subject: Court Determined Child Support In Maryland [print this page] MARYLAND CHILD SUPPORT LAWS MARYLAND CHILD SUPPORT LAWS
After a couple is done with their divorce case, they need to decide upon the amount of child support. The level of financial support a child requires and the amount each parent is supposed to pay has to be calculated. This calculation is based on the Income Shares model in Maryland. It means the income of both the parents is combined and then the amount each should contribute is determined.
The basic child support obligation is divided between the parents in proportion to their adjusted actual incomes. The child support guidelines, however, could be deviated if there are any other terms of existing separation or property settlement agreements, or the presence in the household of either parent of other children to whom that parent owes a duty of support and the expenses for whom that parent is directly contributing. Generally, child support payments are for the ordinary expenses of food, shelter, clothing, education and medication needs for the children only. [Based on Maryland Code, Family Law, Sections 12-202 and 12-204]
In determining an award of child support, a court will look at all relevant facts upon the following issues:
*The basic requirements of the child.
Apart from food, cloth and shelter, there are few other basic needs of a child as well. For instance, a sickly or developmentally disabled child will often require a higher level of support than a healthy child.
*The age of the children.
Infants and younger children need less of financial support compared than older children.
*The ability of the non-custodial parent to Pay.
The court is limited in awarding child support by the ability of a parent to pay based on income from all sources, often including a new spouse's earnings.
*The earning capacity of the custodial parent.
It is the duty of both the parents to support their children and not just the paying parent is responsible. Therefore, the earnings or earning capacity of the custodial parent as well as the other spouse who is available to provide support for the children are considered. Perhaps the earning or earning capacity of the new spouse (if any) will also be considered when determining child support levels.
*The other responsibilities of the parents.
The other lawful responsibilities of both parents will also be looked into in determining child support. For example, if the non-custodial parent is paying child support from a previous marriage (a rather common occurrence), the court will take that obligation into consideration. Necessities of life, such as rent and food will also be taken into account by the court. However, the court will not reduce child support payments to make it easier for the parent to pay discretionary obligations. For example, a parent cannot provide for a charity or buy an expensive car at the expense of providing for his or her own children.
To assist the court in determining the proper amount of support, both parties will be required by the court to prepare a financial declaration that is signed under penalty of perjury). Each parent will be required to fully disclose their income (from all sources frequently including money earned by a new spouse or live-in-lover), the nature and extent of their property holdings such as bank accounts, investments and real property and their financial obligations. The court will rely heavily on these documents in making the order and thus it is in the best interests of the children that the declarations be filled out completely and honestly.
