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Case Summary: Daniel Lemley v. Suzanne Lemley

Factual and Procedural Background

Daniel Lemley and Suzanne (Bastian) Lemley were married in 1975 and had two children together (Stuart, b. 1981; Warren, b. 1985). At the time of marriage Mr. Lemley received a tax-free disability pension from the D.C. Fire Department and made efforts at employment during the marriage but was largely a caregiver for the children. Mrs. Lemley worked and by 1989 was employed full-time as a legal secretary.

In May 1991 Mrs. Lemley left the marital home with the two boys. Each party filed pleadings seeking return of the children and divorce (Mr. Lemley for desertion; Mrs. Lemley for constructive desertion). Temporary orders resulted in an interim child support obligation imposed on Mrs. Lemley in July 1991. A merits hearing took place over five days from December 1992 to April 1993 before a domestic relations master. The master issued a report on June 10, 1993 recommending that Mrs. Lemley be granted an absolute divorce on grounds of constructive desertion, that Mrs. Lemley be awarded custody, that Mr. Lemley pay child support, and that use/possession, alimony, attorney’s fees, and any monetary award be denied.

The Circuit Court entered a judgment on June 21, 1993 granting an absolute divorce to Mrs. Lemley, awarding custody to her, ordering Mr. Lemley to pay $673.22/month in child support, and denying other relief. Mr. Lemley filed a 33-page statement of exceptions (filed two days late but considered by the trial court), obtained new counsel, and litigated exceptions in an exceptions hearing on September 22, 1993. The chancellor denied the exceptions by order dated September 28, 1993. Mr. Lemley appealed.

Legal Issues Presented

  1. Whether the chancellor erred by failing to make specific findings addressing the specific allegations of error set out in appellant's exceptions and pre-hearing memorandum (adequacy of the chancellor's statement of reasons under the rules and precedent).
  2. Whether the chancellor erred in refusing to permit additional testimony at the exceptions hearing (whether additional evidence should have been allowed under Rule 2-541(i) and related authorities).
  3. Whether the chancellor erred on matters of law, including:
    1. Whether the facts found by the master were a sufficient legal basis to show constructive desertion.
    2. Whether child support should be computed on an inflated ("grossed-up") income figure for tax-free disability benefits absent a finding of voluntary impoverishment.
    3. Whether recognition should have been given to Dan's (Mr. Lemley's) non-marital interest in jointly held real property.
    4. Whether contribution should be denied where a pendente lite order caused the wife's child support payments to be diverted to pay the joint mortgage.
    5. Whether rehabilitative (or other) alimony should have been awarded to Mr. Lemley.

Arguments of the Parties

Appellant (Daniel Lemley)

  • Contended that the chancellor erred in failing to provide an adequate statement of reasons for each exception in accordance with Domingues v. Johnson and related authorities.
  • Argued that the master's factual findings supporting constructive desertion were legally insufficient as a matter of law.
  • Argued the chancellor erred in refusing to admit additional testimony at the exceptions hearing (wanted to call Dr. Milton Shore, Dr. Robert Lazun, and Michele Glen; and requested that the chancellor interview the children).
  • Contended the court improperly "inflated" or "grossed-up" his tax-free disability pension when computing child support (master used $2,500/month rather than the actual $1,961/month) and that this practice was erroneous absent a finding of voluntary impoverishment.
  • Claimed that some of his premarital equity in the first home was nonmarital and should have been recognized (he sought a monetary award or consideration of his contributions to the Sansbury Court home).
  • Asserted he was entitled to contribution for mortgage payments and that denial of a monetary award effectively denied that relief.
  • Sought alimony on the grounds of financial damage and need for assistance to repair credit and obtain transportation/ employment readiness.

Appellee (Suzanne Lemley)

