website image

Get the Help You Need from a Bethesda Child Support

maryland divorce attorneys

In Maryland, all parents have a legal obligation to financially support their children. When going through a divorce or separation, parents must formally address child support to ensure that they will both continue to meet their respective financial obligations after their relationship ends.

In most cases, divorcing and separating parents will determine child support based on Maryland’s Child Support Guidelines. However, in high asset divorce cases, these Guidelines may not apply. Regardless of the circumstances involved, both parents need to ensure that they have access to all relevant financial information, and they need to make informed decisions based on a clear understanding of the rules that apply. The help of a Bethesda child support lawyer is often needed to ensure that the proper procedure is in place. 

Our Child Support Services for Parents in Bethesda

We represent parents in Bethesda with regard to all child support matters. This includes establishing, enforcing and modifying child support on behalf of mothers and fathers:

  • Calculating Child Support During a Separation or Divorce – If you are preparing to go through a divorce, we can help ensure that you will pay or receive an appropriate amount of child support after your marriage ends.
  • Enforcing Your Right to Receive Child Support – If your former spouse or partner is not paying child support (or if you are being accused of failing to pay child support), we can help you with going to court.
  • Modifying Child Support – If you can no longer afford to meet your child support payment obligations (or if your former spouse or partner is seeking to modify child support), we can help you assess your options and choose the best path forward.

FAQs: Calculating, Enforcing and Modifying Child Support in Maryland

How Long Do Parents Have to Pay Child Support in Maryland?

Generally, parents in Maryland must pay child support until their child’s 18th birthday, or until their child’s 19th birthday if the child is still enrolled in high school.

When Do Maryland’s Child Support Guidelines Apply?

Maryland’s Child Support Guidelines apply when the parents’ combined pre-tax income is less than $15,000 per month. For parents who earn more than $15,000 per month, calculating child support involves examining their respective income levels, their children’s needs and other relevant factors.

Do Parents’ Custody Rights Impact Their Child Support Obligations in Maryland?

Child custody can impact the calculation of child support when divorcing or separating parents will share joint physical custody. In this scenario, the number of nights the children will spend with each parent factors into the overall child support calculation.

When Can I (or My Former Spouse or Partner) Seek to Modify Child Support?

Parents can seek to modify their child support obligations when they experience a significant change in their financial circumstances. Unless the parents’ joint earnings exceed $15,000 per month, the Maryland Child Support Guidelines will continue to apply.

How Is Child Support Calculated in Maryland? 

One of the most common questions Bethesda child support lawyers receive from clients is how much they will be required to pay in child support. And as with most legal questions, the answer is “it depends.” Maryland family law courts calculate child support using a complex formula known as the Child Support Guidelines.

Generally, the parent who has primary physical custody of the child (the custodial parent) will receive child support from the other parent (the non-custodial parent). The amount of support awarded depends upon a number of factors, including the child’s needs and the parent’s ability to pay. The child support guidelines take the following factors into account: 

  • Each parent’s income (salaries, wages, commissions, bonuses, dividend income, pension income, interest income, trust income, annuity income, Social Security income, workers’ compensation benefits, unemployment benefits, and disability benefits) 
  • The number of children 
  • The costs of medical insurance and childcare 
  • Other support the non-custodial parent is paying (i.e., alimony or child support for another child) 
  • Alimony received and paid 
  • Extraordinary medical expenses
  • Other expenses, such as private school tuition and transportation 

In some cases, the court may also consider a parent’s “potential income.” This typically occurs when one parent attempts to avoid child support obligations by intentionally not making enough money (known as “voluntary impoverishment”). In such cases, the court will impute income to that parent by considering: 

  • The parent’s age, physical condition, educational attainment, special training or skills, literacy, residence, occupational skills, employment and earnings history, a record of attempts to obtain and retain employment, and criminal record
  • Employment opportunities where the parent lives 
  • The parent’s existing assets
  • The parent’s actual income from all sources
  • Any other factor bearing on the parent’s ability to obtain funds for child support 

When calculating the exact monthly dollar figure for child support, Maryland uses the income shares model. This model is based on the idea that the child should receive the same proportion of each parent’s income as he or she would have if the parents had remained married. So, for example, assume that the child’s father makes $4,000 per month and the child’s mother makes $2,000 per month, for a combined total of $6,000 per month. Assuming that the child’s mother is the custodial parent, the father would be responsible for roughly 66% of the child’s support needs ($4,000/$6,000 = 66.6%). If the guidelines say that the child should receive $800 per month in income, then the father would be responsible for 66% of that — or roughly $533 per month. 

While the child support guidelines are a useful guide for arriving at a baseline level of child support, courts may raise or lower that amount if they determine that doing so would be in the best interest of the child. This typically occurs where there is evidence that the application of the guidelines would be unjust or inappropriate in a particular case. For more information about how much you can expect to pay in child support, please contact a Bethesda child support lawyer

How Can I Enforce a Child Support Order My Ex Is Not Paying? 

Non-payment of child support can seriously affect the receiving parent’s ability to provide for the needs of the child. Not only is non-payment bad for the child and the receiving parent, it can also land the paying parent in significant legal trouble. Failing to pay child support in accordance with a child support order is unlawful and may even expose the perpetrator to criminal penalties. 

Receiving parents who are not receiving the child support they are owed have the following enforcement tools available to them through the Maryland Child Support Administration

  • Intercepting the paying parent’s state and federal tax refunds
  • Denying the paying parent’s application for a passport
  • Suspending the paying parent’s driver’s license 
  • Suspending the paying parent’s professional license 
  • Garnishing the paying parent’s wages 
  • Levying the paying parent’s bank accounts 
  • Reporting the paying parent’s non-payment to credit bureaus 
  • Issuing liens on the paying parent’s real and personal property 
  • Intercepting the paying parent’s lottery winnings 
  • Intercepting the paying parent’s unemployment or workers’ compensation benefits

Receiving parents may also turn to the family law courts for assistance by requesting the court to hold the paying parent in contempt. This can result in serious penalties, including jail time, for the paying parent. If you would like to file such a motion against your ex, who is not paying child support, please contact a Bethesda child support lawyer

When Can I (or My Former Spouse or Partner) Seek to Modify Child Support?

Child support orders must be followed according to their terms after a divorce. If a parent cannot do so, he or she may file a motion with the court requesting that the order be modified. To obtain a modification, the requesting parent must show that the parties’ circumstances have materially changed since the ordinal child support order. 

Material changes can be demonstrated by showing the following: 

  • The requesting parent lives with the child and is contributing to the child’s support
  • The requesting parent is unemployed, has no financial resources from which to pay child support, and (1) is incarcerated and expected to remain incarcerated for the remainder of the child support period, (2) is institutionalized and is expected to remain institutionalized for the remainder of the child support period, (3) is totally and permanently disabled, is unable to obtain employment, and has no income other than Social Security benefits, or (4) is unable to obtain employment in the foreseeable future due to compliance with criminal detainment, hospitalization, or a rehabilitation treatment plan. 

Material changes may also include major changes in the parents’ income or changes in the needs of the child. 

You should not attempt to modify the terms of your child support order through informal means, even if you and your ex agree to the changes. Modifications should always be made through official channels — i.e., the courts. If you’d like to modify the terms of an existing child support order, a Bethesda child support lawyer can assist you.

Schedule a Free Initial Consultation with a Bethesda Child Support Lawyer Today

If you need to know more about your right to receive (or obligation to pay) child support in Bethesda, we encourage you to get in touch. Call 240-395-1418 or contact us online to schedule a free initial consultation today.