Maryland Child Support Information

In 1990, Maryland instituted guidelines for child support.  There is a formula used for child support calculator, which will assist you in determining the amount of child support you may receive or be required to pay on a monthly basis.  Occasionally, a Maryland court may deviate from the recommended amount however; there is a rebuttable presumption that the amount of child support, resulting from these guidelines should be the correct amount of support.  While this is estimation, it is best to consult with an attorney to receive further assistance.  There are two separate worksheets, one for sole custody and one for shared custody.            

In the country we live in, courts have no jurisdiction over support of a child or children, however, when the two parents decide to separate the courts get involved.  The support the non-custodial parent must pay can be decided between the two parents or by going to court and having the court decide.  The parents can agree to an amount, which of course will save the financial and emotional stress of taking the case before a judge or master.  However, if neither party can agree on an amount then the case will go before a judge or master and based upon testimony of both parents, the judge will make a decision.  This decision may be incorporated into the marital separation agreement and become part of the alimony agreement.            

The non-custodial parent will be required to pay the custodial parent in monthly payments.  The payments will be paid directly to the custodial parent and NOT to the child(ren).  Some non-custodial parents may resent this and sometimes refuse to pay the custodial parent.  They see this often as a form of alimony.  However, Maryland courts are very specific that the payments are to be used to pay for the vital needs of the children, such as clothing, housing and food.  The court is the only one who has the authority to change the amount.  The amount is not set in stone and if circumstances change either party may request a change in order.  The support will usually end when the child reached the majority age (18 in Maryland),            

The calculation is based on several different factors necessary to raise the child and provide food, shelter, clothing and medical needs.  The court will look at and evaluate the needs of the children, for example, if they have any type of disability, which may require a higher amount of support.  Older children often will require a higher amount of support as opposed to younger children or infants.  However, with the increasing amount of two working parents, daycare costs may raise the level of support.             

When calculating the ability of the non-custodial parent to pay, the court does not take into account bill and debts of the non-custodial such as credit cards, automobile payments, etc.  They will look at all income to the non-custodial.  While the court usually does not take into account the income of a new spouse if the non-custodial decides to remarry, there are circumstances where the court will consider their income.  If the paying parent claims they are unable to pay because of debt, have left a job voluntarily in order to avoid child support payments or if the paying parent is thought to be hiding assets.  While the non-custodial parent has an obligation to provide the child, support the custodial parent also has a duty to support the child.  As with the non-custodial parent, the court may also take into consideration the earnings of the custodial parent’s spouse when determining child support levels.  The court will take into consideration necessities of life such as food and shelter; however, the court frowns upon and will not tolerate expenses such as fancy automobiles, recreational activities, etc.            

While the parents may agree to an amount of support between the two of them, it is incumbent upon the judge to make sure the amount is fair.  The award should not be less than the guideline amount unless the judge is convinced that the award is in the best interest of the child.  The court believes that the child is entitled to receive the same proportion of parental income and enjoy the same standard of living that the child would have experienced if the parents had not separated.            

Divorce is a highly emotional and financial stress on both parents.  It is best to contact a legal expert experienced in family law to assist you in this matter to make sure your child receives the best care and financial support.

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