Wills v. Jones

MURPHY, Chief Judge.

This ease requires us to determine whether penal incarceration constitutes a material change of circumstance sufficient to justify the modification of a child support award under Maryland Code (1984, 1991 Repl.Vol., 1994 Supp.) § 12-104 of the Family Law Article, and whether an incarcerated parent should be considered voluntarily impoverished under § 12-204(b) of that Article. We hold that a prisoner’s incarceration may constitute a material change of circumstance if the effect on the prisoner’s ability to pay child support is sufficiently reduced due to incarceration.…