  • Argued that many of Mr. Lemley's exceptions were waived because they were "rambling" and lacked the specificity required by Maryland Rule S74A (and Rule 2-541).
  • Contended that the master's findings were sufficient and that the chancellor did not err in affirming the master's recommendations; defended the custody award and denial of monetary relief.
  • Argued that the child-support gross-up issue was waived by Mr. Lemley; also defended the county practice of grossing up tax-free disability income (as customary in Montgomery County), though the court ultimately rejected that practice in this case.
  • Maintained that no contribution was mandated because mortgage payments during the marriage were made from marital funds.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court in This Opinion
Domingues v. Johnson, 323 Md. 486, 593 A.2d 1133 (1991) Requires the chancellor to exercise independent judgment when ruling on master's recommendations and to state which facts are properly before the court; the chancellor must state reasons for decisions. Used to hold that the chancellor's broad statement that the master's facts "are well founded" was insufficient; remand required for a more definite statement explaining how each challenged fact was resolved.
Bagley v. Bagley, 98 Md. App. 18, 632 A.2d 229 (1993), cert. denied 334 Md. 18, 637 A.2d 1191 (1994) Explains when a chancellor must make specific findings on the record when master's findings are challenged; distinguishes erroneous fact-finding challenges from legal conclusions. Relied upon to conclude that the chancellor must address each specific factual challenge and sometimes make on-the-record findings; court vacated and remanded for such a statement.
James v. James, 96 Md. App. 439, 625 A.2d 381 (1993) Defines sufficiency of "particularity" in exceptions — if court can reasonably rule and opposing party can frame response, particularity satisfied. Cited to support that Mr. Lemley's lengthy exceptions, though rambling, included sufficiently specific allegations for Rule S74A(d).
Pfoff v. State, 85 Md. App. 296, 583 A.2d 1097 (1991) Discusses vagueness in pleadings (context of complaint). Compared for the general proposition about vagueness; court concluded Mrs. Lemley could reasonably respond to Mr. Lemley's exceptions.
G H Clearing and Landscaping v. Whitworth, 66 Md. App. 348, 503 A.2d 1379 (1986) Also discusses vagueness in pleadings. Used as comparative authority regarding pleading particularity.
Ellis v. Ellis, 19 Md. App. 361, 311 A.2d 428 (1973) Articulates that litigants are entitled to ultimate determination by a judge, not a master; master is not vested with judicial power. Used to frame limits of a master's role and to rebut argument that refusing additional evidence at exceptions hearing improperly vested judicial power in the master.
In re Anderson, 272 Md. 85, 321 A.2d 516 (1974) Supports that masters are not judges and lack judicial power. Cited to affirm that the chancellor, not the master, must determine ultimate rights.
Broseus v. Broseus, 82 Md. App. 183, 570 A.2d 874 (1990) Discusses master's role and also contribution issues (cited later). Cited in multiple contexts: to illustrate limits of master, to support that contribution is not mandated where payments were from marital funds.
Levitt v. Levitt, 79 Md. App. 394, 556 A.2d 1162 (1989) Discusses role of master and the court's discretion regarding interviews of children. Used to support that court is not required to speak with children and that master/chancellor procedures are discretionary.
Kirchner v. Caughey, 326 Md. 567, 606 A.2d 257 (1992) Confirms Domingues' requirement that the chancellor exercise independent judgment and state reasons for decisions; Rule 2-522(a) applies. Employed to emphasize that chancellor's opinion must reflect consideration of relevant issues and reasoning supporting independent decisions.
Wenger v. Wenger, 42 Md. App. 596, 402 A.2d 94 (1979) States master's fact-finding is tentative; court may rely on record before the master when ruling on exceptions. Cited for the proposition that the chancellor may resolve challenges by relying on the master's record, but must state how challenges were resolved.
Cousin v. Cousin, 97 Md. App. 506, 631 A.2d 119 (1993) Holds no need to address each finding where appellant does not allege specific fact-finding error. Distinguished — court noted that where specific challenges are made, chancellor must address them individually; Cousin does not excuse the chancellor here.
Soles v. Soles, 248 Md. 723, 238 A.2d 235 (1968) Defines constructive desertion as conduct making continuance of marriage inconsistent with health, self-respect, and reasonable comfort; coerced sexual performance is "abnormal". Applied to analyze whether the master's factual findings (including coerced sexual relations and demeaning conduct) could constitute constructive desertion.
Geisey v. Geisey, 190 Md. 618, 59 A.2d 319 (1948) Quoted for the constructive desertion standard regarding health, self-respect, and comfort. Used as part of the foundational statement of the legal standard for constructive desertion.
Sharp v. Sharp, 58 Md. App. 386, 473 A.2d 499 (1984) Cited in support of the constructive desertion standard. Accord authority for definition and application of constructive desertion principles.
Murphy v. Murphy, 248 Md. 455, 237 A.2d 523 (1968) Holds that a pattern of persistent conduct detrimental to spouse's safety or so demeaning as to be intolerable can constitute constructive desertion; grave threat to self-respect alone may suffice. Relied on to show that physical safety is not always necessary; self-respect threats alone can justify leaving and support the master's findings.
Ches v. Ches, 22 Md. App. 475, 323 A.2d 651 (1974) States that the chancellor may not grant divorce for constructive desertion unless those facts are legally sufficient. Used to frame the standard: assuming facts are properly before the court, the facts found were held legally sufficient in this case.
Bryce v. Bryce, 229 Md. 16, 181 A.2d 455 (1962) Explains that intent to end marriage is not required for constructive desertion. Cited to support that a pattern of conduct need not be intended to end the marriage to constitute constructive desertion.
Dupree v. Dupree, 26 Md. App. 481, 338 A.2d 323 (1975) Places weight on immediate departure after last act of violence in assessing constructive desertion. Cited and distinguished: Mrs. Lemley did not leave immediately, but court explained that delayed departure does not preclude constructive desertion given battered-woman dynamics.
Stewart v. Stewart, 256 Md. 272, 260 A.2d 71 (1969) Holds that nagging/rudeness alone generally will not justify leaving; also supports that delayed departure is not indicative of tolerance. Quoted to balance that trivial conduct does not suffice but that delayed departure does not defeat a claim of constructive desertion.
Stevens v. Stevens, 183 Md. 599, 39 A.2d 690 (1944) Cited in Stewart concerning limitations on trivial conduct as grounds for desertion. Referenced as precedent for the proposition that ordinary rudeness does not justify leaving.
Scheinin v. Scheinin, 200 Md. 282, 89 A.2d 609 (1952) States that where a husband habitually addresses his wife in vile language and occasionally resorts to physical violence, the entire course may constitute grounds for divorce. Used to support that cumulative conduct may meet the constructive desertion standard despite individual acts being insufficient alone.
Carpenter v. Carpenter, 257 Md. 218, 262 A.2d 564 (1970) Cited as authority aligning with Scheinin on cumulative conduct and intolerability. Accord cited in analysis of cumulative abusive conduct supporting constructive desertion.
Maranto v. Maranto, 192 Md. 214, 64 A.2d 144 (1949) Indicates abnormal sexual practices and demands can be inconsistent with spouse's health and self-respect. Used to support the proposition that coerced sexual relations can justify leaving the marital home.
Reuter v. Reuter, 102 Md. App. 212, 649 A.2d 24 (1994) Used illustratively to show county practices may differ on tax treatment of income for support calculations. Cited to demonstrate inconsistency among counties and the court's reluctance to craft a uniform "gross-up" rule absent legislative guidance.
Shrivastava v. Mates, 93 Md. App. 320, 612 A.2d 313 (1992) Holds that amount of child support obligation cannot be governed by separation agreement; statutory guidelines prevail over private stipulation. Applied to reject the notion that parties' stipulation of income is binding if contrary to the guidelines and statute.
Tannehill v. Tannehill, 88 Md. App. 4, 591 A.2d 888 (1991) Discusses purposes of child support guidelines and statutory scheme requiring "actual income" be used. Relied on to reinforce that guidelines require use of "actual income" unless statutory exceptions apply.
Privette v. State, 320 Md. 738, 580 A.2d 188 (1990) Describes the cardinal rule of statutory interpretation—give effect to legislative purpose. Used to buttress the court's conclusion that grossing up tax-free income is a matter for the legislature, not county practice.
Tracey v. Tracey, 328 Md. 380, 614 A.2d 590 (1992) Addresses using statute and legislative purpose in interpretation. Cited in statutory analysis of child support guidelines and alimony standards.
Dept. of Tidewater Fisheries v. Sollers, 201 Md. 603, 95 A.2d 306 (1953) Provides guidance on considering legislative history and the problem the statute addressed. Cited in discussing interpretive approach to the child support statute and guidelines.
Voishan v. Palma, 327 Md. 318, 609 A.2d 319 (1992) Describes history and purpose of child support guidelines and federal mandate for numeric criteria. Used to explain that guidelines strip much discretion and require calculations based on "actual income."
ANA Towing v. Prince George's County (cited as George's County), 314 Md. 711, 552 A.2d 1295 (1989) Supports choosing interpretations avoiding unreasonable results. Cited to support reasoning that allowing county-by-county gross-up practice would produce inconsistent and unreasonable results.
Grant v. Zich, 300 Md. 256, 477 A.2d 1163 (1984) Holds that tenancy by the entirety title creates a rebuttable presumption of intent to make a gift (in context of ownership analysis). Cited to explain the presumptive effect of the Sansbury Court title and the need to consider intent to gift when determining monetary award.
Dorsey v. Dorsey, 302 Md. 312, 487 A.2d 1181 (1985) Holds that the Grant presumption does not apply to the separate issue of whether property is marital property. Cited to note limits of the Grant presumption on marital-property characterization.
Kline v. Kline, 85 Md. App. 28, 581 A.2d 1300 (1990) Explains how premarital contributions and antenuptial agreements bear on monetary awards under the Marital Property Act. Relied on to indicate that Mr. Lemley's premarital contributions can be considered in determining a monetary award even if title cannot be altered.
Watson v. Watson, 77 Md. App. 622, 551 A.2d 505 (1989) Explains premarital interest and contingent equitable right concerning nonmarital property. Cited to show Mr. Lemley's premarital interest was both a legal interest and a contingent equitable right to be considered under the Act.
Nisos v. Nisos, 60 Md. App. 368, 483 A.2d 97 (1984) Notes limits on court's ability to transfer ownership of property at divorce. Cited to explain that the chancellor cannot transfer title held as tenants by the entirety.
Imagnu v. Wodajo, 85 Md. App. 208, 582 A.2d 590 (1990) Requires that the chancellor state that statutory factors for monetary award were considered. Applied to hold the chancellor must state for the record that MD. CODE ANN., FAMILY LAW, § 8-205(b) factors were considered when denying monetary award.
Randolph v. Randolph, 67 Md. App. 577, 508 A.2d 996 (1986) Cited in context of the requirement for articulating reasons in property/monetary award settings. Used as supporting authority for the chancellor's duty to state reasons.
Bangs v. Bangs, 59 Md. App. 350, 475 A.2d 1214 (1984) Holds that a chancellor is not required to articulate every step of thought; a judge is presumed to know and apply the law. Quoted to balance that silence does not automatically rebut presumption that judge applied law, but here remand was still required because record lacked required statement.
Alston v. Alston, 331 Md. 496, 629 A.2d 70 (1993) Gives "considerable weight" to how and when specific marital property was acquired in determining monetary award. Relied on to instruct chancellor to give significant consideration to Mr. Lemley's contribution in awarding any monetary relief on remand.
Merriken v. Merriken, 87 Md. App. 522, 590 A.2d 566 (1991) Demonstrates breadth of discretion under FL § 8-205(b)(10) to reach fair and equitable result. Cited to confirm chancellor's broad discretion in crafting a monetary award subject to statutory factors.
Rock v. Rock, 86 Md. App. 598, 587 A.2d 1133 (1991) Affirms standard that chancellor's equitable discretion stands unless abused or contrary to law. Used to remind that chancellor's decision on remand will stand absent abuse of discretion.
Prahinski v. Prahinski, 75 Md. App. 113, 540 A.2d 833 (1988) Addresses characterization of payments as marital and consequences for contribution claims. Cited in concluding mortgage payments during marriage were made from marital funds and no contribution required.
Wassif v. Wassif, 77 Md. App. 750, 551 A.2d 935 (1989) Discusses similar issues about marital funds and contribution. Used with other authority to support that no contribution was mandated here.
Hull v. Hull, 83 Md. App. 218, 574 A.2d 20 (1990) Explains that rehabilitative alimony cannot be awarded if recipient is self-supporting; indefinite alimony requires unconscionable disparity. Applied to sustain denial of alimony because the master's unchallenged finding was that Mr. Lemley was self-supporting and no unconscionable disparity was shown.
Brodak v. Brodak, 294 Md. 10, 447 A.2d 847 (1982) Stated standard that monetary relief/award will stand unless contrary to law or clear abuse of discretion. Cited as the governing standard for review of the alimony denial.
Best v. Best, 93 Md. App. 644, 613 A.2d 1043 (1992) Holds chancellor has broad discretion to rely on master's record or hold de novo hearing; exceptions hearing may include additional evidence. Cited to support that the chancellor's refusal to hear additional evidence will not be disturbed absent clear error or abuse of discretion.
Rand v. Rand, 33 Md. App. 527, 365 A.2d 586 (1976) Discusses historic role of master and the discretion of chancellor in accepting master's findings or taking additional evidence. Used to support that there is no per se right to present additional evidence at exceptions hearing and that chancellor has discretion.
Bris Realty v. Phoenix Savings and Loan Assn., 238 Md. 84, 208 A.2d 68 (1965) Discussed in connection with when additional evidence is allowed — referenced in Rand. Cited indirectly in explaining the chancellor's discretion to accept or reject additional evidence.
Stach v. Stach, 83 Md. App. 36, 573 A.2d 409 (1990) Addressed concerns about vesting judicial power in a master and statutory construction issues when master recommendations are immediately entered. Cited by appellant to argue constitutional error; court distinguished Stach and found no merit to the argument here.
Magness v. Magness, 79 Md. App. 668, 558 A.2d 807 (1989) Cited regarding circumstances where immediate order would be proper (cited in Stach discussion). Referenced in discussing scope of authority to enter immediate orders under particular conditions.
Md. Dept. of Human Resources v. Bo Peep Day Nursery, 317 Md. 573, 565 A.2d 1015 (1990) Due process requires opportunity to present evidence appropriate to the nature of the case. Invoked to confirm that Mr. Lemley received due process via five days of hearings before the master and that exceptions hearing discretion did not violate due process.
Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 70 S.Ct. 652, 94 L.Ed. 865 (1950) General due process principle regarding notice and opportunity to be heard. Cited in support of due process analysis regarding opportunities to present evidence.
Marshall v. Stefanides, 17 Md. App. 364, 302 A.2d 682 (1973) Governed requirements for interviews of children and recording thereof. Cited in a note to explain that the master interviewed the children, that the interview was waived as to recording, and Marshall's requirements were satisfied.

