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RPM Law – Experienced Maryland Child Support Attorneys Serving Annapolis

Child Support Lawyers in Maryland

Effective Representation for Child Support Hearings in Annapolis and surrounding jurisdictions.

RPM Law

Under Maryland law, regardless of whether a couple is separated, divorced or never married, both parents have a legal and moral responsibility to contribute to the care and well-being of their children. This obligation is an essential part of family law in Maryland, ensuring that children’s living standards are not negatively affected by their parents’ marital status. Child support is not just a monthly payment, it’s a fundamental right for children to receive financial assistance from both parents.

Navigating the complexities of child support can be difficult, from establishing initial payments to modifying or departing from the original agreement. It requires a thorough understanding of Maryland’s legal regulations and court procedures. Any mistakes or oversights could lead to significant financial difficulties for years.

If you need assistance with child support matters in Annapolis, contact RPM Law. Our experienced and dedicated team of child support attorneys in Maryland can help you navigate the system and protect your rights.

Maryland Child Support Law

Maryland calculates child support based on the Maryland Child Support Guidelines, a standardized formula designed to ensure consistency and fairness in determining the appropriate amount of support. These guidelines provide a starting point for calculating child support, but the process is not a simple equation that can be plugged in and solved. Rather, it requires an accurate assessment of each parent’s actual income, which can involve complex factors such as salary, bonuses, commissions, self-employment income, dividends, and even imputed income if one parent is underemployed voluntarily.

Maryland Child Support Guidelines include the following when determining child support:

  • The income of both parents
  • Number of minor children
  • Any other child support being paid to a child from a previous relationship
  • Any alimony being paid or received
  • Health insurance costs for the minor children
  • Extraordinary medical expenses for the children
  • Work-related child care expenses
  • Educational expenses for the children
  • Travel expenses

A critical and often misunderstood aspect of the guidelines is the treatment of “shared physical custody”. When a child spends at least 35% of nights (approximately 128 nights per year) with each parent, the basic support obligation is adjusted through a shared custody worksheet. This calculation takes into account the increased expenses incurred by both households and can significantly affect the support amount. It is essential to properly document the parenting schedule and related expenses in order to ensure an accurate calculation in these situations.

If the combined adjusted income of both parents exceeds $360,000 annually, the court may deviate from the standard child support guidelines. In these high-income situations, the court will consider the child’s best interests and determine a support amount they deem reasonable. This can include private school tuition, extracurricular activities, and college savings. Skilled advocacy is essential in these cases, as we present evidence and argue for a support amount that covers the child’s specific needs. Our goal is to ensure that the obligation is fair and sustainable for both parents.

  • I was thankful to have the RPM team on my side. This was a road I did not want to walk but Stacey helped me walk it and always kept my best interest and the interest of my family in mind. If you are looking for a tenacious warrior who will fight for what is right, Stacey is your woman. It takes a special person who can walk with you in your grief but keep pointing you back to the finish line. Thank you so much to the entire team—everyone worked so hard for me. I am forever thankful.
    Rebekah


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How Long Are You Obligated to Pay Child Support in Maryland?

Understanding the timeline of child support payments is crucial for long-term financial planning. In Maryland, child support is required until the child turns 18. If the child is still attending high school, this age may be extended to 19. However, these obligations only apply to unemancipated minors. A child can become emancipated through marriage, joining the military, or becoming financially independent.

It is important to note that child support payments do not automatically stop or decrease when a child reaches the age of 18. Instead, the custodial parent must file a petition to terminate the support order, and arrears may continue to accumulate until this is done. Additionally, if child support is overdue, the Maryland Child Support Enforcement Agency (CSEA) will continue collecting payments until the debt is paid in full, regardless of the child’s age. The agency has various enforcement tools at its disposal, including wage garnishment, intercepting tax refunds, suspending driver’s licenses and professional licenses, placing liens on property, and even taking contempt of court actions that can lead to jail time for non-payment.

How Do You Request an Increase/Decrease in Child Support?

