Child Support

If you remarry after a divorce, you may be wondering how child custody or child support might be impacted. While remarriage alone does not automatically change a custody order already in place, a court might grant a request for modification of custody if there has been a “material change in circumstances” that affects the child. Similarly, when it comes to child support and remarriage, any existing child support obligation will not change based on remarriage alone. However, if there are material changes in either parent’s financial situation because of the remarriage, or the financial needs of the child, the change in financial circumstances prompted by the remarriage may be grounds for a modification of support.

Remarriage and Child Custody

The best interest of the child is the legal standard that is applied to all child custody matters in Maryland, including those involving child custody or child custody modification and remarriage. While remarriage itself does not affect custody, a judge might determine that a custody arrangement should be altered if there are certain factors that would negatively affect your child’s health, safety, or welfare. If your new spouse was abusive toward you or your child, or has a substance abuse issue, a judge might order that the current custody arrangement be modified.

To modify an existing custody order, the parent requesting the change must establish that there has been a material change in circumstances since the last order was entered. Some of the factors a judge would consider when determining whether a custody order should be changed after a parent’s remarriage can include the following:

• The child’s relationship with the new spouse
• Whether the new marriage provides a less stable environment for the child
• A parent’s relocation and how it impacts the child’s relationship with the other parent
• Any changes regarding the fitness of either parent
• The willingness of the parents to cooperate when it comes to custody matters
• Whether the child’s needs are being met
• The preferences of the child (if they are old enough)
• The existence of other children in the household

In many cases, a parent’s remarriage can be beneficial for a child. Stepparents develop strong bonds with their stepchildren —and a child may be provided with increased emotional stability and physical well-being.

Relocation and Remarriage

Relocation can be a significant factor when it comes to modifying child custody arrangements. If the distance between you and your former spouse changes significantly due to remarriage, it may trigger a need to review your existing custody order and access arrangements.

Under Maryland law, if the custodial parent is planning to relocate with the child to a location that would impact the existing access schedule, he or she must provide at least 90 days’ notice to the other parent and provide an opportunity to object in court. If the noncustodial parent does not consent to the child’s relocation, a judge would determine the outcome of the case by applying the best interests of the child standard. Keep in mind that it can take months for a custody modification to process through the Court’s system.

Child Support and Remarriage

When it comes to child support and remarriage, a new spouse’s income is not considered unless they legally adopt the child. However, this would require the biological parent to relinquish their parental rights. The non-custodial parent would still be required to make child support payments to the custodial parent if either remarried. The amount of child support ordered would not be reduced based on a new spouse’s income.

There is a narrow exception to the general rule that remarriage does not impact child support obligations. If the paying parent’s new spouse pays a parent’s financial obligations (for example, health insurance for a minor child), the parent may have more financial resources available — and a court may award a modification based on their ability to contribute more toward child support.

Maryland’s Multifamily Adjustment

As of October 1, 2025, a new law went into effect in Maryland that could impact child support if you or your former spouse decides to remarry after divorce. The multifamily adjustment permits a parent to receive an allowance for children living in their home who they are legally obligated to support — and are not included in the current child support order. In order to receive the adjustment, the child must spend at least 92 overnights a year with that parent.

For instance, say a parent is currently in court for a child support matter, and they have two younger children from a previous relationship living with them who are not subject to a child support order. They would have their income reduced by an allowance for those two children before support is calculated for the child in the pending case. The intention of the new law is to provide for a more realistic calculation of payments by considering a parent’s overall financial obligations. However, it may potentially result in some families seeing smaller payments.

Contact an Experienced Maryland Divorce and Family Law Attorney

If you have concerns about child custody or child support and remarriage, it’s important to consult with a knowledgeable family law attorney who can best advise you regarding the facts of your situation. At the Law Office of Shelly M. Ingram, our Fulton, Maryland family law attorneys provide compassionate counsel and trusted representation for a wide range of family law matters. All of our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation and will discuss the options available to you. We will work closely with you in your case to reach the best possible outcome for you and your children.

To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (240) 652-2596">(240) 652-2596 or contact us online.

Questions about money and support often weigh heavily on the minds of parents in divorce and custody cases. If you are a parent, it is important that you stay current and up to date on developments in the law that may impact the financial outcome of your divorce and/or custody case.

As of October 1, 2025, Maryland made some important changes to child support laws that may affect families involved in a pending or future divorce, custody, and/or modification of custody case.

