One of the most common questions I hear from parents going through a separation, custody case, or divorce is: How much will child support actually be?

Parents also often assume that if they share custody equally, neither parent will have to pay child support. That is not necessarily true.

Maryland has child support guidelines, but the calculation involves more than simply looking at each parent's salary. Parenting time, child care costs, health insurance, medical expenses, and other factors can all affect the amount of support that is ultimately paid.

Here are some of the main things parents should understand.

It Starts With Both Parents' Income

Maryland's child support guidelines generally begin with the income of both parents. The parents' adjusted actual incomes are combined, and the guidelines determine a basic child support obligation based on the combined income and number of children. Each parent's share is then based, in part, on his or her proportion of the combined income. The important point is that “income” is not always as simple as someone's regular paycheck.

Bonuses, commissions, self-employment income, business income, and other sources of income may need to be considered. When someone's income fluctuates or a parent owns a business, determining the appropriate income figure can become a significant issue. In some cases, the court may also consider potential income when a parent is voluntarily impoverished.

Does 50/50 Custody Mean No Child Support?

No. This is one of the most common misconceptions I hear.

The number of overnights the children spend with each parent can affect the child support calculation, but an equal parenting schedule does not automatically eliminate child support. If one parent earns substantially more than the other, for example, there may still be a child support obligation even when the children spend equal time with both parents. This is why it is difficult to estimate child support based on the custody schedule alone. The income figures and other expenses matter too.

Child Care, Health Insurance and Medical Expenses Matter

The calculation may also take into account certain expenses being paid for the children. Work-related child care is one example. The cost of providing health insurance for the children may also be relevant, as can certain extraordinary medical expenses. These expenses can make a meaningful difference in the final calculation, so parents should have documentation showing what they actually pay.

What About Sports and Extracurricular Activities?

This comes up frequently, especially with children who participate in competitive sports, gymnastics, dance, camps, tutoring, or other activities. Parents should not assume that every extracurricular expense will simply be added to the Maryland child support guidelines. These expenses may instead need to be addressed separately in a custody agreement, marital settlement agreement, consent order, or court order.

If parents are negotiating an agreement, it is important to be specific. Saying that the parents will “split extracurricular activities” sounds straightforward, but it can create problems later.

Does each parent have to agree to the activity first? Is there a limit on the cost? Does “extracurricular” include summer camp? Private lessons? Travel teams? Addressing those details now can prevent another dispute later.

Can Child Support Change?

Yes.

A child support order entered today does not necessarily remain the same until the child turns 18. If circumstances materially change, a parent may have grounds to request a modification. A significant change in income, a change in the custody schedule, or substantial changes in child care, health insurance, or the child's needs may justify reviewing the existing order.

What parents should not do is simply decide on their own to stop paying or reduce court-ordered child support because their circumstances have changed. If there is an existing order, the safer approach is to determine whether a formal modification should be requested.

Bring the Right Financial Information

If child support is going to be an issue in your case, come prepared. Pay stubs, tax returns, W-2s or 1099s, child care invoices, health insurance information, and documentation of significant expenses for the children can all be important.

And if you believe the other parent's stated income does not accurately reflect what he or she actually earns, that is something you should discuss with your attorney. The numbers used in the calculation matter.

Have Questions About Maryland Child Support?

Maryland has child support guidelines, but every family's financial situation is different. A guideline calculation that looks simple on paper can become more complicated when there are significant income differences, shared custody, bonuses, self-employment income, child care costs, or other expenses.

If you are going through a divorce or custody case, seeking child support, or wondering whether an existing child support order should be modified, it is important to understand how the guidelines apply to your circumstances.

The Law Office of Neveen Kurtom, LLC represents clients in Maryland divorce, child custody, child support, modification, and other family law matters.

Law Office of Neveen Kurtom, LLC
1 Research Court, Suite 450
Rockville, Maryland 20850
(301) 356-4423

Experienced Guidance. Strategic Advocacy. Compassionate Representation.

This article is provided for general informational purposes only and is not legal advice. Every case is different. Reading this article or contacting the firm does not create an attorney-client relationship.

A child custody order may have worked well when it was first entered, but families and children change. A parent's work schedule may change, a child may begin attending a different school, one parent may relocate, or new concerns may arise regarding a child's education, medical care, or overall well-being.

When circumstances change significantly, a parent may wonder whether a Maryland court will modify an existing custody order.

Maryland Courts Generally Require a Material Change in Circumstances

A parent seeking to modify custody generally must first establish that there has been a material change in circumstances since the existing custody order was entered.

Not every disagreement or change will meet that standard. The change must be significant enough to potentially affect the child's welfare or the existing custody arrangement.

Depending on the circumstances, issues that may be relevant can include:

• A substantial change in a parent's living situation or availability;

• A parent's relocation;

• Significant changes in a child's educational, medical, or developmental needs;

• Ongoing problems with the existing parenting schedule;

• A parent's repeated failure to follow the custody order;

• Serious communication or co-parenting difficulties affecting important decisions for the child; or

• Other circumstances affecting the child's health, safety, stability, or well-being.

Every custody case is different, and the existence of a changed circumstance does not automatically mean that custody will be modified.

The Best Interests of the Child Remain the Focus

If the court determines that a material change has occurred, the court then considers whether modifying custody would be in the best interests of the child.

Maryland courts may consider numerous factors when determining what custody arrangement serves a child's best interests. Those considerations can include the child's relationship with each parent, the parents' ability to communicate regarding the child, the child's needs, the stability of each household, the child's school and community connections, and each parent's ability to support the child's relationship with the other parent.

