Montgomery County Child Support Attorney
In Maryland, both parents have a legal duty to support their children and meet their basic needs. During marriages or committed relationships, the issue of child support is not often a concern for family courts. However, when one parent no longer lives in the family home with their children, the courts are often required to make decisions about how much a non-custodial parent must pay.
While Maryland has specific child support guidelines, child support issues can be complex and contentious. To find out more about child support and get the support you need for your child, you should speak with an experienced child support attorney. Our Maryland family law attorney at The Law Office of Rahul Kishore can help you get the support that your child deserves.
Why Choose The Law Office of Rahul Kishore?
- The Law Office of Rahul Kishore is a family law practice serving clients in Montgomery County, Maryland.
- While we are experienced and aggressive at family law litigation, we pursue an amicable resolution first, which can be faster, less expensive, and less stressful than litigation.
- Our success rate has been extremely good. Our clients are extremely happy with our ability to resolve cases without going to litigation.
- We believe in compassionate advocacy. Our partner, Mr. Kishore, is a trained mediator and is able to handle high conflict family disputes.
If you are looking for a Maryland child support attorney who will listen and deliver results in a cost-effective and efficient manner, Call The Law Office of Rahul Kishore at (301) 315-0001 to schedule a free consultation.
What Is Child Support?
Child support is a payment made by a non-custodial parent to the custodial parent to support the expenses related to raising a child. Medical expenses, child care expenses, school and transportation expenses, and any special needs of the child can add up quickly.
Both parents are expected to cover those expenses, whether they are together or not.
How Is Child Support Determined?
In Maryland, the court generally uses specific guidelines to calculate child support. These guidelines include looking at the following factors:
- Both parent’s “actual monthly income,” which includes salary or wages, as well as additional types of income, benefits, or bonuses. It does not, however, include temporary forms of financial assistance.
- Both parent’s “adjusted actual income,” which is the actual income minus any already existing child support and alimony paid
- Work-related child care expenses, which include any costs for the child’s care while the parent is working, such as daycare costs
- Health insurance expenses and extraordinary medical expenses. Extraordinary medical expenses include reasonable expenses that insurance doesn’t cover, such as physical therapy or dental treatment.
The court may also require additional information to calculate the amount of child support. An attorney can give you a better understanding of the factors involved and how they apply to you.
What are the Penalties for Non-Payment of Child Support?
Child support orders are enforceable court orders. As such, they carry a range of criminal and civil penalties. In Maryland, willful failure to pay child support is a crime punishable by up to thirty-six months in prison and $100 in fines.
Similarly, deserting a minor child may result in the offender spending up to twelve months in prison and paying $100 in fines. Desertion is when the offender, typically a parent:
1) Intends for the child to become a public charge supported by the state
2) Fails to provide at least three years of child support by a licensed childcare facility or a responsible individual.
In addition to the above, a Maryland court may order:
- Child support be paid over a thirty-six month period
- Child support be paid following a valid agreement
- The offender be placed on probation subject to a recorded child support obligation.
The court may order that payments be made to the legal custodian of the minor child or another recipient as designated by a valid agreement. Any court-ordered payments are considered a lien on the offender’s earnings and must be deducted by the offender’s employer.
The offender’s employer must send payroll deductions to the designated child support enforcement agency.
What is Voluntary Impoverishment?
Maryland defines voluntary impoverishment as the free and conscious choice, not compelled by factors beyond the parent’s control, to render the parent without adequate resources. A voluntarily impoverished parent chooses not to meet their income potential and maintains a lesser standard of living than necessary.
The court may impose a higher monthly income on a voluntarily impoverished parent due to their earning potential. When making such a determination, the court considers the parents’:
- Age
- Physical and behavioral conditions
- Level of education
- Special training or job skills
- Literacy
- Residence
- Employment and earnings history
- Employment records
- Criminal record
- Any other relevant facts
The court will also take note of the job market, average income, and available positions in the parent’s community.
Can the Court Refuse to Order Child Support?
The court has the power to decline or refuse a child support order under certain circumstances. This typically occurs when the paying parent lives with the minor child and contributes to that child’s support.
Other occasions in which the court may decline child support are when the payor:
- Has no financial resources
- Is and will be incarcerated for the entirety of the child’s minor life
- Is and will be institutionalized in a psychiatric facility for the whole of the child’s minor life
- Is totally and permanently disabled, is unable to obtain or maintain employment, and has no income other than Supplemental Security Income or Social Security disability insurance benefits
- Is unable to obtain or maintain employment in the foreseeable future due to compliance with criminal detainment, hospitalization, or a rehabilitation treatment plan
If you have concerns about the court’s power to refuse support, speak with an experienced Maryland child support attorney.