Court's Reasoning and Analysis

The Court of Special Appeals conducted a multi-part analysis addressing procedural adequacy of the chancellor's ruling and the substantive questions raised by Mr. Lemley. The analysis proceeded in stages:

  1. Particularity of exceptions. The court examined Rule S74A(d) (and Rule 2-541(h)(1)) requiring exceptions set forth with particularity. It concluded that, notwithstanding the rambling style, Mr. Lemley's 33-page exceptions contained sufficiently specific allegations (numerically itemized in the opinion) to permit Mrs. Lemley to respond and to satisfy the rule. The court emphasized that an exception is sufficiently particular if the court can reasonably rule on it and the opposing party can reasonably frame a response (citing James v. James).
  2. Duty of the chancellor when master's findings are challenged. The court relied on Domingues, Bagley, Kirchner, and related cases to explain that when the master's fact-finding is challenged the chancellor must exercise independent judgment and must state, on the record, the reasons for his or her decision and how each specific challenge was resolved. The opinion found that the chancellor's general statement that the master's facts "are well founded" was insufficient because it failed to address each challenged fact separately or summarize the record evidence supporting each challenged finding. Consequently, the court vacated and remanded as to those matters where specific challenges were made (absolute divorce on grounds of constructive desertion, custody, and monetary award).
  3. Constructive desertion (substantive analysis). The court set forth the legal standard for constructive desertion (Soles, Murphy, Geisey and related authorities): conduct that makes continuance of marriage inconsistent with health, self-respect, and reasonable comfort; pattern of persistent conduct detrimental to safety or so demeaning as to be intolerable; coerced sexual performance is "abnormal." Reviewing the master's findings (criticism, conduct causing anxiety/depression, reasonable fear for physical and emotional well-being, necessity of leaving), the court concluded those facts, if supported by the record, were legally sufficient to constitute constructive desertion. Nevertheless, because the chancellor did not state how he resolved each specific challenge to those findings, the matter was remanded for a more definite statement applying the chancellor's independent judgment.
  4. Custody. The master found Mr. Lemley not the best custodian based on delegation of parental authority, interference with Mrs. Lemley's relationship with children, and providing an inappropriate role model. Mr. Lemley objected to each finding. The chancellor's opinion addressed only one of the four broad findings; the court held that the chancellor failed to satisfy Bagley requirements to state how each specific challenge was resolved and remanded custody for further proceedings consistent with the need to address each challenged finding.
  5. Refusal to admit additional evidence at exceptions hearing. The court reviewed the discretionary standard — Rule 2-541(i) allows additional evidence only if the excepting party sets forth the additional evidence with particularity and explains why it was not offered before the master and the court determines the evidence should be considered. The court found no abuse of discretion: (a) Dr. Shore's testimony had been excluded at the merits hearing for cause; (b) Dr. Lazun had already testified extensively at the merits hearing; (c) Mr. Lemley failed to explain why Michele Glen had not been available earlier; and (d) the children’s interview need not be conducted by the court. Thus the court affirmed the chancellor's exercise of discretion in refusing additional evidence.
  6. Child support computation (gross-up of tax-free disability pension). The master and chancellor used a "grossed-up" monthly figure ($2,500) instead of Mr. Lemley's actual tax-free disability pension ($1,961). The court concluded that under the statutory child support guidelines the trial court must use a parent's "actual income" except as provided by statute (e.g., voluntary impoverishment). There is no statutory authority to "gross-up" tax-free income upward; doing so county-by-county would produce inconsistent results. Accordingly, the court reversed the child support award and remanded for recalculation based on the actual dollar amount of the disability pension.
  7. Nonmarital property and monetary award. The master concluded proceeds from the premarital Whitmore Terrace assets were commingled and could not be traced with required specificity to the Sansbury Court house, thus treating the Sansbury house as marital property. Mr. Lemley did not clearly except to the factual tracing conclusion but challenged the denial of a monetary award and argued his premarital equity should be considered. The court found the chancellor failed to state the statutory factors (§ 8-205(b)) were considered in denying a monetary award, and remanded for full reconsideration. The opinion enumerated specific issues the chancellor must address on remand (character of the Sansbury house, nature and timing of Mr. Lemley's contributions, effect of tenancy by entirety title and antenuptial agreement, and consideration of statutory factors).
  8. Contribution for mortgage payments. Mr. Lemley argued contribution was required because mortgage payments were made with nonmarital funds redirected from the wife's child-support payments. The court concluded mortgage payments during the marriage were made from marital funds and therefore contribution was not mandated; the trial court's exercise of discretion on contribution was not an abuse.
  9. Alimony. The master found Mr. Lemley was capable of self-support. The court held that because Mr. Lemley did not challenge the master's fact-finding, the denial of alimony was reviewed for abuse of discretion or failure to conform to law. Under the applicable law, rehabilitative or temporary alimony is not available to a self-supporting spouse; indefinite alimony requires an unconscionable disparity, which Mr. Lemley did not show. The court affirmed denial of alimony.

Holding and Implications

Holding:

  • JUDGMENT VACATED AND REMANDED with respect to the Circuit Court's rulings on absolute divorce (constructive desertion), custody, and denial of any monetary award — remand for further proceedings and for the chancellor to articulate specifically how each challenged factual finding was resolved consistent with Domingues, Bagley, Kirchner, and Rule 2-522(a).
  • JUDGMENT REVERSED AND REMANDED with respect to the child support award — child support must be recalculated using Mr. Lemley's actual disability pension (the court rejected the county practice of grossing-up tax-free income absent statutory authorization).
  • JUDGMENT AFFIRMED IN ALL OTHER RESPECTS — including the refusal to admit additional evidence at the exceptions hearing (no abuse of discretion) and the denial of alimony (based on unchallenged finding of self-sufficiency).
  • Costs were ordered to be paid one half by appellant and one half by appellee.

Implications:

The direct consequences are that (1) the trial court must provide a more definite, on-the-record articulation of how it resolved each of Mr. Lemley's specific exceptions to the master's findings (particularly on constructive desertion and custody), (2) child support must be recalculated based on the actual dollar amount of the tax-free disability pension absent a statutory basis to adjust that income upward, and (3) the denial of monetary award must be reconsidered with explicit reference to the statutory factors of MD. CODE ANN., FAMILY LAW, § 8-205(b). The opinion emphasizes the chancellor's duty to state reasons for discretionary determinations and discourages courts from adopting local practices (such as grossing-up tax-free income) that cannot be grounded in statute. The court did not purport to set a new, broad rule beyond applying existing precedent and statutes; rather it remanded to ensure the trial court complied with established procedural and statutory requirements.

DANIEL LEMLEY v. SUZANNE LEMLEY.

DAVIS, Judge.

This appeal by Daniel Lemley is from an order of the Circuit Court for Montgomery County (Turner, J.) that denied exceptions to the report and recommendations of a domestic relations master and affirmed a judgment of absolute divorce in favor of appellee, Suzanne Lemley. Appellant presents the following questions for our review:

I. Did the chancellor err when he made no specific findings concerning the specific allegations of error set out in the appellant's exceptions and pre-hearing memorandum?
II. Did the chancellor err in refusing to permit additional testimony to be adduced at the exceptions hearing?
III. Did the chancellor err with regard to matters of law?
A. Were the facts found by the Master a sufficient basis to show constructive desertion as a matter of law?
B. Should an award of child support be computed on an inflated income, absent voluntary impoverishment?
C. Should no recognition have been given to Dan's non-marital interest in the jointly owned house?
D. Should all contribution have been denied when a pendente lite order diverted Suzanne's child support payment to pay the joint mortgage debt?
E. Should rehabilitative alimony have been awarded?

FACTS

Suzanne Bastian and Daniel Lemley were married in 1975. Mr. Lemley was thirty-five and had three daughters from a prior marriage. Ms. Bastian was twenty-two and had never been married. Two children were born as a result of this union: Stuart, born in 1981, and Warren, born in 1985.

At the time of the marriage, Mr. Lemley was retired from the District of Columbia Fire Department, having suffered a knee injury in the line of duty, for which he received a disability pension. Mr. Lemley made some effort at being employed during the marriage, including stints in real estate sales and a video filming business, but neither venture was successful. He characterized himself as "Mr. Mom," and it appears that he was the primary caretaker of the children. Mr. Lemley's disability income was supplemented throughout most of the marriage by the earnings from Mrs. Lemley's employment. Mrs. Lemley worked part-time at first, then began to work full-time as a legal secretary in 1989. She was still employed in that capacity at the time of trial.

In May of 1991, Mrs. Lemley left the marital home and took the two boys with her. Mr. Lemley filed a petition for "immediate return of the children, custody and child support." Mrs. Lemley filed a cross-complaint for divorce on grounds of constructive desertion. Mr. Lemley supplemented his earlier pleading with a complaint for divorce on grounds of desertion. In the midst of this imbroglio, Mr. Lemley regained possession of the children through "self-help," and Mrs. Lemley's visitation rights were bitterly contested. An attorney for the children was appointed in July of 1991. On July 5, the court issued an interim order for visitation and child support, whereby Mrs. Lemley was required to pay $948 per month.

A hearing on the merits was begun in December, 1992. It ended in April, 1993 after five days of testimony. Mr. Lemley's attorney withdrew after the fourth day of hearings, and Mr. Lemley proceeded pro se during the fifth and final day. On June 10, 1993, the master issued her report and recommendations, and the court granted Mrs. Lemley's complaint for absolute divorce in a judgment dated June 21. The judgment awarded custody to Mrs. Lemley and ordered Mr. Lemley to pay $673.22 per month in child support. All requests for use and possession, alimony, attorney's fees, and a monetary award were denied.

Mr. Lemley, still proceeding pro se, filed a thirty-three page statement of exceptions to the report and recommendations of the master. Although the exceptions were filed two days late, the chancellor agreed to consider them. Mr. Lemley hired new counsel, and a hearing was held on September 22, 1993. The exceptions were denied in full by an order dated September 28, and Mr. Lemley filed this appeal.

According to Mr. Lemley, the exceptions were late due to a misunderstanding between himself and the master's secretary. The secretary allegedly told Mr. Lemley that the master's report was being served by mail, but if he picked up the report in person he would have an additional three days to respond.

