PROVIDING HELPFUL RESOURCES FOR YOUR SEPARATION OR DIVORCE
   IN MONTGOMERY OR FREDERICK COUNTY, MARYLAND

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CHILD SUPPORT

Parents of a child under eighteen (18) years old are jointly responsible for the support, care, nurture, welfare and education of the child. Each parent is responsible regardless of whether or not the other parent fails to fulfill his or her obligation. This is also true for adult children who are physically or mentally disabled.

As of October 1, 2002, if a child who is age 18 is still enrolled in high school, the child support obligation is extended until either the child graduates from high school, or turns age 19, whichever occurs first. For more information, see New Child Support Law.

Child support is a right that belongs to the child and cannot be waived by the parents. Therefore, in all cases involving minor children, parents must provide evidence of compliance with the MARYLAND CHILD SUPPORT GUIDELINES or present evidence that a deviation from the Guidelines would serve the best interests of the children.

The court must use the Maryland Child Support Guidelines when determining an appropriate amount of child support. These Guidelines set forth child support payments based on how the percentage each parent’s gross monthly income relates to the combined monthly gross incomes of both parents, and the court cannot deviate from these Guidelines without an articulated meritorious reason for doing so. Child support is not computed on a “per child” basis, but is set based on the total number of children, as the Guidelines do not contemplate allocation of support for each child separately. Other factors in addition to income, such as work-related child care and extraordinary medical expenses and special private school or educational expenses, are also considered when determining an appropriate amount of support.

For child support orders entered as of January 1, 1994, the court will automatically order a parent to pay child support through a wage lien or “Earnings Withholding Order,” unless the parties mutually agree otherwise.

“Shared custody” is an economic term and is different from “joint custody” as described below. The “shared custody” child support formula, which results in a lower child support award, requires that the non-custodial parent have the children for at least 128 OVERNIGHTS per year.

Child support and visitation are separate issues, and one cannot be withheld in exchange for the other under any circumstances.

Child support and custody are always subject to the jurisdiction of the court and are modifiable based on a showing of a material change in circumstances.

For more information about child support, see Resources.

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