Marlboro to delay a committee vote until later this week.

Lawmakers' wariness to change the guidelines has frustrated Department of Human Resources Secretary Brenda Donald, who has made the bill her top legislative priority this year.

"Since it has been so long since the guidelines have been updated, it's kind of a bigger pill to swallow," she said.

Current guidelines for child support — a court-ordered monthly payment by the noncustodial parent to support the custodial parent's child-rearing expenses — are based on economic data from 1988, when the average gallon of gas cost $1.08 compared with $2.90 today, and postage was half the price of today's 44-cent stamp.

DHR estimates that Maryland has about 500,000 child support cases. In fiscal 2009, the state collected nearly $516 million in child-support payments that were conveyed to custodial parents.

The department uses a number of variables to calculate child-support payments, including parents' income, housing costs, the consumer price index and cost-of-living expenses.

If the new guidelines are approved, most noncustodial parents would pay more, Donald said. Payments for those at the lower end of the income scale would decrease slightly.

Under the department's proposed changes, for two parents with one child who each earn $3,000 a month, the noncustodial parent would pay $488 in child support, $101 more than the current obligation.

Updating the guidelines is long overdue, said Del. Jeff Waldstreicher (D-Dist. 18) of Kensington, who is the bill's chief House sponsor and a member of the House Judiciary Committee.

"We have the opportunity to benefit hundreds of thousands of children in Maryland," he said.

Simmons provided his own statistical analysis that indicates Maryland's guidelines already rank near the top or in the middle of the pack compared with those of other states. DHR officials argue that his research is outdated

Dumais charged that Simmons wants to totally revamp the child support system with "a lawyer's employment amendment."

Simmons scolded Dumais, a family law attorney, for questioning his intent. He called it "the height of hypocrisy."

The amendment he plans to offer would allow parents to ask the court to examine financial records and depart from the child-support guidelines more frequently, if justified.

Simmons also wants to strike a proposed departmental change that would establish guidelines for parents with combined monthly incomes of up to $30,000. Currently, the guidelines stop at $10,000.

Judges rarely depart from the guidelines, Simmons said.

But DHR cited a November 2008 study by University of Maryland School of Social Work researchers that showed judges deviated from the proposed guidelines in more than one out of every five cases.

Child-support bills can be a political minefield because many lawmakers have a personal experience or know someone it affects that can color the facts and complicate matters, Donald said.

The economic downturn also has lawmakers wary to do anything that could lead to higher payments, but Donald said a judge can modify payouts due to economic hardships, such as when a parent loses his or her job.

"The economy is an emotional reaction, but I don't think it's a logical argument," she said.