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Home Child Support

A Guide to Child Custody and Child Support in Maryland

Cathy Meyer by Cathy Meyer
17 December 2024
in Child Support
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Child Custody and Child Support in Maryland

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  • How is child support calculated in Maryland?
    Maryland uses child support guidelines with Worksheet A for sole custody and Worksheet B for shared custody. Factors like gross income, overnights, and shared expenses are considered. The aim is to balance financial responsibility based on parenting time.
  • How long does child support last in Maryland?
    Child support continues until the child turns 18 or graduates high school, but not beyond 19. It ends earlier in cases of death, marriage, or emancipation of the child.
  • What happens if parents have high combined incomes?
    If combined incomes exceed $30,000 per month, the court has discretion to set support based on the child’s needs. Guidelines don’t apply to high-income cases.
  • What factors influence child support calculations?
    Gross income, number of children, overnights, and shared expenses like daycare and health insurance are key factors. Alimony payments or pre-existing child support can reduce gross income.
  • What is the role of shared expenses in child support?
    Expenses like daycare, medical care, and school costs are shared pro rata. Each parent contributes based on their percentage of income.
  • Do Maryland courts deviate from child support guidelines?
    Courts may deviate from guidelines for good cause, such as unique needs or extraordinary circumstances. The child’s best interest is the priority.
  • What does child support cover?
    Child support typically covers food, clothing, housing, education, and health insurance. Additional costs like extracurricular activities may need further agreements.
  • Who pays for private school or sports costs?
    Parents must prove the cost and necessity of private school or sports. Courts may require shared payments if these expenses provide consistency for the child.
  • Can parents be required to pay for college expenses?
    Maryland courts can’t mandate college payments unless parents agree in writing. Such agreements are enforceable and require compliance with FAFSA filings.
  • What is the difference between physical and legal custody?
    Physical custody determines where the child resides, while legal custody covers decision-making for welfare areas like education and health.
  • What are the types of physical custody in Maryland?
    Sole custody means the child spends 75% or more nights with one parent. Joint custody applies when the non-custodial parent has at least 25% of overnights.
  • What are the types of legal custody in Maryland?
    Legal custody can be sole, joint, or tie-breaking authority. Tie-breaking allows one parent to make final decisions if disputes arise.
  • How does the court decide custody in Maryland?
    The court evaluates the child’s best interest, considering factors like stability, parental fitness, and the child’s needs. Parents’ interests are secondary.
  • Can children testify about custody preferences?
    Children can testify, but it’s rare and done in-camera with a judge. The court considers their views but ultimately decides what’s best.
  • What is a Best Interest Attorney (BIA)?
    A BIA represents the child’s interests and views in custody cases. They help reduce trauma and ensure the child’s voice is considered.
  • How are special needs children handled in custody cases?
    Courts focus on the child’s unique needs, involving specialists and setting detailed protocols for decisions like IEPs or medical care.
  • What are Individual Educational Plans (IEPs)?
    IEPs provide tailored educational accommodations for special needs children. Parents must collaborate yearly, ensuring disputes don’t delay decisions.
  • How are extracurricular activities considered in custody cases?
    Courts evaluate activity benefits, history, and logistical feasibility post-separation. They aim to maintain consistency while balancing parents’ capabilities.
  • What is a parent coordinator?
    A parent coordinator helps resolve parenting disputes outside of court. They’re cost-effective and facilitate quicker decisions.
  • Can child support cover extraordinary medical expenses?
    Yes, extraordinary medical costs are often shared pro rata based on income. Parents must provide evidence of necessity and cost.
  • How do courts decide on private school continuation?
    Courts consider the child’s educational needs and history of attending private school. Long-standing attendance often supports continuation.
  • What happens if parents can’t agree on custody?
    Courts decide based on the child’s best interest, potentially appointing custody evaluators or other experts to assist.
  • Can custody arrangements change after a court order?
    Custody modifications require showing a material change in circumstances affecting the child’s welfare.
  • What are the risks of children testifying in court?
    Testifying can be traumatic for children and may lead to unfavorable views of the parent requesting it. Alternatives like BIAs are preferred.
  • How does tie-breaking authority work?
    Tie-breaking allows one parent to decide on disputed issues after a good faith effort to resolve them. It ensures timely decisions.
  • What expenses can reduce gross income for child support?
    Alimony payments or child support obligations for other children can lower gross income in Maryland’s guidelines.
  • When do Maryland child support guidelines not apply?
    Guidelines don’t apply when combined parental income exceeds $30,000 per month. Courts use discretion in these cases.
  • What is the importance of consistency in child expenses?
    Courts aim to maintain expenses like private school or activities for stability post-separation, provided parents can afford them.
  • What is an emancipation event?
    Emancipation occurs when a child marries, joins the military, or becomes financially independent, ending child support.
  • What if parents disagree on major decisions for a special needs child?
    Courts or coordinators address disputes, ensuring decisions are timely and prioritize the child’s unique needs.
  • What is a 504 Plan?
    A 504 Plan provides accommodations for students with disabilities, focusing on equal access rather than specialized instruction.
  • Can child support orders include transportation costs?
    Yes, transportation costs can be factored into child support orders, especially if tied to work or school needs.
  • How does parenting time affect child support?
    More overnights with a non-custodial parent reduce their child support obligation, reflecting shared caregiving responsibilities.
  • What happens if a parent doesn’t pay child support?
    Courts can enforce payments through wage garnishment, fines, or legal action, prioritizing the child’s needs.
  • Can parents waive child support in Maryland?
    No, child support is the child’s right. Parents can’t waive it, but they can agree on adjustments subject to court approval.
  • What is the impact of FAFSA on divorced parents?
    FAFSA uses the custodial parent’s income for financial aid. Parents must decide custody designations to optimize aid.
  • How do Maryland courts handle relocation cases?
    Relocation affecting custody or parenting time requires court approval, balancing the child’s stability with parental rights.
  • Can parents negotiate child support privately?
    Private agreements are allowed but must be approved by the court to ensure the child’s needs are met.
  • What is a custody evaluator?
    A custody evaluator assesses family dynamics and provides recommendations to the court, focusing on the child’s best interest.
  • What if a parent wants to modify child support?
    Modifications require proving a substantial change in circumstances, like income changes or altered custody arrangements.
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Cathy Meyer

Cathy Meyer

Cathy Meyer is the editor of Divorce Parents Hub.

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