LEGAL ANALYSIS

The legal effect of Mr. Lemley's exceptions and the chancellor's handling of the issues raised therein are broadly disputed by the parties. Mr. Lemley contends that the chancellor erred in failing to provide an adequate statement of the reasons for his decision on each exception, as required by Domingues v. Johnson, 323 Md. 486, 593 A.2d 1133 (1991). Mrs. Lemley contends with equal vigor that the issues raised by Mr. Lemley have been waived because the "rambling incoherent exceptions" do not contain the specificity required by MARYLAND RULE 2-541. We consider each of these procedural claims in the context of constructive desertion, then apply the same analysis to the other substantive issues as appropriate.

I. Constructive Desertion

In considering the complaint and cross-complaint for divorce, the master's report states:

The Master finds from the evidence that: the conduct on the part of [Mr. Lemley] during the marriage, including constant derogatory remarks and criticism of [Mrs. Lemley] in private and public, resulted in anxiety and depression on the part of [Mrs. Lemley] requiring treatment; the problems between the parties gave rise to a reasonable fear on the part of [Mrs. Lemley] for her physical as well as emotional well-being; and it was necessary for her to leave the home to protect her physical and emotional health.

The order and opinion of the chancellor, issued after the exceptions hearing, concurs with that conclusion:

The Court finds that the facts contained in the Report and Recommendations of the Domestic Relations Masters' Office are in fact well founded from the testimony presented and although the Court is not bound to accept the recommendation of the Master's Office, in this case he has used his own independent [sic] review of the facts and finds that a divorce to Mrs. Lemley is justifiable.

Mr. Lemley contends that he took specific exceptions to the fact-finding of the master, and that the chancellor erred when he made no specific findings concerning those allegations of error. In light of our decision in Bagley v. Bagley, 98 Md. App. 18, 632 A.2d 229 (1993), cert. denied, 334 Md. 18, 637 A.2d 1191 (1994), we must agree. We vacate the judgment of divorce and remand for a more definite statement from the court. Mr. Lemley also contends that the facts found by the master are legally insufficient to support a judgment of divorce on grounds of constructive desertion. After addressing the particularity of his exceptions and the appropriate standard of review by the chancellor, we offer guidance on the substantive issue raised by Mr. Lemley.

Particularity . — While the role of masters generally is governed by Rule 2-541, Rule S74A sets forth specific standards that apply to the use of masters in a domestic relations case. Rule S74A(d) states in part:

Exceptions shall be in writing and shall set forth the asserted error with particularity. Any matter not specifically set forth in the exceptions is waived unless the court finds that justice requires otherwise.
Compare Rule 2-541(h)(1) (containing identical language). If the court is reasonably able to rule on the exception, and the opposing party is reasonably able to frame a response, then the exception is sufficiently "particular" to satisfy the requirements of the Rule. James v. James, 96 Md. App. 439, 449, 625 A.2d 381 (1993). Cf. Pfoff v. State, 85 Md. App. 296, 301-02, 583 A.2d 1097 (1991), and G H Clearing and Landscaping v. Whitworth, 66 Md. App. 348, 354-55, 503 A.2d 1379 (1986) (both discussing vagueness in context of a complaint).

While Mrs. Lemley complains about Mr. Lemley's "rambling incoherent exceptions," her answer to those exceptions directly addressed the main issues raised in this appeal, and we cannot say that the form of the exceptions prevented Mrs. Lemley from framing an adequate response. Mr. Lemley's thirty-three page statement of exceptions is indeed rambling, but it nonetheless contains many specific allegations of error that satisfy the requirements of Rule S74A(d). Mr. Lemley's exceptions include the following statements, which we number for the sake of convenience:

1) . . . [T]he Master erred when she said she finds from the evidence of improper conduct on the part of the plaintiff during the marriage including "constant derogatory remarks and criticism of the defendant in private and public, resulted in anxiety and depression requiring treatment."
There was absolutely no evidence. . . . [at page 2]
2) The statement that this conduct, which is unspecified, resulted in a mental condition which required treatment, is unsubstantiated. There was never a diagnosis presented as to any mental condition or illness that required treatment. [at page 3]
3) There was never an incident in the entire marriage that would cause a reason for fear. [at page 4]

The master's recommendation with regard to constructive desertion is grounded in factual findings that Mr. Lemley engaged in certain behaviors, and that those behaviors caused fear, anxiety and depression in Mrs. Lemley. Mr. Lemley plainly contests those findings. While Mrs. Lemley and the chancellor may have preferred that Mr. Lemley omit needless words, number his exceptions, and refrain from arguing about evidence not in the record, we could not ask for a more direct assignment of error.

Review by the chancellor . — The sometimes troubled relationship between master and chancellor has been the subject of several recent opinions by this Court and the Court of Appeals. The difficulty arises in large part from the role that masters play in our judicial system. As we explained in Ellis v. Ellis, 19 Md. App. 361, 365, 311 A.2d 428 (1973):

Litigants in a custody proceeding, as in all judicial proceedings, are entitled to have their cause determined ultimately by a duly qualified judge in a court of competent jurisdiction.
Accord Domingues, 323 Md. at 492, 593 A.2d 1133. Simply put, the master is not a judge and is not vested with any part of the State's judicial power. In re Anderson, 272 Md. 85, 106, 321 A.2d 516 (1974) cert. denied, 421 U.S. 1000, 95 S.Ct. 2399, 44 L.Ed.2d 667 (1975) Broseus v. Broseus, 82 Md. App. 183, 198, 570 A.2d 874 (1990); Levitt v. Levitt, 79 Md. App. 394, 398-99, 556 A.2d 1162, cert. denied, 316 Md. 549, 560 A.2d 1118 (1989). It is the chancellor's role, not the master's, to determine the ultimate rights of the parties.

When a litigant files exceptions to the report and recommendations of a master, the chancellor must "exercise independent judgment to determine the proper result." Domingues, 323 Md. at 496, 593 A.2d 1133. Accord Kirchner v. Caughey, 326 Md. 567, 572, 606 A.2d 257 (1992). The chancellor must also state, for the record, the reasons for his or her decision. MARYLAND RULE 2-522(a) provides:

In a contested court trial, the judge, before or at the time judgment is entered, shall dictate into the record or prepare and file in the action a brief statement of the reasons for the decision and the basis of determining any damages.

In Kirchner, the Court of Appeals concluded that Rule 2-522(a) applies to "a final judgment in every non-jury action, whether legal or equitable in nature." 326 Md. at 573, 606 A.2d 257. As Judge McAuliffe explained, "the chancellor's opinion should reflect consideration of the relevant issues and the reasoning supporting the chancellor's independent decisions on those issues, and we observe that Rule 2-522(a) requires no less." Id.

In Bagley, we concluded that something more is required when a litigant alleges that the master's findings of fact are unsupported by the record. Each of the parties to that dispute adopted an erroneous view of the appropriate standard:

Mrs. Bagley draws no distinction between exceptions alleging erroneous fact-finding and allegedly improper conclusions of law made by the chancellor. Dr. Bagley, on the other hand, argues that Domingues mandates only that the trial court independently evaluate the record and not merely `automatically accept' the master's findings. Dr. Bagley appears to deny that Domingues would ever require the chancellor to make specific findings of fact on the record. Neither party correctly understands Domingues.
Bagley, 98 Md. App. at 29, 632 A.2d 229. Lest there be any lingering confusion, we elaborate further on the requirements of Domingues and Bagley.

A master's fact-finding is merely tentative and does not become binding until approved by the court. Wenger v. Wenger, 42 Md. App. 596, 603, 402 A.2d 94, cert. granted, 286 Md. 755 (1979), appeal dismissed per stipulation, January 1, 1980. When the master's fact-finding is challenged, the chancellor must state for the record how each challenge was resolved. Domingues, 323 Md. at 496, 593 A.2d 1133. The chancellor may resolve the challenge by relying on the record created before the master. Wenger, 42 Md. at 598-99, 402 A.2d 94.

In the case at hand, Mr. Lemley's specific exceptions to the master's fact-finding are swept aside with a broad statement that the facts found by the master "are well founded from the evidence presented." That statement does not comport with the requirements of Domingues, Kirchner, and Bagley. The chancellor does not address each challenge separately, nor does he state for the record how he resolved each challenge. At a minimum, he was required to summarize briefly the evidence in the record that supports each challenged fact. See Bagley, 98 Md. App. at 29, 632 A.2d 229 (concluding that chancellor who rules on exceptions must sometimes "make specific findings of fact on the record"). This should have been clear from the ruling in Domingues, wherein the Court held that the chancellor must determine "which facts are properly before him [or her]" before exercising independent judgment to determine the proper result. Domingues, 323 Md. at 496, 593 A.2d 1133. Compare Cousin v. Cousin, 97 Md. App. 506, 517, 631 A.2d 119 (1993) (holding that there is no need to address each finding of fact where appellant does not allege specific fact-finding error). Because the chancellor failed to state how he resolved each challenge to the master's findings of fact, we must remand for a more definite statement of his decision.

We recognize that the party filing exceptions has the burden of showing, by appropriate references to the record, that the factual finding at issue was clearly erroneous. The chancellor is not required to scour the record in support of evidence to support each challenged finding of fact.

We are not unmindful of the burden that the chancellor faces in reviewing a challenged finding of fact, particularly in a case such as this where the appellant has submitted a "record extract" containing more than 1,800 pages in ten volumes. See Bagley, 98 Md. App. at 30-31, 632 A.2d 229; Domingues, 323 Md. at 497, 593 A.2d 1133. In light of the argument presented during the exceptions hearing, which contains many specific citations to the record, we do not believe that the burden here will be unreasonable.

