How Is Child Support Calculated in Maryland?
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.