Child Support in Maryland

Child support in Maryland is calculated based on the Maryland Child Support Guidelines. Parents may not deviate from the Guidelines calculations unless they can demonstrate a significant reason why this should be done, as well as that the minor child(ren) are still receiving proper support by the parents.

Child support cannot be waived by the parents.

Child support is based on how each party's gross monthly income¹ relates to the combined gross monthly income of both parties. In calculating child support, the court will also factor in the cost of health insurance paid by either parent for the child(ren), child support being paid for other children, as well as alimony paid or received. In addition, the court will also factor in to the guidelines the costs for work related child care, extraordinary medical expenses, educational and transportation expenses.

In a case where each parent has the child(ren) more than 128 overnights, the court will utilize a "shared custody" formula in determining child support. In this scenario, not only does each party's proportionate share of the total gross monthly income impact the final child support figure, but the number of overnights with each parent are also considered in arriving at a child support figure.

In a case where each parent does not have more than 128 overnights, the court will utilize the "sole custody" guidelines formula. This formula does not take into account the number of overnights actually spent with each parent.

In the event one party does not work in order to avoid paying child support, or is working in a job which does not compensate that party to his or her earning potential, the court may determine that the party is "voluntarily impoverished". If the court determines that a party is voluntarily impoverished, the court may impute income to that party based on the party's employment potential and probable earnings. In order to prove that a party is voluntarily impoverished, the court needs to find that the party freely chose to deprive himself or herself of resources with the intention of avoiding child support or other spousal support obligations.

Child support is modifiable based on a material change of circumstances.

¹ Income is defined by the statute as including salaries, wages, commissions, bonuses, dividend income, pension income, interest income, trust income, annuity income, Social Security benefits, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, alimony or other spousal support, and expense reimbursement in the course of self-employment. Severance pay, capital gains, gifts, and prizes may also be considered as income.

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