Parents have a legal obligation to support their children. In Maryland child support is calculated according to a mathematical formula, and each parent is obliged to contribute a specific amount to their children’s support based on their income.
If you need to make a child support agreement with your co-parent or if you need to modify an existing agreement, seek help from a local family attorney. A Columbia child support lawyer at Price Benowitz could assess your situation, explain your legal options, and help you achieve your desired outcome.
Determining Child Support is Complex
Maryland uses a formula to calculate appropriate child support. In most lower and middle-income families the state will use that formula to calculate the minimum required child support. In higher-income families, a court could order more support to ensure that the divorce does not cause a significant change in the child’s standard of living.
Child support is the child’s right, and both parents must contribute to it. The formula that Maryland uses calculates each parent’s contributions by considering each parent’s income, the number of children each parent must support, how much time the child spends in each parent’s home, who provides health insurance, and other pertinent factors.
Sometimes a parent would prefer not to receive child support if they want the other parent to not have contact with the child. Because the right to financial support rests with the child, a parent cannot waive the child’s right to support. Further, visitation and child support are legally separate issues. As a seasoned Columbia child support attorney could explain, a child retains the right to a parent’s financial support even if the child and parent have no relationship.
Legitimate Uses of Child Support
Child support payments are for the children’s benefit, but that does not mean that all money must be spent directly on the children. A parent could use child support to pay for housing and food and could indirectly benefit from the support money. Child support could also pay for childcare when the receiving parent is working.
The children’s best interest is paramount in making child support determinations. Courts will try to ensure that a divorce does not diminish a child’s standard of living. In addition, the child’s special needs and talents could merit additional child support. A court could order support beyond the guidelines amount if the child:
- Has a physical or mental illness or disability
- Has special educational needs
- Attended private school prior to the divorce
- Is artistically or athletically gifted
Child support is ordinarily payable until the child graduates from high school or their 19th birthday. If the child seeks higher education, a parent’s child support obligations might continue to help with tuition, books, and other expenses.
Modifying Child Support Orders
As a child grows, their needs evolve. As time passes, parents might experience life events that impact their need for, or ability to pay child support. Maryland Code Annotated Family Law § 12-104 allows a parent to petition for modification of a support order if a material change in their circumstances merits it.
As a child support lawyer in Columbia could explain, material changes that could justify a decrease in child support payments include:
- The receiving parent’s increased income
- No further need for childcare
- Child’s recovery from a serious illness.
- The paying parent’s job loss or reduced income
However, it is important to note that courts will not reduce a child support award if they believe a parent is willfully unemployed or underemployed to avoid child support.
A receiving parent could apply for increased child support if they experience a significant change in circumstances. A job loss, need for increased childcare, loss of home, or severe illness could be appropriate reasons for a receiving parent to seek more child support. If the paying parent’s income increased substantially since the child support order was issued, the receiving parent could ask for an increase in support payments.
Work With a Columbia Child Support Attorney to Resolve Issues
Even though a state-approved mathematical formula determines a parent’s child support rights and obligations, parents often find resolving child support among the most contentious issues in their divorce. Failing to pay child support as agreed often leads to disputes.
A dedicated Columbia child support lawyer could set clear expectations for you and your co-parent about the legal requirements concerning child support and help you negotiate an arrangement that provides your children a reasonable lifestyle. Call today to schedule an appointment with a knowledgeable attorney at our firm.
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