Here’s what you need to know:

Multifamily Adjustment – Maryland revised the definition of “adjusted actual income”. Now, the Court can include an allowance for additional children in a parent’s home – this is a significant departure from the old law. The Court has discretion to include, or not, the additional children's allowance based on the best interest of the child at issue.

Houser v. Houser (2024) – is a recent case that stands for two important concepts:

• Parents cannot waive child support, even in cases that are uncontested. Child support is a right held by the child(ren), not parents.
• Parents are not able to bargain or negotiate away their duty to support their child.

Matter of Marriage of Houser (2025) – Following the Houser v. Houser case, this subsequent case further explains:

• Parents cannot waive child support if custody is brought before the Court for determination (even if child support was not brought up by either party).
• Parents have the right to determine the care, custody, and management of their child(ren). However, these rights do not include the right to waive child support. Child support is a right held by the child(ren), not parents.
• Parents’ inability to waive child support does not infringe on the parents’ other rights.
• If parents are able to prove to the Court that ordering child support would be unjust or inappropriate, the Court has the discretion to make exceptions to the waiver of child support. The Court can consider certain financial considerations between the parties related to the child(ren). Some of these financial considerations include terms about mortgage payments or other marital debts, payment for college education expenses, or any direct payments made for the benefit of the children agreed upon between the parties. Further, parents can request that the Court consider the expenses of other children they owe a duty of support to – although that cannot be the only reason they present to the Court.

At the Law Office of Shelly M. Ingram, our child support lawyers understand the ins and outs of the Maryland Child Support formula. If you need to establish, enforce, or modify child support, we invite you to contact our law office to schedule a confidential office consultation. We can educate you about what your child support order will cover and how to take advantage of changes to the law. We look forward to working with you to ensure that your child's needs are adequately provided for and that your rights are protected.

To schedule a confidential consultation with one of our experienced Maple Lawn child support attorneys, call us at (240) 652-2596">(240) 652-2596 or contact us online.

Divorce isn’t easy on any family. Kids can take the end of a marriage hard no matter how old or developmentally mature they are. But divorcing with a special needs child can add a new dimension to already difficult custody, visitation, and support negotiations. Here are some tips for divorcing with a special needs child.

Tip #1: Include Mental Health Providers in Telling Your Special Needs Child About Your Divorce

Whether your children have special needs or not, processing the idea that their parents will no longer be together will be hard on kids. Talking to your children about divorce requires you and your soon-to-be-ex-spouse to consider your kids’ age and developmental abilities, and give them time and space to process what they hear, think, and feel. 

If your child has special needs, these considerations become all the more complicated. It is wise to include their therapist, counselor, or other mental health provider in planning when and how to break the news. Your child’s medical team will know best what your child will be able to process and will be able to advise both parents to create a plan for helping your child through the transition. 

Notice that telling your children about divorce should involve both parents. It is always best for parents to present a united front when telling their kids about an upcoming divorce (i.e. “we have decided to divorce” rather than “your mother/father wants a divorce”). If your child has special needs – especially in the form of developmental delays or processing disorders – it is important for you to work together with your co-parent  to create and follow a plan to introduce the idea of divorce and respond to  questions, emotions, and concerns your children may have about the process. If your divorce is so high-conflict that you can’t cooperate with your spouse (such as cases of domestic violence), you may still want  to speak with  your child’s counselor or therapist since the conflict that your divorce presents will likely impact your child’s mental  health, and may impact their physical health as well. 

Tip #2: Help Your Attorney Understand Your Status Quo Before Divorcing with a Special Needs Child

When it is time to file your divorce, you would naturally turn to an experienced Maryland family law attorney for support and advice. While the attorney may understand the law, you are the expert in your family. Parents and caregivers for special needs children develop schedules, strategies, and solutions specific to their child’s special needs. Don’t assume your attorney can predict what solutions have worked for your child and your family. Even if your attorney has experience with a person or a child with the same diagnosis as your child, they may not have a clear grasp of your treatment plans, household patterns, or daily schedules. 

Ask to walk your attorney through a “day in the life” of your household prior to separation. You may be inclined to overstate your role in your child’s care or downplay your spouse’s involvement. Resist that urge. Remember that your communications with your attorney are protected by attorney-client confidentiality. You can, and should, be honest with your lawyer about your circumstances, including what needs will no longer be met by your spouse post-separation. 

