Use this Maryland child support law to learn about your
child support rights and responsibilites.
How is Maryland child support determined?
In Maryland, the courts may order a parent to provide child
support. There are specific Maryland Child Support Guidelines, designed to be
in the best interests of the child, that the courts use to determine the
correct amount of child support. These will be followed, unless both parents
agree to an amount other than that calculated by the guidelines, or the courts
decide the guidelines are unjust based on these factors:
- the terms of any marriage settlement agreement
- the presence in either parent’s household of other
children that
also need to be supported by the parent
The family home may be awarded to the parent with custody of
the
child to allow the child continuity in his or her home and
community environment.
The basic child support obligation is divided between the
parents in proportion to their share of the combined adjusted actual income
amount. The number of children there are to be supported is also factored
in when figuring the child support obligation for the parents.
At what age does child support payments end?
At what point does the obligation to pay child support
endMaryland Generally, the obligation ends when the child reaches 18 years of
age or the child graduates from high school, whichever occurs later. A child
will also automatically be ineligible for child support if that child marries,
is removed from disability status by a court order, or the child dies.
Maryland's custody guidelines:
Generally, the parents agree upon decisions about custody. If
there is no agreement, then the courts will make these custody decisions. In
Maryland, joint or sole custody may be awarded to either or both parents, based
on the best interests of the child. Custody may be denied if a parent seeking
custody has abused the child. The courts will make an effort to allow the child
to live in the environment and community that are most familiar to him or her.
Generally the courts will allow the parent with custody of the child to use and
possess the family home.
Maryland's medical insurance guidelines:
Generally, the decision as to which parent is going to provide
medical insurance coverage for the child and how medical bills will be paid is
set out in the marital settlement agreement. Usually, if a reasonable medical
insurance plan is available through one of the parent’s employment, they
are required to cover their child on it.
How permanent are the provisions for Maryland child
support and custody ?
Court orders providing for support and custody of children are
subject to change or modification to reflect significant changes in income,
and/or living arrangements of the children.
While all orders concerning the children are modifiable in the
future, we encourage you to not enter into an agreement based on the idea that
it can always be changed or modified later.
Wage garnishment for child support payments:
Yes. Maryland, like most states, has a provision for
withholding child support directly from the earnings of the parent who has been
ordered to provide support. It is withheld much like income tax is withheld
from earnings payments.
This way of paying and receiving child support is generally
easier for both parties and considered a very dependable solution. The way it
typically works is, once the support is withheld, it is then sent to the state
agency authorized to receive and disburse payments. Once it has been verified
that the support was paid, it is then sent to the parent designated to receive
the support.
If a non-custodial parent can show that they are providing more
than 50 percent of the support for dependents not included in the court order
from a second marriage, and is not in arrears, no more than 50% of their
disposable income can be attached if they cannot pay the full court-ordered
amount of both orders.
That number goes to 55% if the non-custodial parent is in
arrears, 60 percent for a person only providing support to dependents under the
current order, and 65% for a person who is in arrears and paying only on the
current order.
How does joint custody work?
The current trend is to encourage parents to work together for
the best interests of their children. Joint custody is now widely recognized by
parents, courts and state legislatures as the preferred parenting plan for
divorcing parents.
Specifically, joint custody is a form of custody of minor
children that requires both parents to share the responsibilities of the
children, and for both parents to approve all major decisions related to the
children.
While joint custody is a 50-50 sharing of responsibilities and
major decisions affecting the children, it rarely works out to be a 50-50
sharing of time with the children. Usually one parent is named as the primary
joint custodian and the other parent is granted visitation. The primary joint
custodian typically retains the decision making power to determine the
child’s primary residence and school and to designate things such as the
child’s primary physician.
How Maryland determines child visitation:
Generally, parents are free to visit with their children at all
times that are mutually agreed to by both parents. However, when parents cannot
agree, the standard visitation schedule accepted most everywhere in the nation
is:
- every other weekend
- four to six (4-6) weeks during the summer
- alternating holidays
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