3 Myths About Modifying Or Terminating Child Support In Maryland

As Maryland family law attorneys, we speak with many parents who have questions about child support after their divorce or custody case has been resolved. While child support orders are meant to provide stability for children, life circumstances often change.

Parents sometimes experience shifts in income, employment, family structure, or their child’s needs, and these changes can lead them to ask whether their current child support arrangement can be modified or even terminated. Unfortunately, there is a lot of misinformation about how child support works in Maryland once an order is in place. These misunderstandings can lead to costly mistakes and unrealistic expectations.

We want to clear up some of the most common myths we hear from clients and explain how child support modifications really work under Maryland law. Our goal is to give you a clear, accurate understanding so you can make informed decisions about your situation. We have represented many parents in Montgomery County and across the state, and we know that having the right information can make a significant difference in both your approach and your results.

Below, we will address three widespread myths about modifying or terminating child support in Maryland and provide practical insight into each. By understanding the truth behind these myths, you can better plan for the future and protect your financial and parental rights.

Myth #1: Child Support Automatically Changes When Income Changes

One of the most common misunderstandings we see is the belief that if a parent’s income changes, whether it increases or decreases, child support will automatically be adjusted. This is not how Maryland law works. Child support orders remain in effect at the amount stated in the court’s order until a judge officially modifies them.

Even if you experience a significant drop in income due to job loss, illness, or reduced work hours, your payment obligation stays the same unless and until the court issues a new order. The same is true if your income increases. Without a court-ordered change, your child support remains at the same amount, regardless of your new earnings.

It is important to understand that if your income changes, the burden is on you to take action. You must file a request with the court to modify your child support order. The court will require you to show that a material change in circumstances has occurred since the last order was entered. This could include changes in income, changes in the child’s needs, or other relevant factors.

We have seen many cases where parents assume they can simply pay less when their income drops, only to end up owing thousands in unpaid child support because the court order was never changed. On the other side, parents who are entitled to more support due to the other parent’s increased income may miss out on financial assistance they could receive because they never requested a review. The takeaway is simple: child support will not change on its own, you have to take formal steps to request a modification.

Myth #2: Child Support Automatically Ends When A Child Turns 18

Another common misconception is that child support in Maryland stops automatically on a child’s eighteenth birthday. While turning 18 is often a factor, Maryland law has specific rules about when child support ends. In many cases, child support continues until the child graduates from high school or turns 19, whichever happens first, as long as the child is still enrolled in high school.

This means that if your child turns 18 in the middle of their senior year, you will likely continue paying child support until they graduate. Likewise, if a child repeats a grade or starts school late and is still in high school past their 18th birthday, the obligation may extend until age 19.

Additionally, there are situations where child support can continue beyond high school graduation, such as when a child has special needs or is unable to become self-supporting due to a disability. These cases are evaluated individually, and the court will determine the appropriate duration of support.

We often meet with parents who mistakenly stop paying once their child turns 18, assuming the obligation has ended. This can lead to enforcement actions, including wage garnishments, contempt of court charges, and additional legal expenses. The safest and most reliable way to end a child support obligation is to confirm with the court that payments are no longer required.

Myth #3: Parents Can Agree Between Themselves To Change Or End Child Support

Many parents believe that if both parties agree, they can change the amount of child support or stop payments altogether without going through the court. While it may seem logical that an agreement between parents should be enough, in Maryland, this is not legally binding unless the court approves it.

Child support is considered the right of the child, not the parents. Because of this, the court retains authority over the terms of support to ensure the child’s needs are met. Even if both parents are on the same page and sign a written agreement, that agreement cannot override a court order unless a judge modifies the order.

We understand that informal agreements often seem convenient, especially when parents get along well. However, these arrangements can backfire. If one parent later changes their mind, the original court order remains enforceable, and the other parent could face demands for back payments they thought were no longer required.

The only way to safely and legally change or terminate child support is to file a request with the court and have a judge approve the modification. This protects both parents from future disputes and ensures that the child’s needs remain the central focus.

Why Understanding These Myths Matters

Believing these myths can create serious legal and financial problems. If you rely on incorrect information, you could end up owing back child support, missing out on support you are entitled to receive, or making agreements that will not hold up in court. By understanding the correct process, you can take the right steps to protect your interests and your child’s well-being.

FAQs About Modifying Or Terminating Child Support In Maryland

Can Child Support Be Changed If My Income Goes Down?

Yes, but it will not change automatically. You must request a modification from the court, and

you will need to show that there has been a significant change in circumstances since the last order. Until the court issues a new order, you must continue paying the original amount.

Can I Stop Paying When My Child Turns 18?

Not always. In Maryland, child support generally continues until the child graduates from high school or turns 19, whichever comes first, as long as the child is still enrolled in high school. If your child has special needs, support may continue beyond this point.

What Happens If We Agree To End Child Support Without Court Approval?

Your agreement will not override the court order. The original order will remain enforceable, and you could be required to pay back support if the other parent changes their mind. Always get court approval for changes.

Can Child Support Increase If My Income Goes Up?

Yes, if the other parent requests a modification and the court finds that your increased income is a material change in circumstances, the court may increase the amount.

Do I Have To Go To Court To Change Child Support?

Typically, yes. While some cases can be resolved through the child support enforcement agency, any change to a court order must be approved by a judge.

What If I Lose My Job And Can’t Pay?

You should request a modification as soon as possible. The court may adjust your payments based on your new income, but it will not reduce your obligation retroactively for the time before you file your request.

Does Child Support Cover College Expenses?

In Maryland, child support generally ends when the child graduates high school or turns 19. College expenses are not automatically included, but parents can agree to share them in a court-approved agreement.

What Evidence Do I Need To Request A Modification?

You should provide documentation of any change in circumstances, such as pay stubs, tax returns, proof of unemployment, or evidence of changes in your child’s needs.

Can The Court Deny A Modification Request?

Yes, if the court finds that there has not been a substantial change in circumstances, it may deny

the request and keep the existing order in place.

Is There A Waiting Period Before Requesting A Modification?

There is no fixed waiting period, but you must show a valid reason for the change. Repeated requests without new circumstances are unlikely to succeed.

Call Shah & Kishore For A Free Consultation

If you have questions about modifying or terminating child support in Maryland, our team at Shah & Kishore is here to help. We understand how important it is to get accurate answers and take the right steps to protect your rights and your child’s future. From our Rockville office, we represent clients throughout Montgomery County and across the state.

Contact our Maryland divorce attorney at (301) 315-0001 to arrange a free consultation. We will review your situation, explain your options, and guide you through the process of requesting a modification or termination of child support.