In Guidash v. Tome, the Court of Special Appeals of Maryland ruled on whether a circuit court had erred in its factual findings in a child support case. The case arose from a couple’s 1991 marriage. The couple had two children. By 2001, the marriage was over and the couple entered into a separation and property settlement agreement. The separation agreement gave the parties joint legal and physical custody of the kids such that they lived 3 days with their father and 4 with their mother.
The agreement also permitted the mother to live in the marital home for 10 years, during which time the father was responsible for the mortgage, taxes and insurance. The father kept the kids on his medical insurance policy and paid half their medical expenses. The mother agreed to transfer her interest in the marital home to the husband for $25,000 and waived any interest in his pension for $20,000. The parties agreed there would be no child support because of the decisions made regarding the marital home. The agreement expressly provided a court could not modify this agreement.
Afterward, the husband filed a divorce complaint with the separation agreement attached as an exhibit. The court granted the divorce and incorporated the separation agreement into its judgment. From 2001-2011, the mother and the kids lived in the marital home. The husband abided by the terms of the agreement, paying the requisite sums. Continue reading