In short, no. In the state of Maryland, parents cannot agree to waive or reduce child support, even if both parties agree to do so. In Maryland, child support is ordered by family courts in order to ensure that both parents contribute financially to the well-being of their children.
Child support is a court-determined periodic payment that is generally ordered by a court when a child’s biological parents are separating or going through the divorce process. The goal of child support is to provide for a child’s basic needs, including food, clothing, education, and medical care.
In Maryland, when calculating child support, the total amount of the child support will be based on various different factors. These factors include the custody arrangement, the child’s best interests standard, each parent’s income and financial obligations, and the number of children involved.
Once again, Maryland family law courts will not agree to parents waiving child support. This means that even if both parents consent to dropping child support, the child’s best interest standard will always take precedence over the parent’s wishes.
However, this does not mean that child support will always be ordered. For instance, if both parents agree to split custody of their child or children, there may not even be an initial child support order.
Further, if there is evidence that both parents share equal financial responsibility over their child, then the court may agree to an agreement to terminate child support. Finally, there are other situations where a parent can drop child support based on certain criteria being met.
When Is Child Support Ordered?
Once again, child support in Maryland is ordered either during the Maryland divorce process or in a separate child support and custody case. First, it is important to note that the parent that does not have primary physical custody of the child, will likely be the parent who is ordered to make child support payments.
Child support is a means by which a Maryland family law court can ensure that a non-custodial parent contributes to the needs of their biological or adopted children. The word mandatory means that child support in Maryland is required by law. After child support has been calculated in a case, a child support order will be entered.
How Is a Child Support Award Enforced?
In Maryland, child support enforcement is managed by the Maryland Child Support Administration (“CSA”). The Maryland Child Support Administration ensures that every child receives financial, medical, and emotional support from both their parents, even if they are separated, divorced, or never married.
There are various tools utilized by the Child Support Administration when it comes to enforcing child support payments. Child support prosecutors may use all of the following methods when enforcing child support awards:
- The prosecutors may utilize an income withholding order, which is a court order where payments are automatically deducted from the obligor’s paycheck
- Prosecutors can suspend an obligor’s driver’s license and professional licenses
- Prosecutors can seek out a contempt of court charge, which may result in fines or jail time
- Prosecutors can obtain orders to intercept federal and state tax refunds to cover unpaid child support
- Liens can be placed on the obligor’s property, such as on their home or vehicle
- Prosecutors can seize funds from the obligor’s bank accounts
As can be seen, child support enforcement agencies have a variety of different methods to collect child support on behalf of the custodial parent. Prosecutors and the Child Support Administration may also collect retroactive child support and interest, if the court orders them to do so.
How Can I Avoid a Child Support Increase?
There are limited circumstances where a child support increase may occur in Maryland. In order to warrant an increase in child support, the party that is seeking the increase in support must demonstrate that there has been a “material change of circumstances” since the last order was entered.
Examples of what may qualify as a material change of circumstance include:
- Change in Employment: If either parent experiences a change or loss of employment, that may warrant a review by the court to determine if an increase or decrease in child support is warranted
- Promotion or Salary Increase: If the party subject to the child support order has a significant increase in income due to a promotion or raise, which is a 25% difference between the previous order, that may justify an increase
- Change in Custody: If a significant alteration in the current custody arrangement has occurred, such as the child switching homes, that may warrant a modification of the previous child support order
- Incarceration: If one party becomes incarcerated, that may warrant a modification
- Additional Children: If either party has an additional child in a subsequent relationship, then the child support payment should be recalculated according to the state child support guidelines
As can be seen, a child support order may be altered in certain circumstances. As such, in order to avoid an increase, you should ensure that you maintain a steady and stable income. Additionally, you should also document all of your child’s expenses to demonstrate that an increase in support is not warranted or necessary for the child’s best interests.
How Can I Stop Paying Child Support?
There are multiple ways in which a parent may stop paying child support in Maryland. For example, if the parent who was obligated to make support payments now has primary custody of the child, they can petition the court to terminate their child support.
Additionally, a parent can also petition the court to order the other parent to pay them support based on the child support guidelines in the case of a change in the custody arrangement. There are also many other reasons to close a child support case that a local attorney in Maryland can assist with.
Do Child Support Payments End Automatically?
In short, yes. In the state of Maryland, there are certain triggering events that will result in child support payments terminating. For example, a parent’s child support obligation ends automatically at age 18 if the child has graduated from high school or 19 if the child is still enrolled in high school.
In other words, at a certain age, the child will be emancipated by operation of law. In turn, this terminates the non-custodial parent’s obligation to pay child support.
How to Get Child Support Arrears Dismissed
In order to get child support arrears dismissed in Maryland, a motion to dismiss child support arrears must be filed by the party that has arrears. This must be filed with the child support division of the district attorney’s office.
It is important to note that this motion will need to provide evidence as to why some or all of your arrears should be discharged. In general, a request for a reduction in arrears will be based on the income and assets of the party seeking the debt reduction.
Further, arrears will not automatically be dismissed when a person’s obligation to pay support ends. Interest may still continue to accrue on past-due support. As such, it is important to stay up to date on your child support payments.
Do I Need a Lawyer for Help with Terminating Child Support?
If you are having any issues related to terminating, modifying, enforcing, or obtaining child support, then it is in your best interests to consult an experienced Maryland child support lawyer. LegalMatch can assist you in locating and setting up a consultation with an experienced Maryland child support attorney near you.
An experienced child support attorney can help you determine whether or not you are eligible to stop child support based on the particulars of your case. Additionally, an attorney can also help you determine if you are eligible to have any child support arrears reduced or discharged. Finally, an attorney can also represent you in court, as needed.
