Understanding Child Support Under Maryland Law
When parents separate or divorce, one of the most important issues to address is ensuring that their children continue to receive the financial support they need. Maryland law recognizes that both parents have a legal obligation to support their children. Child support is intended to help provide for a child's daily needs, including housing, food, clothing, education, medical care, and other necessary expenses.
Whether you are seeking child support for the first time, responding to a request for support, or considering a modification of an existing order, understanding how Maryland child support laws work can help you make informed decisions. While every family is unique, this guide provides an overview of the child support process and answers many of the questions parents frequently have.
How Is Child Support Calculated in Maryland?
In many cases, child support is calculated using the Maryland Child Support Guidelines. These guidelines are designed to promote fairness and consistency by considering each family's financial circumstances.
When determining child support, the court may consider factors such as:
Each parent's actual income
The number of children
The amount of time each child spends with each parent
Work-related childcare expenses
Health insurance premiums for the child
Extraordinary medical expenses
Other factors permitted under Maryland law
Although the Guidelines provide a framework for calculating support, the appropriate amount depends on the specific facts of each case.
What Counts as Income?
Determining each parent's income is often one of the most important—and sometimes most disputed—parts of a child support case.
Depending on the circumstances, income may include:
Wages and salary
Overtime
Bonuses
Commissions
Self-employment income
Rental income
Investment income
Retirement income
Certain disability benefits
Other income recognized under Maryland law
In some situations, the court may also consider whether a parent is voluntarily unemployed or underemployed and whether income should be attributed to that parent based on the evidence presented.
Does 50/50 Custody Mean There Is No Child Support?
Not necessarily.
Many parents believe that equal parenting time automatically eliminates child support. In reality, parenting time is only one part of the calculation.
Even when parents share physical custody, child support may still be appropriate depending on:
The income of each parent
Health insurance expenses
Childcare costs
The number of overnights each parent has with the child
Other financial circumstances
Every case is different, and equal parenting time does not automatically mean that no child support will be ordered.
What Expenses Does Child Support Cover?
Child support is intended to help meet a child's reasonable needs.
While every family is different, child support generally helps cover expenses related to:
Housing
Food
Clothing
Utilities
Transportation
School supplies
Routine educational expenses
Medical care
Daily living expenses
Additional expenses—such as work-related childcare, health insurance premiums, uninsured medical expenses, therapy, tutoring, or extracurricular activities—may also be addressed depending on the circumstances and the terms of the court order.
Health Insurance and Medical Expenses
Maryland child support orders frequently address responsibility for maintaining health insurance coverage for a child and paying uninsured medical expenses.
These expenses may include:
Doctor visits
Prescription medications
Dental treatment
Vision care
Counseling or therapy
Other medically necessary services
The court may allocate these costs between the parents in a manner that is appropriate under the circumstances.
Childcare Expenses
When childcare is necessary because a parent is working or attending school, those costs may be considered as part of the child support calculation.
Examples include:
Daycare
Before-school care
After-school care
Summer childcare programs
Accurate documentation of childcare expenses is often important during the child support process.
Can Child Support Be Modified?
Yes.
Child support orders may be modified when there has been a material change in circumstances. Common reasons a parent may seek a modification include:
A significant increase or decrease in income
A change in employment
A change in the parenting schedule
Increased childcare expenses
Changes in health insurance costs
A child's changing needs
Until a court approves a modification, the existing child support order generally remains in effect.
What Happens If Child Support Is Not Paid?
Failure to comply with a child support order may result in significant legal consequences.
Depending on the circumstances, enforcement options may include:
Income withholding
Contempt proceedings
Interception of tax refunds
Liens against property
Suspension of certain licenses
Other enforcement remedies authorized by Maryland law
If a parent is experiencing financial hardship, it is generally advisable to seek legal guidance and, if appropriate, request a modification rather than simply stopping payments.
Frequently Asked Questions
Do both parents have to support their children?
Yes. Maryland law recognizes that both parents share a legal responsibility to support their children financially.
If I lose my job, does my child support automatically change?
No. A child support order remains in effect until it is modified by the court. If your financial circumstances change substantially, you may be able to request a modification.
Can we agree to a different amount without going to court?
Parents may reach agreements regarding child support in some circumstances. However, it is generally advisable to have any agreement reviewed and approved by the court to ensure that it is enforceable and complies with Maryland law.
What if the other parent refuses to pay?
Depending on the circumstances, legal remedies may be available to enforce a child support order. An attorney can help you evaluate your options.
Common Misconceptions About Child Support
"We share custody equally, so no one pays child support."
Not necessarily. Equal parenting time does not automatically eliminate child support. The court also considers each parent's income and other financial factors.
"I can stop paying because I lost my job."
No. Existing court orders remain enforceable until they are modified. If your financial circumstances have changed, you should seek a modification rather than simply stopping payments.
"We made a private agreement, so the court order no longer matters."
Not usually. Informal agreements may not change a court order. To avoid future disputes, significant changes to child support should generally be reflected in a new court order.
Attorney's Practice Tip
Child support cases often involve more than simply entering numbers into a worksheet. Questions regarding income, parenting schedules, self-employment, bonuses, childcare costs, and medical expenses can significantly affect the outcome. Maintaining accurate financial records and understanding your legal rights before reaching an agreement can help you avoid costly mistakes.
How the Law Office of Neveen Kurtom Can Help
Whether you are establishing child support for the first time, responding to a request for support, seeking to modify an existing order, or enforcing a child support obligation, having experienced legal guidance can make a meaningful difference.
The Law Office of Neveen Kurtom represents clients throughout Maryland in child support, child custody, divorce, and other family law matters. We work closely with our clients to explain the law, protect their interests, and pursue practical solutions that support the well-being of their families.
If you have questions about child support or another family law issue, contact the Law Office of Neveen Kurtom at (301) 356-4423 to schedule a consultation and discuss your circumstances.
Disclaimer: The information provided on this page is for general educational purposes only and is not legal advice. Reading this guide does not create an attorney-client relationship. Because every case is unique, you should consult with an attorney regarding your specific circumstances.