Modification of Child Support
Child support awards can be modified if there is a significant “material change in circumstance.” (It can also be retroactively applied, but not prior to the date the motion for modification was filed.)
A material change in circumstance can occur when:
- There is a general change in circumstances, needs, and financial condition of the spouses. This could include a parent losing their job or a change in a child’s needs.
- Application of the guidelines would result in a significant change of child support obligations.
A material change is historically defined as 25% or greater, but a change of less than 25% may still result in child support modification. If a modification results in a lower payment, the parent who pays child support may not recoup overpaid child support.
Frequently Asked Questions About Modification Of Child Support In Maryland
What is a material change in circumstances?
A material change in circumstances refers to a significant change in the financial situation or needs of either parent or the child. Examples include a substantial increase or decrease in income, changes in employment status, or changes in the child’s needs (e.g., medical expenses).
How do I request a modification of child support?
To request a modification, you must file a motion for modification with the court that issued the original child support order. You will need to provide evidence of the material change in circumstances and complete the necessary forms.
What forms do I need to file for a modification?
You will need to file a Petition to Modify Child Support (form CC-DR-006) and a Financial Statement (form DR-006). These forms are available on the Maryland Courts website.
How long does it take to process a modification request?
The time it takes to process a modification request can vary. It depends on factors such as the court’s schedule, the complexity of the case, and whether both parties agree to the modification.
Can I modify child support without going to court?
While it’s possible to reach an agreement with the other parent and submit a joint request for modification, the court must still review and approve the change to ensure it is fair and in the child’s best interests.
What happens if the other parent disagrees with the modification request?
If the other parent disagrees, the court will schedule a hearing to consider both parties’ arguments and evidence. The judge will then make a decision based on the best interests of the child.
Are there any fees associated with filing a modification request?
There may be filing fees associated with submitting a modification request. It’s a good idea to check with the court for the exact fees and any potential waivers or reductions.
Can child support be modified retroactively?
Generally, modifications are not retroactive. The new support amount will apply from the date the modification is approved, not from the date the request was filed.
What should I do if my financial situation changes temporarily?
If your financial situation changes temporarily, you can still file a motion for modification. However, it’s important to provide evidence that the change is significant and not just a short-term fluctuation.
How can I ensure the modification is enforced?
Once the court approves the modification, the new child support order will be legally binding. If the other parent fails to comply, you can seek enforcement through the court, which may include wage garnishment or other measures.
Contact Our Montgomery County Child Support Attorney
If you are seeking advice about modification of child support in Maryland reach out to our Montgomery County child support modification lawyer at 301-315-0001.
(Updated 12/12/2024)