A child support order does not necessarily last for 18 years. Life can change, and the law provides for a review process. If your circumstances have changed since your order was issued or if it has been three years since the last modification, you may be able to request a review. The Maryland law recognizes material changes in circumstances as grounds for modifying a child support order. This includes, but is not limited to:

  • Loss of employment or a change in employment status
  • A significant increase or decrease (generally 25% or more) in either parent’s income
  • A substantial change in work-related day care or health care costs
  • A change in the custody or visitation arrangement
  • A change in the child’s financial needs (e.g., new medical diagnosis, special educational requirements)

It is a common misconception that a person can unilaterally reduce payments if they lose their job. This is not legally possible. The obligation to pay remains legally binding until the court officially changes the order. Failure to pay creates debt that must be repaid. The best course of action is to immediately request a change when there is a change in circumstances. Our lawyers can quickly submit the necessary documents, provide compelling evidence of the change, and argue for a fair adjustment, protecting you from accruing crippling debt and potential legal action.

  • I hired Samantha to pursue a custody and child support adjustment case (about 5 years after divorce), due to my ex not wanting to agree amicably or via neutral mediation. After explaining my situation, during the initial consult, Samantha was able to give me a very good idea of what she felt was the potential outcome. She was extremely accessible and supportive throughout the process, and even helped me iron out some difficult/touchy conversations I had to have with my ex. I was very fortunate that, after filing in court, Samantha was able to craft a proposal that kept us out of court (minimizing headaches, heartaches and costs), while satisfying the demands of my court petition in a very reasonable manner and time frame (start-to-finish in about 5 months). Hopefully I’m all set until my kids turn 18, but if any other legal issues arise, she’ll be the first person I call.
    Enrique

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Child Support Disputes in Maryland

Child support payments and other financial matters relating to children may be agreed upon by both parents and included in a separation agreement or divorce decree so long as the agreed upon child support is approved by the court. When there is a dispute regarding child support, and other financial matters relating to the children, such as the cost of uninsured medical expenses, private school, or extracurricular activities, it may be necessary to go to trial and have a judge decide the issues. Our child support lawyers in Maryland have the experience and knowledge to settle your case outside of court, or, if necessary, try your family law case in a courtroom.

Common Child Support FAQs

How exactly is the child support amount calculated in Maryland?

Maryland uses an “Income Shares” model based on official guidelines. The court combines the adjusted gross incomes of both parents, then determines a total support obligation based on that combined income and the number of children. Each parent’s percentage share of the combined income determines their share of the obligation. The non-custodial parent’s share is typically paid to the custodial parent. Expenses like health insurance, childcare, and extraordinary medical costs are added separately.

What income is included in the child support calculation?

The court considers all forms of gross income, including: wages, salaries, commissions, bonuses, overtime, dividends, interest, rental income, retirement benefits, and, in some cases, potential income if a parent is voluntarily underemployed. The guidelines specify allowable deductions, such as pre-existing child support orders, to arrive at an “adjusted actual income” figure.

Can child support be modified? If so, when?

Yes, child support orders can be modified if there is a material change in circumstances. Common reasons include a significant increase or decrease in either parent’s income (e.g., job loss, promotion), a change in the child’s healthcare or childcare needs, or a substantial change in custody arrangements. You may also request a review every three years. A formal court order is required to legally change the obligation.

What happens if the other parent lives in a different state?

Child support orders are enforceable across state lines under the Uniform Interstate Family Support Act (UIFSA). Typically, the order is established in the child’s “home state.” If a parent moves, the order can be registered and enforced in their new state. We help navigate interstate enforcement and modification procedures to ensure consistent support.

Are expenses like private school tuition, sports, or extracurricular activities included?

The basic guideline calculation does not automatically include these costs. However, parents can agree to share these expenses, and the court can order it as an “additional expense” if it finds the expense is in the child’s best interest and both parents have the ability to contribute. These are often points of negotiation or dispute requiring legal advocacy.

What enforcement actions can be taken if child support is not paid?

Maryland has robust enforcement tools. These can include: wage garnishment, interception of tax refunds, suspension of driver’s or professional licenses, placing liens on property, reporting arrears to credit bureaus, and, in cases of persistent wilful failure, contempt of court proceedings which can result in fines or even jail time.

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