child support

Written By: Trevor M. Addie-Carter, Associate Attorney

Payment of child support can have a significant impact on a child’s well-being, from clothing, food, and shelter to educational-related expenses.  For parents with limited income or who must return to school to better support themselves and their children, child support payments can help ensure that the children’s needs are met, despite the parents’ situation.  A Child Support Order itself is the result of legally required financial calculations, documentary evidence, testimony, and legal argument.  Here are four things you should know about child support.

1. Child Support Isn’t Just for Divorce – Parents do not need to be married or divorced to ask the Court to create a Child Support Order.  While child support can be, and often is, requested in connection with a divorce case, parents can also ask that child support be ordered as part of a custody case, or even as its own stand-alone case through a Complaint for Child Support.
   
2. The Court Considers Multiple Financial Factors – In determining an appropriate Child Support Order, the Court is required to utilize the Maryland Child Support Guidelines found in the Maryland Code, Family Law Article.  This calculation takes into account “actual monthly income,” which includes (but is not limited to) salaries, wages, commissions, bonuses, alimony received, and expense reimbursements or in-kind payments that reduce the parent’s personal living expenses.  The Court will also review deductions for pre-existing child support obligations, alimony actually paid, work-related childcare expenses, health insurance expenses, extraordinary medical expenses, cash medical support, and additional expenses.
   
3. You Can ask the Court to Modify Child Support – The Court can modify a Child Support Order upon a showing of a material change of circumstance.  A parent who believes there has been a significant change, either because of a job loss, a significant pay raise or pay cut, a change in custody arrangements, or a significant change in deductible expenses can file a Petition to Modify Child Support. 
   It is ultimately up to the parent asking for the modification to prove the change in circumstances; however, the non-moving parent can also introduce evidence and testimony and argue for the child support award they believe is in their children’s best interests.
   
4. There are Multiple Ways to Enforce Child Support Orders – If a non-custodial parent who is Court-ordered to pay child support violates the Court Order, the custodial parent has a few options.  The custodial parent can file a Petition for Contempt asking that the Court hold the non-custodial parent in contempt for violating the Court’s Order.
   The custodial parent can also request the Court create an Earnings Withholding Order (sometimes called a “wage assignment” or a “child support garnishment”), which requires the non-custodial parent’s employer to make direct payments to the custodial parent out of the non-custodial parent’s paychecks. 
   The custodial parent can additionally seek assistance from their county’s Child Support Enforcement Agency—in some counties, this is the Department of Social Services or the State’s Attorney’s Office, whereas other counties have their own Child Support Enforcement Offices.

Child support determinations, modifications, and enforcement are a discrete area of law.  The calculations for determining an appropriate child support award can require the collection and analysis of complex financial documents.  Non-payment can impact your wages and your driver’s license.  

If you have questions or have been served with court papers relating to child support, Horman Nichols is prepared to help. Please contact us through our website or call 301.663.8101.