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Departure from Child Support Guidelines
In general, child support awards based on application of the guidelines are regarded as being presumptively valid. Nevertheless, its validity can be challenged by showing that application of the guidelines will be unfair or inappropriate in a particular case. Therefore, in departing from the use of the guidelines, the following considerations can be factored by the court:
1. The terms of any existing separation or property settlement agreement or court order, including any provisions regarding mortgage payments or marital debts, college education expense payments, the terms of any use and possession order, any agreement regarding direct payments for the children’s benefit, or any other financial consideration contained with an existing separation or property settlement agreement or court order; AND
2. The existence in either parent’s household of other children for whom that parent is providing support and paying expenses
Modification of Child Support Awards
Child support awards can be modified where there is a material change in circumstance. That is, the change is of such a significant degree as to necessitate a change. Where a modification has been granted, the award amount can be retroactively applied, but not prior to the date the motion for modification was filed.
A material change in circumstance can occur in two instances:
1. Where there is a general change in circumstances, needs, and pecuniary condition of the parties. For example, if a father loses his job which pays $170,000 per year, this is a material change in circumstance. Additionally, if there is a change in a child’s needs, this would warrant a modification of support.
2. Where application of the guidelines would result in a significant change of child support obligations. The threshold for showing a change in circumstances has historically been 25%, but this is not a hard and fast rule. If a parent shows less than a 25% change in support obligations, the court may still award a child support modification.
In instances where a modification is requested and granted so that the non-custodial parent is now paying less than what was previously paid, a recoupment of overpaid child support will not be allowed. The general opinion of Maryland courts toward recoupment of overpaid child support is that it would deprive a child of the benefits he or she has already received. Therefore, the courts regard such overpayments as a volunteered gift and will likely deny such a request.
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