Divorce is a difficult and often emotional experience, especially for those coming out of an unhappy marriage, and when children are involved, the stakes become even higher. One of the most crucial aspects of divorce for parents is determining child support. Child support is meant to ensure that children continue to receive the financial support they need from both parents after the family separates. In Maryland, child support is governed by specific guidelines that take into account various factors, from both parents' income to the number of children involved.

At Milstein Siegel, LLC, we help clients navigate the complexities of Maryland’s child support system, ensuring that support obligations are calculated fairly and that agreements are enforced properly. This comprehensive guide to child support in Maryland will walk you through the essential aspects of calculating child support obligations, modifying existing child support orders, and enforcing child support agreements.

Understanding Child Support Guidelines in Maryland

Child support in Maryland is primarily determined by guidelines established by the Maryland Child Support Administration (CSA). These guidelines are intended to ensure that children receive adequate financial support, with both parents contributing to the child’s well-being based on their income and financial resources.

What is Included in Child Support?

Child support obligations in Maryland typically cover the following:

• Basic support: This includes costs for housing, food, and clothing.
• Medical support: If one parent is responsible for health insurance coverage, child support may include a portion of the child’s medical expenses, such as doctor visits, prescriptions, and other healthcare needs.
• Childcare: If the custodial parent is working or attending school, child support can include contributions to childcare expenses.
• Educational expenses: Though not automatically included, child support can sometimes cover costs related to the child’s education, including tuition, tutoring, and special education services.
• Other special needs: If a child has special needs, the support may extend to covering other associated expenses, such as therapy, specialized care, or equipment.

How is Child Support Calculated?

Maryland uses a shared custody model, which means the court will factor in the amount of time each parent spends with the child when determining child support obligations. The primary formula used to calculate child support is based on the Income Shares Model, which takes into account the income of both parents, the number of children, and the amount of time each parent spends with the child.

Key Factors in Child Support Calculations:

1. Income of both parents: This includes wages, bonuses, commissions, alimony, and any other income sources.
2. Number of children: The more children involved, the higher the support obligation.
3. Custody arrangement: In shared custody cases, the parent who spends fewer nights with the child typically pays child support to the other parent. If one parent has sole physical custody, the non-custodial parent will usually be required to pay child support.
4. Health insurance and medical expenses: The cost of providing medical coverage is factored into the overall child support obligation.
5. Childcare costs: If the custodial parent requires daycare or other childcare, those costs can be included in the child support calculation.

Once the income of both parents is determined, Maryland’s child support guidelines provide a calculation table that helps determine the basic amount of support that should be paid. However, this can be adjusted based on the specific needs of the child and the financial situation of the parents.

At Milstein Siegel, LLC, we help ensure that child support is calculated fairly, accurately, and in accordance with Maryland’s guidelines, taking into account all relevant factors.

Modifying Existing Child Support Orders

Life is dynamic, and circumstances often change after a child support order is established. It is essential for parents to understand that child support orders can be modified if there is a significant change in circumstances.

Common Reasons for Modifying Child Support:

• Change in income: If either parent experiences a significant increase or decrease in income, such as a job loss, a promotion, or a change in employment status, this may warrant a modification.
• Change in custody arrangement: If there is a change in the physical custody or visitation schedule (such as the child spending more time with one parent), this can influence the amount of support needed.
• Healthcare or childcare expenses: A change in the child's healthcare needs or childcare costs may also justify a modification in the child support agreement.
• Children turning 18: In Maryland, child support typically ends when a child turns 18, but this can vary if the child is still in high school or has special needs.

How to Request a Modification

To modify a child support order, one or both parents must file a request with the court. It’s important to demonstrate that there has been a substantial and material change in circumstances. If both parents agree to the modification, the court will typically approve the change. However, if there is disagreement, a hearing may be required.

Milstein Siegel, LLC can assist in preparing the necessary documentation, negotiating with the other party, and advocating on your behalf in court to ensure that any modification is in your child's best interests.

Enforcing Child Support Agreements

Once a child support agreement has been established, it is crucial that both parents adhere to the terms of the order. Unfortunately, some parents fail to make their child support payments on time or at all, which can put a significant strain on the custodial parent and the child. In these cases, it is important to understand the available enforcement mechanisms.

Legal Options for Enforcing Child Support in Maryland:

1. Income Withholding: If a parent is consistently late or fails to make child support payments, the court may order that the payments be automatically deducted from their paycheck.
2. Contempt of Court: If a parent fails to pay child support, they may be found in contempt of court, which can lead to fines, wage garnishment, or even jail time in extreme cases.
3. Liens on Property: The state can place a lien on a parent’s property (such as real estate, vehicles, or bank accounts) if they fall behind on child support payments.
4. Intercepting Tax Refunds: In some cases, the Maryland Child Support Administration can intercept a parent’s state or federal tax refund to cover overdue child support payments.
5. Suspension of Licenses: In cases of non-payment, a parent’s driver’s license, professional license, or recreational license (e.g., hunting or fishing license) may be suspended.
6. Reporting to Credit Bureaus: Non-payment can be reported to credit bureaus, which may impact a parent’s credit score and future financial opportunities.

Milstein Siegel, LLC offers strong advocacy for clients who are facing non-payment of child support or struggling to ensure they can meet their obligations. We work closely with clients to explore all available enforcement options and ensure that child support agreements are upheld.

The Importance of Legal Representation in Child Support Matters

While the child support guidelines in Maryland are designed to be clear and accessible, the process of calculating, modifying, and enforcing child support can become complicated. Whether you are a custodial parent seeking a fair child support arrangement or a non-custodial parent who believes the current order is unfair, having an experienced attorney on your side is critical to navigating the process.

Milstein Siegel, LLC’s family law team has deep experience in child support cases, and we are committed to ensuring that both parents’ rights are protected while prioritizing the well-being of the children involved. We offer personalized support, helping you understand the process and advocating for a fair outcome at every stage.

Conclusion

Child support is a critical element in ensuring that children’s needs are met after a divorce or separation. Understanding Maryland’s child support guidelines and the factors that influence support obligations can help both parents navigate the complex process of establishing and modifying support orders. Additionally, having the right legal team to enforce child support agreements is essential for the financial well-being of both the custodial parent and the child.

At Milstein Siegel, LLC, we are here to guide you through the comprehensive guide to child support in Maryland, offering expert advice and strong legal representation to help ensure fair, timely, and adequate support arrangements. Whether you are seeking to establish or modify child support, or need assistance enforcing an existing order, our experienced team is here to help.