Maryland Child Support Guidelines

When you separate or divorce, child custody and support are the hardest issues to resolve. Some couples can negotiate the amount of child support on their own. Others must rely on the courts to determine child support terms. When this happens, the family law judge will sign a court order indicating how much support the non-custodial parent (NCP) must pay.

When doing so, the judges use the state child support guidelines. These guidelines dictate how much the NCP will pay the other parent monthly child support.

Here, we'll explain how the Maryland child support guidelines work and discuss the factors that can impact the NCP's payment amount. If you have child support issues, contact a Maryland family law attorney.

Why Do the Maryland Courts Use Child Support Guidelines?

Under the Code of Federal Regulations §45.302.56, every state must establish child support guidelines and update them at least once every four years. This law also requires lawmakers to consider the NCP's income, essential expenses, and specific circumstances when crafting the guidelines.

Federal law also states that there is a rebuttable presumption that the child support amount determined by the guidelines is correct. The NCP must submit enough evidence to show they cannot afford to pay the requisite amount. Otherwise, the child support order will stand, and noncompliance on the part of the NCP will result in potential civil and criminal penalties.

Maryland law holds that every child has the right to receive support from both parents, even if the parents are divorcedlegally separated, or were never married in the first place. The guidelines use parents' income to determine basic child support obligations with this in mind.

What Factors Do the Child Support Guidelines Include?

As stated above, some couples can agree on child support without the court's intervention. In these child support cases, there's no need for the guidelines. Of course, the parties may ask their attorney to run the numbers to see the guidelines amount. But, Maryland's strict child support guidelines do not strangle their negotiations.

When the courts are involved in determining child support, they rely on several objective factors, such as:

  • The number of children
  • Health insurance expenses
  • Which parent is paying for the child's healthcare
  • Related childcare expenses
  • Pre-existing child support (from another relationship)
  • Social Security income
  • The number of overnights each parent has with their child
  • The combined income of the NCP
  • All monthly income for the parents

Regardless of this information, the court's primary interest is the best interests of the child. The child support award will reflect this.

Child Support Statutes in Maryland at a Glance

The following table highlights the main provisions of Maryland's Child Support laws.

Who is responsible?

Both parents

How is support calculated?

The courts calculate child support using a formula dictated by the Maryland Code Family Law §12–204.

Factors

Under MD Code, Family Law, §12-202, the courts determine child support obligations using both parents' combined adjusted actual income. Even if a parent is not working, the courts will use their potential income.

What expenses does the court include in a support order?

Under §12-201, Rule 9-206, and §12-102, the court may include the following in a support order:

  • Childcare expenses
  • Health insurance coverage
  • Medical expenses
  • Educational expenses
  • Travel expenses
How long must a parent pay child support?

Under relevant state law, the NCP must pay their child support obligations until their child's 18th birthday or their high school graduation, whichever is later. But, the obligor’s payments will not continue once the child turns 19. Obligations end earlier if the child becomes emancipated.

How do the courts calculate child support in Maryland?
  • Maryland uses what's known as an "income shares model" for its child support guidelines.
  • This model accounts for the combined income of both parents, the number of minor children, the children's health insurance costs, any child support the NCP already pays for other children, any alimony obligations, and the child's extraordinary medical expenses.
  • The goal is for the child to get the same proportion of parental income as they would if the parents still lived together. A new custody arrangement should not affect a child’s welfare.
  • The Maryland Child Support Enforcement Administration (CSEA) provides a child support guideline calculator that estimates the parent's share of support given shared physical custody.
Local child support offices
Maryland child support formula

Maryland Child Support Calculator

How To File for Child Support in Maryland

The Child Support Enforcement Administration oversees child support services in Maryland. Any custodian, including parents, aunts, uncles, grandparents, or legal guardians, is eligible for support. It all depends on the facts of a particular case.

The CSEA is a valuable resource for:

To get child support services, the custodian must complete the Application for Support Enforcement Services and file it with your local child support office.

Note: State laws frequently change due to new legislation, higher court rulings, etc. Contact a family law attorney in Maryland or conduct legal research to verify your state's child support laws.

Contact an Experienced Maryland Child Support Lawyer for Help

Maryland's child support laws can be complex, so it's best to seek legal advice from a Maryland family law attorney before you agree on child support. You can also visit FindLaw's sections on Child CustodyChild Support Modifications, and Child Support Enforcement for more articles and resources on this topic.

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