PRACTICE AREAS
Learn more about CHILD SUPPORT
A Few Preliminary Notes: The answer to most family law questions typically starts with, “It depends…” This is because the application of the law in family law matters depends on many factors, many of which are overlapping. There are few, if any, “black and white” issues. No attorney can guarantee a certain outcome, so if someone promises that your case is a "slam dunk," you should seek advice elsewhere. Also, while friends and family may mean well, their experiences may not be relevant to your specific case, so be cautious about following their advice.
The answers provided below are general guidelines based on Maryland law and our experience with similar cases. We aim to help you understand the basics of child support in Maryland.
FREQUENTLY ASKED QUESTIONS
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In Maryland, child support is calculated using the Maryland Child Support Guidelines, which apply to cases with a combined parental income of under $360,000. The calculation varies depending on whether the parents share physical custody or if one parent has primary physical custody. Other factors include each party’s income, the number of children, whether either parent has child support obligations in another case, the cost of health insurance for the child(ren), work-related childcare expenses, and other specific child-related costs.
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Even if both parents agree that child support should not be ordered, the Maryland courts are generally required to apply the Child Support Guidelines and determine support. This is because the right to child support belongs to the child, not the parents. In rare cases, the court may determine that it is in the child’s best interest not to order support, but the parents would need to provide a reasonable explanation as to why this deviation is justified.
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In Maryland, child support continues until the child turns 18. However, if the child is still enrolled in high school at the age of 18, support will continue until the child turns 19 or graduates, whichever comes first.
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Yes, child support can be backdated, but only to the date the request for support is filed with the court. It cannot be backdated to a time before the filing of the child support request.
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No, child support cannot be requested before the child is born.
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No. While there may be exceptions if you and the other parent have an agreement for goods or services in lieu of support, the court is not obligated to accept such agreements unless it believes they are in the best interest of the child.
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No. The parent paying child support does not have a right to know how the money is spent by the receiving parent.
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Yes, child support can be modified if there is a material change in circumstances that affects the Child Support Guidelines. This could include a change in either parent’s income, a change in the number of children being supported (e.g., if a child emancipates), or changes in childcare costs.
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No. To modify child support, the party requesting the change must ask the court and demonstrate a material change in circumstances that justifies the modification. The only automatic change occurs when the last child no longer qualifies for support. If there are multiple children and one ages out, but another child remains eligible for support, the party seeking the change must still request a modification.