Child Support in the State of Maryland

Under Maryland law, all parents are legally obligated to support their children until the children turn 18, or until age 19, if they are still enrolled in high school.

Maryland Child Support Guidelines

For parents whose combined annual income is less than $120,000.00, the amount of child support a parent must pay is determined by the Maryland Child Support Guidelines. You can access a free, public guidelines calculator by clicking this link.

To determine the amount of child support that is payable, you need to know the income of both parents, the amount of alimony paid in the case (if any), cost of health insurance for the children (if an additional cost is borne to add the children to the insurance), work related child care expenses and other allowable extraordinary expenses incurred on behalf of the children.

One of the biggest fights in child support cases is what is the “actual income” of the parties, especially in those cases is which one of the parties is self-employed, receives cash payments or is not a W-2 employee. A great deal of resources are often spent in these cases trying to prove the parent’s “actual income.” It is often difficult and expensive to prove “actual income” when a parent receives other than W-2 income.

For purposes of child support, “actual income” means income from any source and includes not only wages, but interest payments, royalties, pension benefits, unemployment benefits, etc. See Maryland Family Law Section 12-201(c).

Use of the child support guidelines in Maryland is mandatory and the guidelines must be used by the Court unless a party can establish that application of the guidelines would be “unjust or inappropriate in a given case.” Absent exceptional circumstances, parties should expect that the guidelines will be applied in a given case.

Parents ordered to pay child support must pay the child support amount to the other parent and cannot offset the child support award by amounts they pay directly for the child’s benefit. Some parents who pay child support feel they should get an offset for sums they spend directly on their child or that child support should be reduced because the parent receiving the support does not spend the full amount on the child. Maryland law does not provide for this, however.

Child Support Modification

After child support is awarded, the amount payable may be modified by the Court if there has been a “material change in circumstances” in the incomes of the parties.

“Above the Guidelines” Cases

Maryland’s Child Support Guidelines are not applicable in cases where the combined incomes of the parties exceeds $10,000.00 per month. In these high income cases, the Court may use its discretion in setting the amount of child support. Many parties in such cases simply “extrapolate” the guidelines amount to the income levels at issue.

Child Support Enforcement

If you have been awarded child support and your child’s parent is not paying the support ordered by the Court, contact the Maryland Office of Child Support Enforcement. This state agency will help you collect the support due you at no charge.

Maryland Child Support Attorneys

If you are interested in having Stern & Associates represent you in a child support proceeding, call our offices today at 1-800-DIVORCE (from the Washington, D.C. area) or 301-444-4660. We would be happy to discuss your case with you.

Stern & Associates is a family law firm that represents individuals in divorce and family law cases throughout Maryland including cases in Montgomery, Howard, Frederick and Prince George’s Counties.