Fitzzaland v. Zahn
97 A.3d 184
Md. Ct. Spec. App.2014Background
- Divorce in 2001 awarded joint legal custody and appellee had sole physical custody; no child support awarded.
- From 2002 to 2010, appellant lived in Washington with limited contact with Douglas and Thomas.
- Douglas diagnosed with autism spectrum disorder, anxiety, ODD, and ADHD; IEP support provided during that time.
- Appellee filed Motion for Child Support on April 30, 2012 seeking destitute adult child finding, retroactive support, extraordinary expenses, and attorney’s fees.
- Trial in 2013 resulted in (i) no custody change for Thomas, (ii) Douglas declared a destitute adult child, (iii) child support of $850/month for both children, arrears of $10,200, and $7,500 attorney’s fees; written order entered June 20, 2013.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Douglas is a destitute adult child | Douglas has some employability; evidence shows potential future self-support | Douglas has no current means of subsistence and cannot be self-supporting due to disabilities | Douglas has no means of subsistence and cannot be self-supporting, despite some future potential. |
| Whether the circuit court properly awarded child support for Douglas | If not destitute, no support; but legally justified under guidelines | Guidelines apply; combined incomes used; expenses limited to statutory categories | Guidelines applied; court did not err in awarding child support for Douglas. |
| Whether the attorney’s fees award was proper | Fees were excessive or not properly calculated | Fees justified for unjustified Custody Petition and related work | Court did not abuse discretion; $7,500 award supported by records and Lieberman factors. |
Key Cases Cited
- Cutts v. Trippe, 208 Md. App. 696 (2012) (destitute adult child framework; no resources or substantial deficit permits no further balancing)
- Presley v. Presley, 65 Md. App. 265 (1985) (tenure vs. probationary employment irrelevant to current finances)
- Corby v. McCarthy, 154 Md. App. 446 (2003) (destitute adult child analysis; resources vs. subsistence)
- Stern v. Stern, 58 Md. App. 280 (1984) (equal footing of destitute adult child and minor child; enforcement mechanisms)
- Goshorn v. Goshorn, 154 Md. App. 194 (2003) (use of child support guidelines for destitute adult child)
- Reynolds v. Reynolds, 216 Md. App. 205 (2014) (standard of review: factual for clear error, award for abuse of discretion)
- Horsley v. Radisi, 132 Md. App. 1 (2000) (limits on considering child expenses beyond incomes under guidelines)
- Mayor & Council of Rockville v. Walker, 100 Md. App. 240 (1994) (clear framework for reviewing factual findings)