Southern Maryland Child Support Lawyers

In Maryland (as in most states), the general rule is that the parent with primary physical custody receives child support from the other parent following a divorce or separation. If the parents share physical custody, then the higher-earning parent will typically pay child support.

However, there is far more that goes into arriving at an accurate child support calculation. From custody rights to child-related expenses, there are numerous factors that must be considered when calculating child support in Maryland.

As you begin thinking about child support, there are a few fundamental principles to keep in mind. 

Obligation to Support Children

Both parents are required to help financially support their children. Even if you are not ordered to pay child support (i.e. you receive child support as a result of your separation or divorce), you still have a legal obligation to contribute to meeting your children’s financial needs.

Purpose of Child Support 

The purpose of child support payments is not for parents to cover their own expenses. During a separation or divorce, the calculation of child support is based on the children’s needs and the parents’ respective abilities to pay. If you need additional financial support, you will need to seek an alimony award in addition to an award of child support.

Custody Affects Support Obligations

Due to the heavy impact of child custody rights on child support payment obligations, it will be necessary to address custody prior to (or concurrently with) calculating child support.

Maryland Child Support Guidelines

The Maryland Child Support Guidelines (the Guidelines) form the basis for all support calculations in Maryland. As you move forward, it will be important to have a clear understanding of how the Guidelines apply to your family and financial circumstances.

Under the Maryland Child Support Guidelines, there are several factors that must be considered when calculating a child support award. The basic factors include:

• The parents’ individual and combined incomes;
• Any pre-existing child support or alimony payment obligations from prior relationships;
• Health insurance coverage provided by either parent;
• Work-related childcare expenses incurred by either parent;
• Any medical needs (of the children) not covered by health insurance; and
• Reasonable and necessary expenses for the children’s education and transportation.

However, within each of these categories, there are several specific considerations that need to be addressed. While the Guidelines can serve as a roadmap for divorcing parents, it is important to work with an experienced child support lawyer in Maryland to ensure that you do not overlook any important considerations.

Can I Seek More (or Seek to Pay Less) Child Support After My Separation or Divorce is Final?

In Maryland, divorced and separated parents have two options for seeking to modify child support payments.

First, both parents have the right to request a review once every three years to determine whether an adjustment (up or down) is warranted.

Second, parents can request a child support modification at any time based on a “material change in circumstances.” Examples of material changes include things like losing a job, receiving a substantial pay cut or raise, or being unable to work due to a disability.

What If My Former Spouse or Partner Isn’t Paying Child Support in Southern Maryland?

If your former spouse or partner has stopped paying child support, our Lexington Park child support attorney can help you enforce your right to payment in court. Maryland law affords several options for enforcing parents’ child support payment obligations. These may include garnishing wages and diverting tax refunds to the recipient parent.