Make sure your attorney also has a list of all your child’s medical providers, child care providers and support services, medications, medical equipment, and treatment schedule. This may seem like a lot of information, but getting it to your attorney early can:

• Speed up the discovery process
• Help your attorney build a case for your child’s custody and visitation
• Make sure your child has uninterrupted access to the medicine, equipment, and therapies they need to thrive

Tip #3: Have a Plan for Joint Legal Custody or Advocate for Decision-Making Authority

Our divorce and family law attorneys know how hard it can be to successfully co-parent a special needs child. Our lawyers are trained in collaborative divorce, mediation, and litigation strategies. We can help you resolve co-parenting disputes, create a custom parenting plan, and negotiate a fair child support and alimony award to make sure your child’s special needs are met. Contact us to discuss your situation and learn how we can help.

Legal custody is a parent or parents’ authority to make major life decisions for your child. This aspect of custody becomes essential when your child has special needs, since the chance that  you and your former spouse will need to make hard healthcare or educational decisions for your child increase greatly with each diagnosis. Many parents who aren’t willing or able to play an active custodial role in their children’s day-to-day care still want to share joint legal custody to have a voice in their child’s upbringing. 

However, because joint legal custody requires both parents to agree before medical treatment can be rendered or educational changes made, it can delay your child receiving the care they need in a crisis. If you and your ex-spouse are committed to joint legal custody, you will want to have a plan in place to notify each other when medical needs arise, and promptly communicate and agree on treatments. If you can’t agree, you would need to work with a mediator or collaborative law professional, or go back to court and ask a Maryland family law judge to make the decision for you. It can take weeks, if not months, to resolve a legal custody dispute. 

If you don’t think you will be able to communicate or agree, you and your attorney should prepare to advocate either for sole legal custody – where you would be the only person authorized to make legal custody decisions – or tie-breaking authority – where you could have final say after consulting with your co-parent. These options can keep an uncooperative co-parent from frustrating your efforts to give your child what they need when time is of the essence. 

Tip #4: When Pushing for Physical Custody, Be Sure You are Able to Provide Care 

Sometimes parents push to be awarded physical custody more out of desire to keep control of their family or because they don’t want to have to pay their ex-spouse support. However, if you are the parent of a child with a mental, physical, or developmental disability, being that child’s custodial parent means far more in terms of time, energy, and effort. Before you tell your Maryland divorce attorney that you want your children in your custody full-time (except for reasonable visitation with the other parent), make sure that you consider what that will look like, practically speaking. Are you prepared to:

• Keep up with your child’s feeding, clothing, bathing, and personal care schedules on your own or with the help of family or professional support
• Supervise your child throughout the day while they are in your care
• Transport your child to doctors’ appointments, school, physical therapy, counseling, and other appointments
• Provide at-home assistance to meet your child’s therapy plan (such as encouraging the child to complete exercises or use behavioral techniques)
• Assist your child in completing homework assignments and special education activities
• Serve as the contact person for teachers, doctors, and other service providers for your child
• Protect your own physical and mental health with respite care, caregiver therapy, and other self-care strategies

If that all seems overwhelming, or if your co-parent has historically borne that load, it may be wise to consider a different parenting plan that better aligns with your capacity as a parent, and your child’s needs. 

Tip #5: Schedule Visitation in Ways that Honor Your Child’s Abilities and Needs

When parents are able to agree on a parenting plan that controls custody and visitation of their child, it makes it easier for everyone, including the courts, to follow that plan and ensure that a child is able to maintain a positive relationship with both parents. There is no one standard parenting plan for Maryland parents in a divorce. With special needs, though, the considerations involved in preparing an access schedule may be far more complicated. For example, a child:

• On the autism spectrum may struggle to adapt to changing households or erratic schedules and may require a more consistent visitation schedule;
• With an anxiety disorder may need to have a clear and predictable schedule they can look at when they feel worried;
• Who receives physical therapy or counseling may need a visitation schedule that fits around their doctors’ appointments
• Receiving stimulant medication for ADHD may need an exchange time that gives them time to wind down and sleep 

Before settling on a visitation schedule, talk to your child’s medical provider about the household priorities for their care. Explain that you and your co-parent are separating and ask what you need to consider when the child changes households. There may be coping strategies that you can use in both homes to reduce the disruption parenting time transitions may cause to your child’s physical or mental health. 

