Maryland Child Support Laws

Maryland’s child support laws in regards to custody and child support designed to safeguard the welfare and interests of children. These laws employ an Income Shares Model, factoring in both parents’ income when establishing child support payments. The details of primary physical custody or shared physical custody significantly influence the computation of child support.

Who Needs to Pay Child Support?

Typically, the noncustodial parent is tasked with making child support payments. Nonetheless, both parents bear the legal obligation to financially sustain their children. The precise contributions from each parent hinge on their respective incomes and the custody stipulations outlined in the divorce decree or paternity agreement.

Let’s use a hypothetical example to illustrate this.

Suppose parent A and parent B have divorced, and they share a child. After the divorce decree, parent A is granted primary physical custody of the child, meaning the child lives primarily with parent A. Parent B has visitation rights.
Let’s say parent A earns $60,000 a year, and parent B earns $40,000 a year. In Maryland, child support is calculated based on both parents’ income, meaning the total income to consider here would be $100,000 a year.

Maryland uses the Income Shares Model, which considers both parents’ incomes in relation to their combined income. In this case, parent A contributes 60% of the total income, and parent B contributes 40%.

However, because parent B doesn’t have primary physical custody, they are usually required to pay child support to parent A to contribute towards the child’s living expenses. The exact amount would be determined by Maryland’s child support guidelines and would take into account the proportion of income parent B contributes, the number of overnights the child spends with each parent, and the specific needs of the child, including health insurance, daycare costs, and other factors.

This is a simplified example, and actual child support calculations can be much more complex, taking into account many more factors. Always consult with a knowledgeable attorney for accurate information regarding your specific situation.

How Can I Get Child Support?

Securing child support in Maryland necessitates establishing paternity initially. After this, a parent can present a request to the court. A judge will then assess the financial status of both parents, the needs of the child, and the custody arrangement in order to ascertain the appropriate support amount.

How Long Is the Child Support Process in Maryland?

The timeframe for the child support process in Maryland can differ depending on the complexities of each individual case. Typically, though, the process to finalize the child support order spans several months.

Can I Get in Trouble If I Choose to Not Pay Child Support?

Yes, declining to adhere to court-mandated child support can have serious repercussions in Maryland. Consequences can range from wage garnishment and property liens to suspension of your driver’s license and, in some cases, imprisonment.

How Does Maryland Enforce Child Support?

To enforce child support, Maryland employs a variety of strategies. These include ordering income withholding, intercepting tax refunds, suspending licenses, reporting delinquencies to credit agencies, and potentially seeking incarceration for non-compliant parents.

Let’s dive into each strategy a bit further:

• Income Withholding: If a parent is not making their child support payments, Maryland can issue an order requiring the parent’s employer to withhold a portion of the parent’s income for child support. The employer then sends the deducted amount directly to the state child support agency.
• Interception of Tax Refunds: If a noncustodial parent owes past-due child support, the state can intercept their federal and state income tax refunds. The intercepted amount is then forwarded to the custodial parent.
• License Suspension: Maryland can suspend or revoke various licenses held by a noncustodial parent who is behind on child support. These may include driving licenses, professional licenses, and even recreational licenses like hunting and fishing permits.
• Reporting to Credit Agencies: Unpaid child support can be reported to credit agencies, affecting the noncustodial parent’s credit rating. This could make it more difficult for them to secure loans or credit cards until the child support arrears are addressed.
• Incarceration: In extreme cases, a noncustodial parent who continually fails to pay child support may be found in contempt of court, potentially leading to a jail sentence.

Each of these enforcement measures is taken seriously and is designed to ensure that noncustodial parents meet their child support obligations. If you are having difficulty with child support enforcement, it is wise to consult with a knowledgeable attorney.

Can My Visitation Be Stopped by Nonpayment?

While child support and visitation rights are related in that they are both aspects of a parent’s responsibilities and rights, they are treated as separate issues in a legal context.

Child support is a financial responsibility intended to provide for the child’s basic needs, including housing, food, and other daily expenses. The obligation to pay child support arises from the parent’s duty to care for their child, regardless of their relationship status with the other parent or their ability to see the child.

On the other hand, visitation rights pertain to a parent’s right to maintain a relationship with their child. This is viewed as beneficial for the child’s emotional development and well-being. Therefore, even if a parent is behind on child support payments, the other parent cannot deny them visitation as a form of ‘punishment’.

In other words, a parent’s financial obligations (child support) and their rights to see their child (visitation) are two distinct aspects of parenthood. Both are important for the child’s well-being, but one cannot be used to manipulate or control the other. If there are issues with non-payment of child support, or if a visitation order is being violated, it’s recommended to return to court for enforcement, rather than taking matters into your own hands.

How Can I End Child Support?

Child support in Maryland typically concludes when a child turns 18 or graduates high school, whichever occurs later. However, if circumstances significantly change, changing child support involves making a formal request to the court. Significant changes could include a parent losing their job, a substantial increase or decrease in income, a change in the child’s needs, or a change in the custody arrangement.

For instance, let’s consider a situation where the non-custodial parent who is responsible for paying child support loses their job and is unable to find comparable employment immediately. This can be a significant change in circumstances that makes it difficult for the parent to fulfill their current child support obligation. In such a scenario, the parent may request the court to reduce the child support payment amount temporarily until they can secure employment again.

Another example could be if there is a change in the custody arrangement. Suppose the non-custodial parent becomes the primary physical custodian. In this case, the parent could request a modification in the child support order since they are now the primary caregiver for the child.

Where Can I Find the Right Lawyer?

For assistance with child support matters in Maryland, LegalMatch can guide you to a suitable attorney in your area. Don’t wait any longer to get the legal help that you and your family need during this time. Let LegalMatch help you find the right Maryland child support lawyer for your needs today.