Why Do You Need a Child Support Lawyer?
The process for securing child support can get very complex. From locating the other parent to establishing parentage, setting up an order and enforcing payment, or modifying an order, you will need the skills and expertise of a local child support lawyer who understands the technicalities of child support law in Maryland.
Significant changes were made to Maryland’s child support laws on July 1, 2022. These laws affect parents who pay and receive child support in the state. The experienced child support lawyer at The Law Office of Rahul Kishore will help you understand how these new laws apply to your situation and ensure that your and your child’s rights remain well-represented and protected.
Your case may require the assistance of other professionals to establish certain facts in support of your case. For example, in cases of voluntary impoverishment where one parent chooses to be unemployed or underemployed to reduce their child support payments, your attorney can help you establish that parent’s potential income.
The experienced child support lawyer at The Law Office of Rahul Kishore will help you understand the factors that apply to your situation and ensure that your and your child’s rights are well-represented and protected.
Frequently Asked Questions About Maryland Child Support
Child support in Maryland is designed to ensure that children continue to receive financial support from both parents after separation or divorce. The state uses statutory guidelines to calculate support, but many parents have questions about how the system works, how payments are enforced, and when modifications are allowed. Below are answers to some of the most frequently asked questions about Maryland child support.
What law governs child support in Maryland?
Child support in Maryland is governed by the Maryland Family Law Code and the state’s Child Support Guidelines. Maryland uses an income shares model, which means the court estimates how much parents would spend on their child if they were living together and then divides that obligation proportionally based on each parent’s income.
The guidelines apply in most cases, and courts generally follow them unless there is a compelling reason to deviate.
How is child support calculated in Maryland?
Maryland calculates child support using several factors, including:
- Each parent’s gross monthly income
- The number of children
- Work-related childcare expenses
- Health insurance premiums for the child
- Extraordinary medical expenses
- Overnight visitation schedules
Maryland has two primary worksheets:
Worksheet A is used when one parent has primary physical custody.
Worksheet B is used when parents share physical custody, typically when each parent has the child for more than 35 percent of overnights annually.
The final support amount reflects each parent’s proportionate share of the combined parental income.
What counts as income for child support purposes?
Income includes wages, salaries, bonuses, commissions, self-employment income, rental income, unemployment benefits, disability benefits, and other regular sources of earnings. Courts may also consider fringe benefits and in some cases can impute income if a parent is voluntarily unemployed or underemployed.
If a parent is intentionally reducing income to avoid child support, the court can assign an income level based on earning capacity.
How long does child support last in Maryland?
In most cases, child support continues until the child turns 18. However, if the child is still enrolled in high school at age 18, support continues until the child graduates or turns 19, whichever comes first.
Support may terminate earlier if the child becomes emancipated, marries, joins the military, or becomes self-supporting.
Can child support be modified?
Yes. Either parent may request a modification if there has been a material change in circumstances. Examples include:
- A significant change in income
- A change in custody or visitation schedule
- A substantial change in childcare or medical expenses
Maryland also allows a review of child support every three years to determine whether the amount remains consistent with the guidelines.
What happens if a parent does not pay child support?
Maryland takes enforcement seriously. If a parent fails to pay, enforcement tools may include:
- Wage garnishment
- Tax refund interception
- Suspension of driver’s or professional licenses
- Liens against property
- Contempt of court proceedings
Interest may also accrue on unpaid support, and persistent nonpayment can result in significant legal consequences.
Can parents agree to a different amount than the guideline?
Parents may agree to a different amount, but the court must approve the agreement. Judges will review whether the proposed amount is in the best interests of the child. If the agreed amount significantly deviates from the guidelines, the court must document the reason for the deviation.
Do Maryland courts consider shared custody in support calculations?
Yes. When parents share physical custody with more than 35 percent of overnights, the shared custody formula under Worksheet B is used. This typically adjusts the support amount to reflect the increased expenses incurred by both parents.
Contact Our Rockville Maryland Child Support Lawyer at The Law Office of Rahul Kishore
Understanding Maryland child support law is essential for protecting your child’s financial stability and ensuring compliance with court orders. Because child support calculations and enforcement can be complex, especially when income disputes or custody changes are involved, consulting with an experienced Maryland family law attorney can help you navigate the process and safeguard your rights.
If you need to speak with a Maryland child support lawyer, call us at (301) 315-0001. Your initial consultation is free; contact The Law Office of Rahul Kishore online to schedule it.