Constructive desertion . — In addition to his procedural concerns, Mr. Lemley raises a substantive issue: the facts found by the master, he contends, "were insufficient to show constructive desertion as a matter of law." In her report and recommendations the master reached three conclusions, which we restate for clarity:

1) That Mr. Lemley's conduct — including constant criticism of Mrs. Lemley — resulted in anxiety and depression requiring treatment;
2) That Mr. Lemley's conduct caused Mrs. Lemley to have a reasonable fear for her physical and emotional well-being; and
3) That it was necessary for Mrs. Lemley to leave in order to preserve her physical and emotional health.

Mrs. Lemley's description of the circumstances is more direct. Mr. Lemley's conduct, she contends, amounted to "ABUSE" (emphasis in original). During the merits hearing, Mrs. Lemley described one incident in detail:

So, I told him to stop it and to leave, and at this point he really got upset and he sat on top of me. He straddled me and he pinned my arms back and said we were going to talk about it. I told him to get off me, I wanted him to get off me and to leave me alone.
So, he let go of my arms and I started coming up to push him away and he said, "Oh, you want to fight. Is that what you want to do, you want to fight? Well here," and he grabs my wrist with his hand and he is squeezing it very hard and he starts slamming it against the side of his head.

Mrs. Lemley testified that she suffered a bad sprain in her wrist and was required to wear a brace for a week. On another occasion, Mr. Lemley allegedly slammed his fist into the refrigerator door and the basement door. Mrs. Lemley also asserted that Mr. Lemley poured water in her ear when she was trying to sleep, compelled Mrs. Lemley to engage in "coerced sexual relations," and inappropriately discussed the couple's sexual relations in front of the children. The testimony concerning Mr. Lemley's "constant derogatory remarks and criticism" came from several sources. Jane West, an appraiser hired to assess the value of the Lemleys' personal property, testified that Mr. Lemley held a "running conversation" with himself throughout her appraisal, and that much of that "conversation" centered on "derogatory remarks" about Mrs. Lemley. Both Mrs. Lemley and her therapist testified concerning the impact of these various behaviors on Mrs. Lemley's self-respect and emotional well-being.

Because Mr. Lemley has taken exception to the Master's factual findings, the chancellor must determine whether this evidence is properly before the court. Assuming, arguendo, that it is, the chancellor may not grant a divorce on grounds of constructive desertion unless those facts are legally sufficient. Ches v. Ches, 22 Md. App. 475, 483, 323 A.2d 651 (1974). We conclude that they are.

With the introduction of "no-fault" divorce based on a voluntary one-year separation, MD. CODE ANN., FAMILY LAW, § 7-103(a)(3) (1991 Repl. Vol.), or an involuntary two-year separation, § 7-103(a)(5), the issue of constructive desertion as grounds for divorce rarely reaches this Court. The question, as framed by the Court of Appeals, is whether Mr. Lemley has engaged in "such conduct as would make a continuance of the marital relationship inconsistent with the health, self-respect and reasonable comfort of the other." Soles v. Soles, 248 Md. 723, 726-27, 238 A.2d 235 (1968) (quoting Geisey v. Geisey, 190 Md. 618, 627, 59 A.2d 319 (1948)). Accord Sharp v. Sharp, 58 Md. App. 386, 393, 473 A.2d 499 (1984). There must be "a pattern of persistent conduct which is detrimental to the safety or health of the complaining spouse, or so demeaning to his or her self-respect as to be intolerable." Murphy v. Murphy, 248 Md. 455, 460, 237 A.2d 523 (1968) (emphasis added); Accord Ches, 22 Md. App. at 483, 323 A.2d 651. As the italicized language suggests, it is not necessary in every case to show that the safety or physical health of a spouse is threatened; a grave threat to a spouse's self-respect alone may be sufficient. Murphy, 248 Md. at 460, 237 A.2d 523. See also Dupree v. Dupree, 26 Md. App. 481, 487, 338 A.2d 323 (1975) (noting that there is no need to show "adverse medical effects" in every case); Liccini v. Liccini, 255 Md. 462, 470-71, 258 A.2d 198 (1969) (holding that wife's repeated allegations of homosexuality and "lack of manhood" were so demeaning to husband's self-respect as to be intolerable).

In a case involving constructive desertion, the central issue is whether the offending conduct is so intolerable that the complaining spouse was justified in leaving. Murphy, 248 Md. at 460, 237 A.2d 523. Unlike a case involving ordinary desertion, there is no need to show that the "pattern of persistent conduct" was intended to end the marital relationship. See Bryce v. Bryce, 229 Md. 16, 23-24, 181 A.2d 455 (1962) (holding that a wife's conduct amounted to constructive desertion despite her "lack of control" due to mental illness).

It is true, as Mr. Lemley suggests, that a single act of direct physical violence may not be sufficient to constitute a basis for divorce. See, e.g., Murphy, 248 Md. at 460, 237 A.2d 523. It is equally true that nagging, rudeness, and abusive language, standing alone, will generally not justify one spouse in leaving the other. Stewart v. Stewart, 256 Md. 272, 279, 260 A.2d 71 (1969) (citing Stevens v. Stevens, 183 Md. 599, 602, 39 A.2d 690 (1944)). One single straw will never break the camel's back; but the camel's back may nonetheless be broken. The chancellor must consider the totality of the circumstances, and "where a husband habitually addresses his wife in vile and profane language, and occasionally resorts to acts of physical violence, the entire course of conduct" may constitute grounds for divorce, even though the language or violence alone may not be sufficient. Scheinin v. Scheinin, 200 Md. 282, 292, 89 A.2d 609 (1952). Accord Carpenter v. Carpenter, 257 Md. 218, 225-26, 262 A.2d 564 (1970); Dupree, 26 Md. App. at 486-87, 338 A.2d 323.

Much of Mrs. Lemley's testimony was corroborated by the testimony of Jill Ladd, a social worker and psychologist who had counseled both of the Lemleys. In regard to the allegations of coerced sexual relations, Ms. Ladd explained:

[The reason why] Mrs. Lemley reported that she gave in to him in those circumstances was that she was so concerned that the children might hear him screaming at her and hear the content of their screaming, that she would rather suffer onto [sic] herself and have intercourse with him to shut him up rather than have the children hear or witness a scene.

The importance of these allegations should not be underestimated. It is well established that the practice of "abnormal" sexual relations by one spouse and a demand for their continuance is indeed "inconsistent with the health, self-respect and comfort of the other spouse," and the spouse who suffers from such demands will be justified in leaving the marital home. Soles, 248 Md. at 727, 238 A.2d 235, citing Maranto v. Maranto, 192 Md. 214, 220-21, 64 A.2d 144 (1949). See also Carpenter, 257 Md. at 220-21, 262 A.2d 564 (where conduct included requests that wife engage in prostitution and other "repulsive" sexual practices). While the petitioning spouse in Soles complained of acts that some people may not regard as "abnormal," that is beside the point. The key to understanding Soles and the line of precedent that it follows is to recognize that any coerced sexual performance must be regarded as "abnormal," regardless of the specific sexual acts involved, and a persistent demand for such relations may be so demeaning that continuance of the marital relationship becomes intolerable.

Mrs. Soles reluctantly told the trial court that her husband "gets more satisfaction from oral sex relations" than she considered normal. Soles, 248 Md. at 725, 238 A.2d 235. The Court of Appeals held that a repeated demand for her participation in those acts, standing alone, was sufficient to constitute constructive desertion. Id. at 727-28, 238 A.2d 235.

In Dupree, we placed great weight on the fact that the spouse who suffered abuse left the family home immediately after the last act of violence directed against her. 26 Md. App. at 490, 338 A.2d 323. Mr. Lemley points out that Mrs. Lemley continued to live in the family home for ten months after the injury to her wrist. Because she did, he argues, the situation cannot be described as "intolerable." In his view, Mrs. Lemley's departure was motivated by nothing more than her unhappiness with the "sluggardly pace" of the mediation, her unhappiness with the tensions in the marriage, and "her belief that [he] was going to be intransigent in the mediation."

While Mrs. Lemley's departure may have been carefully planned and did not follow closely on the heels of some precipitous event, that does not mean that the situation could or should have been tolerated. As the Court of Appeals explained in Stewart, 256 Md. at 282, 260 A.2d 71, "The fact that the wife did not leave immediately does not make the husband's conduct proper. . . ." Recent scholarship on "battered women's syndrome" has taught us that spouses often remain in intolerable situations long after another person might have left. See generally Jeanne-Marie Bates, Expert Testimony on the Battered Woman Syndrome in Maryland, 50 MD.LAW REV. 920 (1991). No spouse should be penalized for trying to make an intolerable situation work.

We must caution that our discussion of constructive desertion has relied on both the record and the factual findings of the master. While those facts may be legally sufficient to constitute constructive desertion, they do not lead mechanically to a single conclusion. Even if the chancellor finds that those facts are supported by the record, the chancellor must exercise his independent judgment to determine the correct result. Domingues, 323 Md. at 496, 593 A.2d 1133. The central issue here is whether the chancellor concurs with the master's conclusion that "it was necessary for [Mrs. Lemley] to leave the home to protect her physical and emotional health." So long as the court's reasoning and the facts underlying that reasoning are adequately stated for the record, the chancellor's independent judgment on that issue must stand unless the decision fails to conform to law or constitutes a clear abuse of discretion. Cousin v. Cousin, 97 Md. App. 506, 512, 631 A.2d 119 (1993); Robinson v. Robinson, 328 Md. 507, 513-514, 615 A.2d 1190 (1992).

