Court Rules Disability Benefits Are Income in Francis v. Francis

The Maryland Court of Special Appeals ruled that veterans' disability benefits must be included as income when determining child support obligations. The decision in Francis v. Francis, issued in September 2024, addressed whether a father’s disability benefits should factor into child support calculations.

Background of the Case

The case involved Jesse Francis and Stephanie Francis, a divorced couple with one minor child. Jesse, a medically retired veteran, sought to reduce his child support payments, arguing that his veterans' disability benefits should not be counted as income under Maryland’s child support guidelines. He also requested a modification to reduce his monthly obligation based on his lower post-retirement earnings.

Stephanie opposed the request, asserting that Jesse’s disability benefits represented a stable income source that should be factored into child support calculations. She also sought enforcement of an existing support order due to arrears exceeding $24,000.

Key Legal Issues

1. Are veterans' disability benefits considered income for child support calculations under Maryland law?
2. Did the lower court err in holding Jesse in contempt for nonpayment of child support?
3. Should Jesse’s child support obligation be reduced due to his medical retirement?

Court’s Decision

The appellate court affirmed the lower court’s ruling, holding that:

• Veterans' disability benefits are income under Maryland’s Family Law Article § 12-201(b) and should be included in child support calculations.
• Jesse’s reduced earnings did not justify modifying the child support order, as he failed to prove he could not meet his obligations.
• The contempt finding was appropriate, as Jesse had the ability to make payments but chose to prioritize other expenses.

Implications for Child Support Cases

This ruling clarifies that Maryland courts will not exclude veterans' disability benefits when determining child support obligations. The decision reinforces the principle that parents must prioritize child support payments even if their income changes due to retirement or disability.

Seeking Legal Assistance for Child Support Disputes

Veterans facing challenges related to disability benefits and their impact on financial obligations, including child support, may benefit from legal representation to protect their rights and secure the benefits they have earned. If you are facing a dispute, contact us for legal guidance tailored to your case.