How to Get Child Support Reduced in Maryland

Many parents are required to make child support payments in the State of Maryland, often after they go through a Maryland divorce. Child support is often paid in monthly payments from a non-custodial parent to the custodial parent because of their financial responsibility as the child’s parent.

If a parent who is ordered to pay child support does not make payments, their child may not have their basic needs met or receive the basic care they require. If a paying parent is not able to pay the full amount they are ordered to or anything at all due to a change in their circumstances, they can reach out to a local Maryland attorney or family support division for help getting their child support lowered.

Under federal laws, every state has to have procedures for reviewing and adjusting child support orders periodically when the agency is handling a case. A state child support agency will automatically review cases where a family receives Temporary Assistance for Needy Families (TANF) once every three years.

When a case does not involve TANF, the child support agency will give notice to the parent or to the child’s custodian that they will be able to ask for a review of the child support order. Either of a child’s parents will be able to ask for a review when there has been a material and substantial change in their circumstances.

Child support agencies can review cases in different ways when working with a child’s parent and custodial, which may include:

• Reviewing and adjusting the child support order using the guidelines if the amount ordered is not the same as the amount that would be ordered under the state child support guidelines
• Using the state child support formula that was used in the order and applying an adjustment for cost of living
• Using some type of automated method, including comparing the order data to state wage data or state income tax data in order to:
  • identify orders that are eligible for review
  • identify orders that are eligible for adjustment
  • conduct reviews
  • apply adjustments

When a parent asks for a reduction in their child support payment amount, they will have to show that they have had a material change in their circumstances, such as:

• Substantial reduction in income
• Major illness or disability
• Incarceration
• Cost of living change
• Changes in the child’s needs
• Loss of a job

To find out more about having lower child support payments in Maryland, a parent can reach out to a local attorney in Maryland.

What Factors Can Lower Child Support?

There are many different things that courts and child support agencies can consider when calculating child support and lowering child support, such as:

• The amount of support orders already in place
  • Spousal support orders will be deducted from the gross income of the non-custodial parent
• What a parent has to spend on childcare during a job search or while they work
• The cost of providing healthcare coverage for their child
• When a child has extraordinary expenses, such as medical needs or special schooling needs
• These expenses may be imposed by agreement of the parents or by an order of the court

To find out more about these factors and for more information on lowering child support in Maryland, a parent should consult with a local attorney for advice and help.

What Is a “Substantial and Material Change”?

Although a parent’s child support order may be reviewed once every three years automatically, a parent or another party who is associated with the order is not required to wait for their review to ask for a modification. Either of the child’s parents can ask for a review and adjustment if they have had a substantial and material change in their circumstances.

In most situations, whether there has been a substantial and material change is measured by whether or not a 15% change would occur in the new amount. A child support agency can only review and order if a party who makes a request gives evidence showing that there has been a change in their circumstances.

Every state, including Maryland, has its own formula and guidelines for calculating child support amounts, which often requires an evaluation of:

• The parents’ incomes
• Non-custodial parent’s cost of providing medical insurance for their child
• Childcare expenses of the custodial parent
• Additional child support obligations of the paying parent
• Number of children, whether adopted or biological, that the paying parent has living in their household

Whenever courts make decisions in cases that involve children, they follow the child’s best interests standard.

What Is the Legal Process of Child Support Modification?

Although the exact steps that are required to modify a child support order may vary by jurisdiction or location, there are some steps that usually must be taken. The amount of money that the non-custodial parent will have to pay will typically be calculated by following the Maryland child support guidelines.

The State of Maryland provides an online calculator that parents can use to get an idea of what they may have to pay or what they might receive. This can also be helpful for individuals who are considering seeking modifications.

When parents think their child support order needs a modification, they can request one through a Child Support Enforcement Agency (CSEA) or by filing a motion in court. When an individual requests a CSEA review, their caseworker will review their case and make a determination about whether their order is eligible for modification.

The child’s parents or custodians do not need to be present during the review. When an individual files their review request in court, they will have to serve the paperwork on the other parent.

Both of the child’s parents may be required to appear in court to show evidence of the change in their circumstances. A court is typically more flexible than a CSEA when considering modifications, as they can take into consideration each parent’s unique situation when determining whether to modify an order.

If the request for a modification is handled by a lawyer, it can provide a parent with a better chance at obtaining their modification. It is important for the paying party to continue to make their required payments during the review period.

When Do I Need to Contact a Lawyer?

If you are a parent or guardian who makes child support payments and there has been a change in your circumstances, you should consult with a Maryland child support lawyer to see if you can lower your payments. Your attorney can give you advice about the likelihood of a decrease and if there are any other options available.

If you are a receiving parent, your attorney can help if you are not receiving a sufficient amount of child support. Your attorney will be able to review your case and the Maryland guidelines and provide advice on whether you can request a higher amount.

LegalMatch provides a no cost lawyer matching service that you can use easily to locate a lawyer in your area who can request a modification of your child support amount. Just submit your concern or question on the website, and in around 24 hours, you will get responses from member lawyers near you.