4 Things to Know About Child Support in Maryland

Posted on by Horman Nichols, LLC

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.

New Laws Taking Effect on October 1, 2020

Posted on by Horman Nichols, LLC

This is a sample of the new laws taking effect on October 1, 2020. A full list can be found on the Maryland General Assembly’s website (http://mgaleg.maryland.gov/mgawebsite/Legislation/Report?ID=chapters).

1.      Anti-discrimination laws:  This new law, among other things, prohibits employment discrimination based on certain traits, such as hairstyle and hair texture, associated with race.  Specifically, the bill prohibits discrimination on the basis of a “protective hairstyle,” which includes “braids, twists, and locks,” and clarifies that the definition of “race” also includes “traits associated with race, including hair texture, afro hairstyles, and protective hairstyles.”  

2.     Salary history and inquiries:  (a) Employers are required to provide the salary range to an applicant for the position for which they applied. (b)     Employers are prohibited from making salary history inquiries to an applicant or former employer. This does not prohibit an employee from volunteering their salary history. (c) Employer are prohibited from retaliating against or refusing to interview, hire or employee an applicant who requests salary information or refuses to provide their salary history.  (d) Employers are prohibited from taking action against an employee who asks about their own wages.   

3.     Notice requirements to employees prior to layoffs:  This amendment applies to employers with at least 50 employees that operate an industrial, commercial or business enterprise in Maryland for at least one year. Employees who work on average, less than 20 hours per week or employees who have worked less than 6 months in the immediately preceding 12 months are not counted in the 50-employee requirement.  Notice must be given:  (a) When an employer is relocating part of its operations to another existing site or a new proposed site.  (b) The shutting down of a workplace or a portion of the operations of a workplace that reduces the number of employees by the greater of either 25% or 15 employees over a 3-month period.  (c) Usually notice must be given at least 60 days in advance.  (d) The notice must contain the name and address of the affected workplace, a supervisor’s name, telephone number and email address, whether the reduction in operations is expected to be permanent or temporary and whether the workplace is expected to shut down and when the expected reduction in operations is scheduled to begin.   

4.     The use of facial recognition software during pre-employment job interviews is prohibited without the applicant’s consent.   

5.     Child support guideline changes: Currently the law requires that a child have at least 128 overnight visits with each parent in order to qualify for shared custody in child support calculations.  The new law changes the threshold to 92 overnight visits.     

6.     Hate crimes and the use of symbols to threaten or intimidate:  A person is prohibited from placing or inscribing an item or symbol, including an actual or depicted noose or swastika with the intent to threaten or intimidate any person or group of persons on any real or personal property, public or private without the express permission of the owner.