For individuals with a current or imminent child support case in Maryland, determining the financial obligations or expectations is often a primary concern. While Maryland has established comprehensive child support guidelines, the calculation process is rarely straightforward. Multiple factors, including parental income, custody arrangements, and unique circumstances, contribute to the complexity of each case.
This is further amplified in high-asset divorces or intricate custody disputes. A thorough understanding of Maryland’s child support system is the first step for effectively preparing for the financial implications and potential outcomes of your case.
What Is Child Support?
Child support is court-ordered payments from one parent to the other to help cover the costs of raising a child when the parents are not together. The goal is to ensure children continue to maintain quality of life through financial support from both parents.
Maryland courts follow the Maryland Child Support Guidelines to establish child support. These guidelines provide a formula for calculating child support payments, but they do not always account for the complexities of individual cases. For example, determining child support is more complicated if one parent owns a business, has fluctuating income, or high-value assets.
Important Factors That Determine Child Support in Maryland
While the Maryland Child Support Guidelines are the foundation for establishing child support obligations, no two cases are exactly alike. Several factors influence the final amount a parent may be required to pay. These factors include:
Parental Income
The primary factor in determining child support is the parents’ incomes. This includes:
- Salaries and wages
- Bonuses and commissions
- Self-employment income
- Investment earnings
- Social Security or disability benefits
For parents with fluctuating or complex income streams, such as business owners or those with high-value assets, courts may take an average of past earnings or require additional financial disclosures.
The Custody Arrangements
How much time a child spends with each parent directly affects child support. Maryland recognizes two main types of custody:
- Sole Custody – One parent has primary physical custody, meaning the child lives with them most of the time. In this case, the non-custodial parent typically pays child support.
- Shared Custody – If a child spends at least 35% of overnight stays with each parent (at least 128 nights per year), the child support formula adjusts to reflect both parents’ financial contributions.
Number of Children
Generally, the more children a couple has, the higher the total child support obligation. However, Maryland’s guidelines adjust the cost per child to ensure that the payments remain reasonable.
For example, the guidelines may require a parent to pay $800/per month for one child. But if they have two children, the total payment does not simply double to $1600. Instead, it may increase to only $1300.
This structure ensures that while each child receives adequate financial support, the paying parent does not face an unrealistic financial burden that could impact their ability to maintain a stable household.
Additional Expenses
Child support is not just about a child’s basic needs, it also considers extra costs, including:
Health insurance premiums- Medical expenses not covered by insurance
- Childcare and daycare costs (if necessary for a parent to work)
- Private school tuition or extracurricular activities (in some cases)
Courts typically divide these expenses between the parents based on their incomes.
Special Circumstances and Deviations from the Guidelines
In certain situations, a judge may adjust the standard child support calculation based on exceptional circumstances, such as:
- A parent’s financial hardship (i.e., disability or loss of income)
- A child’s special medical or educational needs
- A parent’s voluntary unemployment or underemployment (if they are intentionally avoiding child support obligations)
If a parent believes the standard calculation does not fairly reflect their situation, they may petition the court to set an amount based on circumstances. However, they must provide strong evidence to justify the adjustment.
How to Address Child Support Concerns in Maryland
Even after a court has established child support, financial circumstances can change. Whether a parent needs to modify payments or help enforcing an existing order, Maryland law provides legal pathways to address these concerns.
Modifying Child Support Payments
If either parent experiences a significant change in circumstances, they can request a modification of child support payments by petitioning the court. Circumstances for modification include:
- Loss of income due to job loss or medical disability
- A substantial increase in income for either parent
- A change in the custody arrangements (e.g., the child now spends more time with the other parent)
- Increased expenses for the child, such as medical needs or educational costs
To request a modification, a parent must file a motion to modify child support with the court and provide documentation supporting their claim. The court will then review the request and determine whether an adjustment is warranted.
Enforcing Child Support Orders
Parents need to understand that court-ordered child support is not optional, but a legal obligation. If a parent fails to pay, they could face serious consequences, including wage garnishment, suspension of their driver’s license, or even legal action. Some parents have even faced jail time for non-payment. Whether you are struggling to collect support or worried about enforcement actions against you, it is necessary to address it before the situation worsens.
What to Do If You’re Struggling to Pay
If you are the parent responsible for child support but are struggling to keep up with the payments, it is important to act before falling behind. Ignoring the issue can lead to serious legal consequences. Instead, a parent should consult with a trusted Maryland family law attorney who can help do the following:
Contact the court immediately to discuss a potential modification.- Gather records of their income, expenses, and any hardships affecting their ability to pay.
- Consider mediation to negotiate an agreement with the other parent before going to court.
Courts understand financial hardships happen, but parents must follow the proper legal process to request a modification. Simply stopping child support payments without approval can result in severe penalties.
Get the Right Legal Guidance for Your Child Support Case
Every missed child support payment and every delayed action can have a lasting impact on your finances and, most importantly, on your child. Whether you are fighting for a fair child support order or need to modify an existing one, now is the time to take action.
Do not wait until a simple issue turns into a huge legal dispute. Contact Milstein Siegel today for the guidance you need to protect your rights and secure your child’s future.
