Aug 13, 2012

Quick Guide: Maryland Child Support Laws and Bankruptcy

Aug 13, 2012 - Resources by |

Many individuals facing separation or divorce from their spouses seek bankruptcy divorce lawyers, or those who can handle both aspects of a related case. The changing financial demands and circumstances involved with a divorce, such as shared income, alimony and child support, the division of property, and so forth, force many people to go down this road. That’s why it’s important to be familiar with Maryland child support laws and how they relate to divorce and bankruptcy.

First, Maryland child support laws, as elsewhere, do not allow for child support debts to be eliminated or discharged through bankruptcy. That said, bankruptcy divorce lawyers will often recommend a Chapter 13 bankruptcy payment plan, which can alleviate some financial pressure and remove some debts, while offering you some light at the end of the tunnel.

Maryland child support laws take many different factors into account when determining how much is owed. This includes the gross income of each parent, the cost of medical insurance and child care, other forms of child support being paid, whether it’s a primary or shared custody case, and more. In the latter case, primary custody is when the child spends less than 128 nights per year with one parent.

There are many additional circumstances to be considered as well. When the income of both parents is over $10,000 per month, the court determines what the child support will be based on the needs of the children, rather than the specific formulas outlined by Maryland child support laws.

Child support can be terminated when a child reaches the age of 18, gets married or becomes self-supporting, whichever comes first. Child support can be legally modified, however, not at a whim. There has to be a material or significant change in circumstances, and bankruptcy divorce lawyers in Maryland will be able to tell you what may or may not qualify as such.

Finally, each county in Maryland has its own child support agency which provides services and assistance, including paternity blood testing, enforcement of child support, child support reviews and more.

More information on Maryland child support laws, Maryland divorce alimony and more can be found in this PDF document from the Department of Human Resources.

If you’re facing separation or divorce, seeking legal advice is always the best option. Call us today at 240.395.1418 for a free consultation and we’ll discuss how we may be able to serve you as bankruptcy divorce lawyers in Maryland.

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The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Read our full disclosure here.