II. Custody

In recommending that custody be awarded to Mrs. Lemley, the master concluded that Mr. Lemley, "while a loving father, is not the best custodian for the children." Underlying that conclusion were three broad findings of fact with regard to Mr. Lemley's conduct:

A. The master finds that throughout the separation [Mr. Lemley] has inappropriately delegated parental authority to the children, now ages 12 and 8.
B. The master also finds from the testimony that [Mr. Lemley] has interfered and damaged [Mrs. Lemley's] relationship with the minor children. . . .
C. Finally, the Master finds that [Mr. Lemley] provides an inappropriate role model for the children.

The master also found that Mrs. Lemley "is capable of providing well balanced care for the children, meeting their physical and emotional needs, and doing so without disparaging [Mr. Lemley]." Each of these broad conclusions is supported, in detail, with other facts found in the record.

In his exceptions, Mr. Lemley plainly objects to each of those findings. We think it unnecessary to set forth those objections in detail; one example should suffice. At page twelve of his exceptions, Mr. Lemley states:

The Master finds in error that Mr. Lemley delegates parental responsibility to the children.

In ruling on Mr. Lemley's exceptions to the custody order, the chancellor's order and opinion addresses only one of the four broad findings discussed above:

While there are many factors to be considered in rendering a custody decision, one of the most important is the ability of the parents to allow a child to maintain a meaningful relationship with the other parent. Unfortunately the Court does not find that this has always been the case in this matter. Again the Court has carefully reviewed the testimony and the facts adduced therefrom by the Master and feels that they are well supported by the evidence.

Although we do not think the chancellor was required to address each and every point raised by Mr. Lemley's rambling exceptions, we conclude that the chancellor's opinion fails to comport with the requirements of Bagley. The chancellor's custody award rests on four broad findings of fact, and Mr. Lemley takes exception with each of those findings. At a minimum, the chancellor was required to address each of those findings separately, and to state for the record how he resolved each challenge. Because he failed to do so, the issue of custody is remanded.

Mr. Lemley also contends that the chancellor erred by refusing to admit certain testimony at the exceptions hearing. The evidence he wished to present included testimony from three witnesses:

1) Dr. Milton Shore, a clinical psychologist who performed an evaluation of the children;
2) Dr. Robert Lazun, a court-appointed social worker who met with the children and parents weekly for many months; and
3) Michele Glen, "an individual who knows the Lemley family."

He also requested that the chancellor conduct an interview with the children.

Mr. Lemley broadly suggests that the chancellor's refusal to hear additional evidence was somehow "constitutionally wrong, Md. Rules S72A(f)(1)(A) and 2-541(i) to the contrary notwithstanding." His only authority for that proposition is Stach v. Stach, 83 Md. App. 36, 573 A.2d 409 (1990). In Stach, a standing master recommended that temporary physical custody be awarded to one spouse, and an order was immediately entered, despite the fact that timely exceptions had been filed. 83 Md. App. at 39, 573 A.2d 409. The appellant contended that the order was unconstitutional "because it improperly vests the judicial power and function in a master." Id. at 38, 573 A.2d 409. While we held that the order was improper, our ruling was based solely on issues of statutory construction. Id. at 40-41, 573 A.2d 409. Indeed, we acknowledged that an immediate order would be proper under different circumstances. Id. at 43, 573 A.2d 409, citing Magness v. Magness, 79 Md. App. 668, 558 A.2d 807 (1989).

The gist of Mr. Lemley's argument is that the chancellor's refusal to hear additional evidence somehow vests the master with the court's judicial authority. See Ellis, 19 Md. App. at 365, 311 A.2d 428 (concluding that a master may not usurp the "ultimate role" of the judge). We find no merit in that argument. The master, in her ministerial capacity, was plainly authorized to hear testimony and make findings of fact. MARYLAND RULE S74A; See Rand v. Rand, 33 Md. App. 527, 531-34, 365 A.2d 586 (1976), vacated on other grounds, 280 Md. 508, 374 A.2d 900 (1977) (discussing historic role of master in chancery with regard to fact-finding). The chancellor had broad authority to accept those findings (provided that they were not clearly erroneous), or conduct a de novo hearing. Best v. Best, 93 Md. App. 644, 654, 613 A.2d 1043. The constitution requires only that Mr. Lemley be afforded due process of law, including an opportunity to present his evidence during a hearing appropriate to the nature of the case. Md. Dept. of Human Resources v. Bo Peep Day Nursery, 317 Md. 573, 597, 565 A.2d 1015, cert. denied, 494 U.S. 1067, 110 S.Ct. 1784, 108 L.Ed.2d 786 (1990). See also Mullane v. Central Hanover Bank Trust Co., 339 U.S. 306, 313, 70 S.Ct 652, 657, 94 L.Ed. 865 (1950). He had that opportunity during five days of hearings in front of the master.

While the receipt of additional evidence is clearly authorized by Rule 2-541(i), there is simply no per se right to present additional evidence at an exceptions hearing. Rand, 33 Md. App. at 533, 365 A.2d 586 (citing Bris Realty v. Phoenix Savings and Loan Assn., 238 Md. 84, 88, 208 A.2d 68 (1965)). As we explained in Best, the chancellor has broad discretion to rely on the record or conduct a de novo hearing. Best, 93 Md. App. at 654, 613 A.2d 1043. The chancellor's refusal to hear additional evidence will not be disturbed unless the chancellor was clearly wrong or abused his discretion.

Rule 2-541(i) states that the exceptions shall be decided on the evidence presented to the master unless:

(1) the excepting party sets forth with particularity the additional evidence to be offered and the reasons why the evidence was not offered before the master, and (2) the court determines that the additional evidence should be considered.

During the merits hearing, Dr. Shore's testimony was properly excluded after he stated that the use of his testimony would damage his relationship with the boys. Dr. Lazun testified twice during the hearing, and his second appearance consumes thirty pages of transcript. Other than a brief reference to Stewart's most recent report cards, there is nothing to indicate that Dr. Lazun would have been called upon to provide new evidence. Similarly, Mr. Lemley has failed to indicate why Michele Glen was not available during the merits hearing. While the preference of the children is a factor that may be considered in making a custody order, the court is not required to speak with the children. Levitt v. Levitt, 79 Md. App. 394, 403, 556 A.2d 1162 cert. denied, 316 Md. 549, 560 A.2d 1118 (1989).

Although the master spoke to the children in this case, the parties waived their right to have the interview recorded. The master stated that the interview was not considered in arriving at her findings and recommendations, and the chancellor concluded that the requirements of Marshall v. Stefanides, 17 Md. App. 364, 302 A.2d 682 (1973) were satisfied.
During the merits hearing, the court-appointed attorney for the children opined that an interview with the children would be only "marginally beneficial" because there had been "a certain amount of influencing." The statements of the children, he concluded,
"are a little too close to some of the things their father has said on the record at various stages in this case for me to believe honestly that every word that comes out of their mouth is the product of independent thought."

In the final pages of his exceptions, Mr. Lemley argues that he was prejudiced during the merits hearing because his attorney failed to prepare adequately for trial and did not effectively present Mr. Lemley's case. While we appreciate Mr. Lemley's asserted difficulties, we have carefully reviewed the transcript from those hearings and conclude that the chancellor did not abuse his discretion in refusing to hear additional evidence.

III. Child Support

As we noted earlier, Mr. Lemley's sole source of income was a tax-free disability pension of approximately $1,961 per month. In calculating Mr. Lemley's child support obligation under the guidelines, the master used a figure of $2,500 per month. During the merits hearing, Mr. Lemley's attorney explained the difference as follows:

Mr. Lemley has a disability payment that he receives of approximately $23,500.00 a year tax-free, and since we know it is the custom of the Court to bump up that number to reflect the taxes that he would have to pay, we had an accountant run some computations, and were he paying taxes on his income and Social Security and all the rest, his income would be $30,000 a year or $2500.00 a month.

Thus, the parties stipulated that Mr. Lemley's income was $2,500 per month, and the court's award was based on that figure. Mr. Lemley now contends that the court erred by inflating his income, and we concur.

The parties agree that the challenged practice is the customary procedure in Montgomery County. The record shows that when Mr. Lemley's petition for pendente lite support was heard before a different master, the same procedure was followed. In her recommendations with regard to the pendente lite petition, Master Rita R. Rosencrantz stated: "The plaintiff has disability income of $1,961.00 per month which is tax-free; `grossed-up' his income is $2,812.00 per month. . . ."

Mrs. Lemley contends that the issue is not properly before the court because Mr. Lemley waived it. We do not agree. At page 20, Mr. Lemley's exceptions plainly state: "The master utilizes an incorrect figure for the retirement disability income which is actually only $1961 per month." The chancellor's ruling on Mr. Lemley's exceptions does not address the issue at all, except to state that the judgment of absolute divorce signed June 21, 1993 "is hereby affirmed in its entirety."

Mrs. Lemley further contends that Mr. Lemley waived this exception because he did not object to the argument of her counsel during the exceptions hearing (notwithstanding the fact that Mr. Lemley's counsel argued first and was given no time for rebuttal). There is simply no merit to Mrs. Lemley's argument: in the absence of an express waiver the exception must stand, and the chancellor should have addressed it when he issued his ruling.

We must also reject Mrs. Lemley's assertion that Mr. Lemley's stipulation to the figure used by the court was binding and conclusive. We addressed a similar question in Shrivastava v. Mates, 93 Md. App. 320, 330-31, 612 A.2d 313 (1992), where we held that the amount of a spouse's child support obligation could not be governed by an otherwise valid separation agreement. The relevant statute clearly states that the amount of support calculated under the guidelines is the correct amount unless application of the guidelines would be unjust or inappropriate in a particular case. Tannehill v. Tannehill, 88 Md. App. 4, 15, 591 A.2d 888 (1991). MD. CODE ANN., FAMILY LAW, § 12-202(a)(2) (1991 Repl. Vol.). Except for cases in which the court finds a parent to be "voluntarily impoverished," FL, § 12-201(b), the guidelines do not permit the use of any figures other than the "actual income" of each parent as defined at FL, § 12-201(c). In short, the income of each parent must be determined by the court in accord with the guidelines, and the parties may not stipulate to a figure that is contrary to the law or the evidence. See Shrivastava, 93 Md. App. at 330, 612 A.2d 313 (holding that contractual expectations of the parties must give way to the statutory scheme).

The cardinal rule of statutory interpretation requires that we give effect to the legislative purpose or policy. Privette v. State, 320 Md. 738, 744-45, 580 A.2d 188 (1990); Tracey v. Tracey, 328 Md. 380, 388, 614 A.2d 590 (1992). While the language of the statute itself is the primary guide to legislative intent, Tracey, 328 Md. at 388, 614 A.2d 590, we must also consider the legislative history, as well as the prior state of the law and the "particular evil, abuse or defect" that the statute was designed to correct. Dept. of Tidewater Fisheries v. Sollers, 201 Md. 603, 611, 95 A.2d 306 (1953).

In Voishan v. Palma, 327 Md. 318, 609 A.2d 319 (1992), Judge Chasanow described the history of the child support guidelines in some detail. The guidelines were adopted to satisfy a federal mandate that determination of a parent's support obligation be based on "specific descriptive and numeric criteria." Id. at 322, 609 A.2d 319. The premise of the guidelines is that the goals of equity and consistency in child support awards are best served by stripping the court of most discretion, thereby reducing the decision to a purely mathematical exercise in which support obligations and related expenses are allocated between the parents in proportion to their "actual income." Id. at 322-23, 609 A.2d 319. See also Tannehill, 88 Md. App. at 11, 591 A.2d 888 (discussing purposes of child support guidelines).

The history of the guidelines and the detail in which they were drafted lead us to conclude that the trial court had no discretion to "adjust" the actual income of a spouse except as expressly provided by the statute. Because the chancellor did not conclude that Mr. Lemley was "voluntarily impoverished," the court was required to use Mr. Lemley's "actual income" as defined in FL, § 12-201(c). The statutory definition encompasses more than a dozen types of "income," including pensions, FL, § 12-201(c)(3)(vi), and "disability insurance benefits." FL, § 12-201(c)(3)(xiii). The total income from those sources may be adjusted in one of two ways. The court has limited discretion to make adjustments in "actual income" based on year-to-year fluctuations. See FL, § 12-203(b) (requiring that actual income be verified through tax returns from the preceding three to five years). Having determined the "actual income" of a parent, the court must then calculate the "adjusted actual income" by deducting alimony, health insurance coverage for the children, and the cost of preexisting child support obligations actually paid. FL, § 12-201(d). There is nothing in the statute that expressly authorizes the upward adjustment of tax-free income.

In choosing between competing interpretations of a statute, we may consider the consequences that would flow from each meaning and should adopt a construction that avoids an unreasonable result. ANA Towing v. Prince George's County, 314 Md. 711, 715, 552 A.2d 1295 (1989). Because the legislature plainly intended that the guidelines be applied consistently throughout the state, we cannot conclude that Montgomery County has the discretion to "gross-up" tax-free income. Reaching that conclusion would invariably lead to different practices in each county, and some counties may choose to make no adjustments at all. Thus, we confront a difficult choice: if we conclude that the court was required to "gross-up" Mr. Lemley's tax-free income, our decision today would be the first of many. Future litigants would ask us to decide, inter alia, whether the calculations were properly done in a given case, or whether the income from tax-free municipal bonds should be handled in the same manner as a tax-free disability pension. There is nothing in the statute to guide us on those issues. We believe that such decisions are beyond the province of this Court.

The problem is illustrated by our recent decision in Reuter v. Reuter, 102 Md. App. 212, 649 A.2d 24 (1994). Mrs. Reuter testified that she had $1,445 in tax-free income during 1992. The case was heard in the Circuit Court for Anne Arundel County, and there is nothing in the record to indicate that Mrs. Reuter's tax-free income was adjusted in any way.

By "grossing-up" Mr. Lemley's tax-free pension, the Circuit Court of Montgomery County undoubtedly intended to place him on equal footing with the many parents who pay taxes on their income. In a broad sense, that strikes us as a reasonable approach. The devil, of course, is in the details, and wrestling with those details is a job best left to the legislature rather than the courts. The award of child support is reversed and remanded for an award based on the actual dollar amount of Mr. Lemley's disability pension.

IV. Nonmarital Property

The parties began their married life in a home on Whitmore Terrace. Mr. Lemley was sole owner of that property, and he contends that the value of his equity was $35,000 at the time of the marriage. During the marriage the parties jointly maintained and improved the property. Some years later they purchased a second home on Sansbury Court, and the first house was sold. While it is undisputed that "part of" Mr. Lemley's equity was used to acquire the Sansbury Court residence, the master concluded that the second house was entirely marital property. The master's report explained:

The purchase price on Sansbury Court was $102,000, and they took out a $81,600 first mortgage and a $23,000 bridge loan to cover the purchase price and closing costs. The Whitmore Terrace property then sold for $64,000. The plaintiff testified that "part of" the Whitmore Terrace money then went into the Sansbury Court property as the parties paid off their bridge loan. At the time the Whitmore property was sold, clearly some of the proceeds were marital property and some were not. As the proceeds from Whitmore Terrace were mixed, i.e., marital and nonmarital, and these funds were comingled [sic] and then part of them placed in the Sansbury Court residence, it is impossible to trace nonmarital funds into the Sansbury Court residence with the specificity required by Maryland law.

At no point in his exceptions or his brief does Mr. Lemley specifically dispute that conclusion or the facts on which it is founded. Instead, his brief challenges the chancellor's decision to deny any monetary award. Procedurally, he argues that the chancellor erred by failing to explain the basis for his ruling. Substantively, he argues that his "possession and ownership of a valuable pre-marital asset" should have been considered in the process of determining the marital award.

We have searched in vain through Mr. Lemley's thirty-three page statement of exceptions for some express objection to the master's recommendation that a monetary award be denied. Instead, Mr. Lemley asserted that "[t]he Master did err in handling the antenuptial agreement." The agreement states that any assets accumulated prior to the marriage, including the Whitmore Terrace house, "shall remain forever the property and asset of the owner. . . ." The master concluded that the agreement was invalid:

In the factual situation here, there was no independent legal advice. The defendant [Mrs. Lemley], 21 years old, was presented with the agreement the day before the scheduled wedding. The agreement does not pass the first test of being fair in procurement, and cannot govern the parties' rights in this matter.

In his exceptions, Mr. Lemley does not challenge the master's fact-finding; rather, he contends that the agreement is binding notwithstanding the circumstances under which it was signed. Arguably, his concern with the effect of the antenuptial agreement could be read as an objection to the master's conclusion that Sansbury Court was marital property. It could also be read as an assertion regarding the ownership of the marital home — a completely separate question. See Kline v. Kline, 85 Md. App. 28, 42-43, 581 A.2d 1300 (1990), cert. denied, 322 Md. 240, 587 A.2d 246 (1991).

We could wrestle for many pages about the effect of Mr. Lemley's exceptions and those aspects of this issue that have or have not been waived. We think it is unnecessary to do so. Regardless of whether Mr. Lemley properly took exception to the chancellor's denial of a monetary award, the chancellor failed to state adequately the basis for his decision as required by MARYLAND RULE 2-522(a).

The amount of any monetary award must be determined by the court after considering a list of statutory factors set forth in MD. CODE ANN., FAMILY LAW, § 8-205(b) (1991 Repl. Vol.). In ruling on Mr. Lemley's exceptions, the chancellor did not specifically address the order denying any monetary award; the chancellor simply stated that his June 21, 1993 judgment of divorce was affirmed. The judgment of divorce states only that a monetary award is denied. The master's report, in turn, simply recommends that no monetary award be made. Neither the master's report, the judgment of divorce, nor the ruling on Mr. Lemley's exceptions state the basis for the court's denial of a monetary award. There is nothing in the record to show that the required factors were considered by either the chancellor or the master at any point in these proceedings.

The chancellor was required to articulate "a brief statement of the reasons" for his decision to deny a monetary award. MD.RULE 2-522(a), Kirchner, 326 Md. at 572, 606 A.2d 257. At a minimum, the chancellor must state for the record that the required factors were considered. Imagnu v. Wodajo, 85 Md. App. 208, 221, 582 A.2d 590 (1990), citing Randolph v. Randolph, 67 Md. App. 577, 508 A.2d 996 (1986). We have also stated that

[a] chancellor is not required to articulate every step in his thought processes. A judge is presumed to know the law and to properly apply it. That presumption is not rebutted by mere silence.
Bangs v. Bangs, 59 Md. App. 350, 370, 475 A.2d 1214 (1984).

As Judge Bloom noted in Kline, 85 Md. App. at 35, 581 A.2d 1300, certain provisions of the Marital Property Act (the Act) "continue to baffle and confuse bench and bar alike." There is nothing in the record to show that Mr. Lemley's contribution to the Sansbury Court home was addressed when the chancellor denied Mr. Lemley's request for a monetary award. In light of the complexity of the issue, we are unwilling to presume that the chancellor properly considered those contributions. The order denying any monetary award is, therefore, vacated and remanded for a full reconsideration of the issue.

In layman's terms, Mr. Lemley's complaint is poignant and simple. He began the marriage relationship with a valuable asset. He never intended to give it away, but now it is gone. He would like to have it returned, with appropriate regard for the increased value of that asset over the past nineteen years. Unfortunately, the court's power to fashion a remedy for that complaint is limited by the terms of the Act, FL, § 8-201 et. seq.