There is no single factor that determines the outcome of every case.

Legal Custody and Physical Custody Are Different

Parents considering a modification should also understand the distinction between legal custody and physical custody.

Legal custody concerns decision-making authority for major issues affecting a child, such as education, medical care, and other significant matters. Physical custody generally concerns where the child lives and the parenting-time schedule.

A dispute does not always require changing both. In some cases, the primary problem may involve decision-making rather than the amount of parenting time each parent receives. In others, a child's schedule or circumstances may require changes to physical custody while the existing legal custody arrangement remains appropriate.

Should You Document Problems Before Seeking a Modification?

Documentation can be important in a contested custody modification case.

Parents should consider maintaining organized records of significant events relating to the child and the existing custody arrangement. Depending on the issues involved, relevant information might include communications between the parents, school records, medical information, parenting schedules, missed exchanges, or other documentation relating to the circumstances underlying the requested modification.

At the same time, custody cases should remain focused on the child rather than documenting every minor disagreement between parents.

Do Not Assume an Informal Agreement Changes the Court Order

Parents sometimes agree between themselves to follow a different schedule from the one contained in their custody order.

An informal arrangement, however, does not necessarily replace the existing court order. If circumstances have changed substantially and the parents intend for a new arrangement to continue, they should consider whether the custody order itself should be formally modified.

Speak With a Maryland Family Law Attorney About Your Custody Order

Whether a custody modification is appropriate depends heavily on the facts of the individual case. Before filing a motion, it can be helpful to evaluate what has changed since the prior order, whether those changes are legally significant, and what evidence may be necessary to establish that the requested modification is in the child's best interests.

The Law Office of Neveen Kurtom, LLC represents clients in child custody, custody modification, divorce, child support, and other family law matters in Maryland.

Law Office of Neveen Kurtom, LLC
1 Research Court, Suite 450
Rockville, Maryland 20850
(301) 356-4423

Experienced Guidance. Strategic Advocacy. Compassionate Representation.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Reading this article or contacting the firm does not create an attorney-client relationship.

As Maryland families prepare for the start of a new school year, back-to-school season can bring more than new schedules, activities, and homework. For separated and divorced parents, it can also highlight problems with an existing child custody or parenting-time arrangement.

Changes in school schedules, transportation needs, extracurricular activities, before and after school care, and a child's changing needs can create disagreements between parents. Taking the time to review your existing custody order before the school year gets underway can help identify potential issues before they become larger disputes.

Review Your Existing Custody Order

Parents should begin by reviewing the specific language of their custody order or parenting agreement. A Maryland custody order may address physical custody, parenting time, legal custody, decision-making authority, transportation, holidays, vacations, and other matters involving the child.

Parents should not assume that an arrangement that worked during the summer will necessarily translate smoothly into the school year.

Questions may arise regarding:

• Who is responsible for school drop-off and pick-up?

• How will transportation work for extracurricular activities?

• Who will attend parent-teacher conferences and school events?

• How will parents communicate about homework, grades, and school concerns?

• Who has authority to make educational decisions?

• How will unexpected school closures or early dismissals be handled?

• How will sports and extracurricular activities affect parenting time?

Addressing these issues early can reduce confusion for both parents and children.

Who Makes Educational Decisions?

Legal custody and physical custody are different concepts under Maryland law.

Physical custody generally concerns where a child spends his or her time. Legal custody concerns a parent's authority to make important decisions affecting the child, which may include decisions regarding education, medical care, religion, and other significant matters.

Depending on the custody order, parents may share decision-making authority, one parent may have sole legal custody, or the order may provide one parent with tie-breaking authority over certain decisions.

Before making a significant educational decision, particularly one involving a change of schools, it is important to understand exactly what the existing custody order provides.

When the Existing Parenting Plan Is No Longer Working

Children and families change over time. A custody arrangement entered several years ago may become difficult to follow as children get older, begin attending different schools, participate in additional activities, or develop different educational or transportation needs.

A parent's circumstances can change as well. Employment schedules, residences, commuting requirements, and other significant circumstances may affect whether an existing parenting arrangement remains practical.

When parents cannot agree on changes, one or both parents may consider whether modification of an existing custody order is appropriate. Maryland courts generally require a party seeking modification to establish a material change in circumstances before the court considers whether a modification would be in the child's best interests.

Whether a particular change is sufficient to justify modification depends on the specific facts and circumstances of the case.

Avoid Making Unilateral Changes

When disagreements arise, parents should be cautious about making significant unilateral decisions that may conflict with the terms of an existing custody order.

Before changing a child's school, substantially altering a parenting schedule, or making another significant decision, review the custody order carefully and determine which parent has the authority to make that decision.

When the language of an order is unclear or the parents cannot reach an agreement, obtaining legal advice before taking action may help prevent a disagreement from developing into additional litigation.

Planning Ahead Can Make the School Year Easier

The beginning of a new school year is a natural time for parents to evaluate whether their existing custody and parenting arrangements continue to meet their children's needs.

Clear expectations regarding schedules, transportation, school activities, communication, and decision-making can help parents reduce conflict and provide children with greater consistency throughout the school year.

The Law Office of Neveen Kurtom, LLC represents clients throughout Maryland in matters involving divorce, child custody, custody modification, child support, and other family law matters.

To discuss a Maryland family law matter, contact the Law Office of Neveen Kurtom, LLC at (301) 356-4423.

This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship.