When does child support begin?

The Maryland court may only help you with child support from the time you actually file a request for the court to make a finding that child support is due. The court does not go back to the date the parties separated if no request has been filed. Prompt filing is imperative for the court to grant retroactive support.   

Who is covered?

Any child(ren) born to the parties whether they are married or not. If there is a question about the legitimacy of a child the court can order a paternity test.                                   

I just lost my job. In considering modification, will the court go back to the date I was terminated?

No, a modification of a Maryland child support order runs from the date of actual filing for modification. If you wait two months from termination to file for a change in your child support obligation, the court can only grant you relief from the date you filed your request, not the date you were terminated.

How does Maryland determine child support?

The Maryland legislature enacted a child support statute that encompasses child support guidelines. The guidelines are more complex than in many states that simply use a percentage. Maryland takes each parent's actual gross income and then considers:

(a) preexisting child support actually paid;
(b) health insurance premiums;
(c) alimony (either paid in the current case or another case);
(d) work-related child care expenses (daycare, after school, etc.);
(e) extraordinary medical expenses;
(f) additional expenses (which may include special or private school or transportation between parents' homes).

How do I determine “actual income”?

“Actual income” consists of, but is not limited to:

(a) salaries;
(b) wages;
(c) commissions;
(d) bonuses;
(e) dividend income;
(f) pension income;
(g) interest income;
(h) trust income;
(i) annuity income;
(j) Social Security benefits;
(k) workers’ compensation benefits;
(l) unemployment insurance benefits;
(m) disability insurance benefits;
(n) alimony or maintenance received;
(o) regular payments received from a relative (e.g., your parents send you money every month);
(p) other fringe benefits from employment (i.e., automobile, cell phone, cable or internet service, etc., that you might have paid for if you did not have your current job). 

What about overtime?

If you get regular overtime (not occasional overtime), the court may include it as “actual income.” This is a case-by-case situation that needs to be carefully examined. Someone who gets overtime for one hour once every 3 or 4 months will be looked at differently than someone who gets 5 to 10 hours every week. 

Will the court consider private school?

If the parties had previously agreed on private schooling, the court will look at the past history and what is in the best interest of the child. However, if the parties cannot afford to continue paying for private schooling, the court may decline to include the cost of private school. Again, this is on a case-by-case basis.

What is the formula used by the Maryland Child Support Guidelines?

Maryland uses a table of mathematical numbers taking into account the number of children, overnights of greater than 128 nights, and other factors discussed in this article. The child support guidelines do not apply if the combined adjusted income is in excess of $10,000.00 per month.  The courts may, but rarely, deviate from child support computations where combined incomes are below $10,000.00 per month.  Most courts use SASI-Calc software to determine the amount of child support. http://www.sasi-calc.com

What is shared custody?

If the parties’ child(ren) spends in excess of 128 overnights per year, or 35 percent of the time, with either parent, the court utilizes a separate formula recognizing more of a shared cost approach to determine child support. 

What if the obligor quits his job to avoid paying child support?

A person required to pay child support may not deliberately quit his job to avoid paying child support. This is called involuntary impoverishment. The court can find the non-paying parent in contempt of court and incarcerate him or her. The Maryland Office of Child Support can ask for a tax intercept of any tax refunds, pull the right to drive in Maryland, and even deny the right to certain travel/passport/visa rights if the arrearage reaches a certain amount through State and federal reporting systems.