Maryland Child Support Guidelines

Skilled Child Support Attorney for Clients in Columbia, Maryland

When parents get divorced, the non-custodial parent will usually be required to pay child support to ensure that the child has access to adequate financial resources as they grow up. This is a serious responsibility, and if you have been ordered to pay child support, it is important that you understand how these payments are calculated.

At DM Family Law, we can address any questions you may have about your child support responsibilities. As a solo practitioner with more than 20 years of experience, Attorney David Marquardt will devote all his attention and resources to helping you resolve your family law concerns.

Calculating Your Child Support Obligations in Maryland

There is no "one size fits all" solution for child support that can meet the needs of every family. Instead, the state's guidelines calculate child support obligations using a fraction of each parent's gross income.

First, the courts will look at each parent's actual monthly income, which typically consists of wages or salaries. However, it can also account for various benefits like Social Security payments or alimony. Notably, actual monthly income does not include food stamps or payments from means-tested public assistance.

Then, the courts will account for each parent's adjusted actual income, which takes into account pre-existing financial obligations like alimony or another child support order. After adding up both parents' adjusted actual income, the courts will tally the costs of health insurance, medical expenses, and daycare, the courts will calculate the total child support obligation. The non-custodial parent will then have to pay for a percentage of that amount.

When Do Child Support Guidelines Not Apply?

If both parents' combined income exceeds $30,000 per month, the courts do not have to adhere to the standard child support formula. In these cases, the judge has the discretion to decide how much child support is appropriate.

Can I Avoid Paying Child Support?

The court may decline to order child support if you live with your child and are actively contributing to their needs. However, keep in mind that even if you share 50/50 custody with your co-parent, you might still be ordered to pay child support.

There are other exceptional circumstances in which the courts may decline to call for child support. The non-custodial parent must be unemployed and lack the financial resources to pay for support. One of the following must also be true:

  • The parent is currently or will be incarcerated for the rest of the time they will be responsible for child support
  • The parent is currently institutionalized and will remain institutionalized for the rest of the time they will be responsible for child support
  • The parent is permanently and totally disabled and cannot maintain employment, with no other source of income outside of SSI and SSDI benefits
  • The parent cannot obtain or maintain employment for the "foreseeable future" as a result of their detainment, rehab, or hospitalization

Can a Prenuptial or Postnuptial Agreement Affect Child Support?

A prenuptial or postnuptial agreement in Maryland cannot include any terms about child support. You should also know that parents cannot waive the responsibility of child support. The court always adheres to the child's best interests, so an agreement between parents cannot override a child's right to financial support.

Contact a Columbia, MD Child Support Lawyer

Child support is a serious responsibility for parents who do not live in the same household. If you have any questions about Maryland's child support laws, do not hesitate to reach out to our firm today. Call us at 443-545-8100 or reach out to our Columbia, Maryland child support attorney to schedule a free initial consultation today.

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