Cutts v. Trippe
57 A.3d 1006
Md. Ct. Spec. App.2012Background
- Family court modified child support for three children; eldest, Sarah, is a destitute adult child with mental infirmity and a trust, affecting support calculations.
- Divorce decree (2005) required $200 weekly support and health insurance; Mother paid most other costs; tuition and private school expenses largely borne by Mother.
- Sarah (born 1990) attended special schools; resides with Mother when not in session; trust valued around $400,000 with Mother as trustee.
- Mother filed 2010 motion to modify support based on decreased income, increased medical expenses, boarding-school attendance, and Father’s limited visitation.
- Trial court found Sarah a destitute adult child under FL §§ 13-101/13-102 and used Guidelines for support; increased Father’s支ort obligations; visitation coordination.
- Md. Court of Special Appeals affirmed, holding trust not currently available and applying correct destitute analysis; endorsed strict Guideline-based modification where appropriate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Destitute adult child determination | Sarah has no means of subsistence | Trust not currently available; no denial of support | Yes; Sarah is a destitute adult child and entitled to support |
| Modification of child support under Guidelines | Boarding-school time constitutes material change, justify lesser use of Guidelines | No downward departure; boarding time does not reduce support; trust not available | Yes; court properly applied Guidelines; trust excluded absent current availability |
Key Cases Cited
- Presley v. Presley, 65 Md. App. 265 (Md.App. 1985) (trust not currently available; focus on current resources)
- Corby v. McCarthy, 154 Md. App. 446 (Md.App. 2003) (destitute analysis includes those with deficits after balancing)
- Goshorn v. Goshorn, 154 Md. App. 194 (Md.App. 2003) (guidelines apply to destitute adult children)
- Ley v. Forman, 144 Md. App. 658 (Md.App. 2002) (standard for modifying child support; discretion to depart from Guidelines)
- Rivera v. Zysk, 136 Md. App. 607 (Md.App. 2001) (rebuttable presumption of guideline amount; need for evidence to justify departure)