Mr. Lemley's premarital interest in the Whitmore Terrace home included both a legal interest (his equity) and a contingent equitable right to have that legal interest treated as nonmarital property in the event that the parties divorced. See Watson v. Watson, 77 Md. App. 622, 636, 551 A.2d 505 (1989). Notwithstanding the master's conclusion that the Sansbury Court house was marital property, it is indisputable that some of Mr. Lemley's premarital assets were contributed to the purchase of that house. As we explained in Kline, Mr. Lemley is not "entitled" to the return of those assets. The court, when it grants a divorce, is expressly forbidden to transfer ownership of property, real or personal, from one spouse to another. Watson, 77 Md. App. at 631-32, 551 A.2d 505; Nisos v. Nisos, 60 Md. App. 368, 380-81, 483 A.2d 97 (1984); FL, § 8-202(a)(3). The Sansbury Court residence is titled as tenants by the entirety, and the chancellor is powerless to alter that title. Under the circumstances, Mr. Lemley's sole remedy is to have his contributions to the Sansbury Court property considered by the court when it determines the amount, if any, of a monetary award. Kline, 85 Md. App. at 44, 581 A.2d 1300. On remand, there are several issues that we think the chancellor must address.

The character of the Sansbury Court residence . — In light of Mr. Lemley's exceptions, the chancellor must first determine whether the Sansbury Court residence was entirely marital property for the purposes of the Act. The master concluded that nonmarital funds could not be traced to the Sansbury Court residence "with the specificity required by Maryland law." The factual findings underlying that conclusion may be reviewed under a clearly erroneous standard. The conclusion itself may not. See Domingues, 323 Md. at 493-496, 593 A.2d 1133 (discussing the distinction between those conclusions which are and are not entitled to deference). The chancellor is required to exercise his independent judgment, and to state the basis of his decision for the record. Kirchner, 326 Md. at 572-73, 606 A.2d 257.

The nature of Mr. Lemley's contribution to the marital home . — Even if the chancellor concludes that the Sansbury Court house was entirely marital property, he must nonetheless consider "how and when specific marital property . . . was acquired, including the effort expended by each party. . . ." FL, § 8-205(b)(8). In Alston v. Alston, 331 Md. 496, 507, 629 A.2d 70 (1993), the Court of Appeals concluded that this eighth factor should be given "considerable weight" in determining the amount of any monetary award.

The Sansbury Court residence was titled as tenants by the entirety. With regard to the ownership of the property, the title creates a rebuttable presumption that Mr. Lemley intended to make a gift of his Whitmore Terrace home. Grant v. Zich, 300 Md. 256, 270, 477 A.2d 1163 (1984). But see Dorsey v. Dorsey, 302 Md. 312, 318, 487 A.2d 1181 (1985) (holding that the presumption does not exist with regard to the separate issue of determining whether the property was marital property). The terms of the antenuptial agreement are strong evidence that Mr. Lemley had no such intentions, even if the agreement was not binding between the parties. If the chancellor concludes that Mr. Lemley intended to make a gift, then "[t]he fact of the gift, the value of the property given and the circumstances under which the gift" was made are "important factors" to be considered in determining whether to grant a monetary award. Kline, 85 Md. App. at 44, 581 A.2d 1300. If the chancellor concludes that Mr. Lemley did not intend to make a gift, that fact is entitled to even greater weight.

The result in Grant v. Zich and its progeny has been altered by a recent amendment to the Marital Property Act. See FL, § 8-201(e)(2) and 8-205(b)(9). The amendment does not apply to any action filed prior to October 1, 1994.

Notwithstanding the complexity of the Marital Property Act, it often produces results that comport with common sense. In his brief, Mr. Lemley concludes that "[c]ertainly possession and ownership of a valuable premarital asset by one party to a case should at least be considered in the third step of the process of determining the marital award." Under the circumstances of this case, that is entirely correct. We must caution, however, that the manner in which the marital home was acquired is but one of the factors to be considered. The chancellor must also consider, inter alia, the contributions of each spouse to the well-being of the family and the circumstances which led to the estrangement of the parties. FL, § 8-205(b). The statute gives the chancellor broad discretion to reach a decision that is fair and equitable under the circumstances. FL, § 8-205(b)(10). See, e.g., Merriken v. Merriken, 87 Md. App. 522, 532-33, 590 A.2d 566 (1991). Unless the chancellor abuses that discretion or makes a ruling contrary to law, the chancellor's decision must stand on any subsequent appeal. Rock v. Rock, 86 Md. App. 598, 607, 587 A.2d 1133 (1991).

V. Contribution

In July of 1992, the court issued a pendente lite order awarding Mr. Lemley $948 per month in child support. In September, Mrs. Lemley filed a pleading titled "Emergency Ex-parte Motion for Child Support to Mortgage Lender." The pleading explained that:

. . . [Mr. Lemley] has been responsible for and has been making the monthly mortgage payments of $921.00 on the family home until May, 1992. Since that time, however, [Mrs. Lemley] has continued to make timely child support payments through September, of 1992, but [Mr. Lemley] has failed and refused to make any mortgage payments.

Mrs. Lemley alleged that the mortgage was four months in arrears, and the lender had threatened to foreclose on the property.

The motion was granted by an order dated September 15, 1993. Under the order, Mrs. Lemley continued to make her support payments to the county's Child Support Enforcement Division. The Division, in turn, was ordered to pay Mr. Lemley with two checks. The larger check, for $933.00, was issued jointly to Mr. Lemley and the mortgage lender. As a result, Mrs. Lemley's child support payments were used almost entirely to pay the mortgage, and Mr. Lemley received only $15 per month.

In his amended supplemental complaint for limited divorce, Mr. Lemley requested contribution toward the mortgage. That request was effectively denied when the court denied his request for a monetary award. Mr. Lemley argues that "[e]ither the pendente lite Order by which the mortgage payments were directed was erroneous, or the denial of any contribution was wrong. Both of these matters could have been addressed by a marital award." While Mrs. Lemley now contends that the issue of contribution was not raised in the exceptions, her response to those exceptions specifically addressed contribution, and we are satisfied that the issue is properly before us.

According to Mr. Lemley, contribution is required because the mortgage payments were made with nonmarital funds, which could otherwise be used for the support of the children. See Broseus v. Broseus, 82 Md. App. 183, 208, 570 A.2d 874 (1990) (Alpert, J., concurring) (noting that contribution is required when mortgage payments are made with nonmarital funds). Mr. Lemley is mistaken. Notwithstanding the child support order, the mortgage was paid from the joint income of the Lemleys. Because the parties were married when the payments were made, they were made from marital funds and contribution is not mandated. Broseus, 82 Md. App. at 191-92, 570 A.2d 874; Prahinski v. Prahinski, 75 Md. App. 113, 141, 540 A.2d 833 (1988); Wassif v. Wassif, 77 Md. App. 750, 766, 551 A.2d 935, cert. denied, 315 Md. 692, 556 A.2d 674 (1989). Neither the child support order nor the mechanics of how the payments were made can alter that result.

The issue of contribution between tenants by the entirety is within the sound discretion of the trial court, Broseus, 82 Md. App. at 192, 570 A.2d 874, and we find no abuse of that discretion.

VI. Alimony

With regard to Mr. Lemley's petition for alimony, the report of the master states:

The Master finds that the plaintiff is capable of being entirely self-supporting and, therefore, recommends that the plaintiff's request for alimony be denied.

In his statement of exceptions, Mr. Lemley responds:

The Master did err in denying plaintiff's request for alimony. Much financial damage has been done to the plaintiff and in all fairness some assistance should be forthcoming. It is hereby requested, that Mrs. Lemley contribute to Mr. Lemley an alimony payment of $400 per month to assist Mr. Lemley in the repair of his credit rating which had been excellent prior to litigation and also allow Mr. Lemley to prepare himself for proper employment, and to assist him in obtaining safe and satisfactory transportation for the family.

Because Mr. Lemley has failed to challenge the master's fact-finding, our decision in Bagley does not apply. The court's decision to deny alimony must stand unless it fails to conform to law or constitutes a clear abuse of discretion. Brodak v. Brodak, 294 Md. 10, 28-29, 447 A.2d 847 (1982).

The master's unchallenged finding that Mr. Lemley was entirely self-supporting must dictate the result in this case. As we explained in Hull v. Hull, 83 Md. App. 218, 220-21, 574 A.2d 20, cert. denied, 321 Md. 67, 580 A.2d 1077 (1990), an award of temporary or "rehabilitative" alimony may not be made unless the recipient spouse is not self-supporting. Indefinite alimony may sometimes be awarded to a self-supporting spouse, but only if "the respective living standards of the parties will be unconscionably disparate." FL, § 11-106(c)(2). Tracey, 328 Md. at 392-93, 614 A.2d 590. The conclusion that Mr. Lemley was self-supporting was not clearly erroneous. Mr. Lemley does not contend that an unconscionable disparity would exist, nor would the record support such a finding. As a matter of law, no alimony could be awarded on these facts. Hull, 83 Md. App. at 221, 574 A.2d 20.

JUDGMENT OF THE CIRCUIT COURT WITH REGARD TO ABSOLUTE DIVORCE, CUSTODY AND A MONETARY AWARD VACATED AND REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.

JUDGMENT WITH REGARD TO CHILD SUPPORT REVERSED AND REMANDED FOR AN AWARD CONSISTENT WITH THIS OPINION.

JUDGMENT AFFIRMED IN ALL OTHER RESPECTS. COSTS TO BE PAID ONE HALF BY APPELLANT AND ONE HALF BY APPELLEE.

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LEMLEY v. LEMLEY
(Dec 27, 1994)