Tip #6: Sharing Your Child’s Medical Equipment and Prescriptions in Two Homes

When kids travel between two homes for shared physical custody or access, it is often a struggle to make certain they have everything they need: from warm coats to bathing suits, electronics/devices  and school assignments. A special needs child may require more specialized clothing, medications, and support items. Be sure that your parenting plan addresses how you and your co-parent will share your child’s wheelchair, inhalers, prescription medications, and other equipment. Depending on your child’s needs, it may be preferable to maintain separate supplies at each home, or to pass shared resources between co-parents as part of the parenting time exchange. Be sure both parents know whether a particular device, treatment, or tool is shared to avoid putting your child in the middle of a dispute and prevent access to items that they need while in either parent’s care.

Tip #7: Consider Child Support for Special Needs Children

Child support is designed to cover the day-to-day costs of raising a child. This includes ordinary healthcare costs. However, a special needs child’s expenses are often far higher than neurotypical, able-bodied counter-parts. In recent years, Maryland law has adjusted to allow parents to recover a portion of the uninsured costs of a child’s medical treatment based on the total out-of-pocket amount paid by the custodial parent each year, rather than each illness or condition. You need to have a clear understanding of your child’s financial needs before you negotiate child support. Discuss your health insurance eligibility post-divorce with your attorney, as well as all deductibles, copays, health insurance premiums, and other expenses related to your child’s care. Remember, this may also include the cost of childcare provided by a person skilled at addressing your child’s special needs. Then your family law attorney can advocate for a child support order that covers your child’s actual expenses, not just basic care. 

Tip #8: Plan for Your Disabled Child’s Care After They are an Adult

A parent’s duty to provide support doesn’t automatically end at age 18 in Maryland. A Maryland child support order can continue beyond the age of majority if that child is still enrolled in high school – for children with developmental and learning disabilities – or unable to support themselves due to “mental or physical infirmity.” In these cases, the Court can order a parent to continue to provide the “destitute adult child” with food, shelter, care, and clothing even after they are legally an adult. 

It is a good idea to plan for this post-majority support during the initial divorce negotiations. If you know that your child will continue to need care beyond the traditional school age, you may want to set up a special needs trust or make other arrangements with your co-parent to ensure that the funds are available to cover their needs into adulthood.

Tip #9: Alimony Is Available for Some Caregiver Parents

A parent’s historical role as caregiver for the family’s children may persuade the Maryland family courts to award alimony in their divorce. Several of the factors Maryland family court judges consider touch on the division of labor in the household prior to the separation or divorce:

• The recipient spouse’s ability to be wholly or partially self-supporting
• The family’s prior standard of living
• Each spouse’s contributions – monetary and nonmonetary – to the family’s wellbeing
• The circumstances that contributed to the parties’ estrangement (what caused the divorce)
• Any agreement between the parties
• The financial needs of each party (including income, income producing assets, retirement benefits, and financial obligations)

When a parent has stayed at home to provide for a special needs child, it can increase that parent’s ability to receive alimony to supplement his or her income and ensure that children still have the support they need. It may be that your child’s Individualized Education Plan (IEP) or medical care requires such active parental involvement that holding down a job would be difficult, or even impossible. However, in other cases it may be worth considering whether hiring a qualified childcare provider or home health aide would allow you to become more financially self-sufficient while at the same time providing for your child’s care. You and your attorney should take a practical look at your ability to enter the job market, and weigh the pros and cons of relying on alimony for your support. 

Tip #10: Consider Government Benefits When Negotiating Support

Avoid putting your child’s “means tested” government welfare benefits at risk. If the custodial parent receives too much income in the form of alimony and child support, it could disqualify the family from receiving certain government benefits. You may need to work with a special needs attorney or a financial advisor to know just how much you can receive from your ex-spouse and still be entitled to benefits. 

That doesn’t mean you have to manage with less support. In negotiating these payments, you and your divorce attorney should consider in-kind support or agreements that require the non-custodial parent to pay for certain medical expenses, housing costs, or special education tuition directly to eliminate the risk that an absolute judgment of divorce could cause your child to forfeit their entitlements. 

At the Law Office of Shelly M. Ingram, we know how hard it can be to successfully co-parent a special needs child. Our Maryland divorce lawyers are trained in collaborative divorce, mediation, and litigation strategies. We can help you resolve co-parenting disputes, create a custom parenting plan, and negotiate a fair child support and alimony award to make sure your child’s special needs are met. To talk to a collaborative divorce attorney or schedule a mediation, call us at (240) 652-2596">(240) 652-2596 or contact us online to schedule a confidential office consultation.

A lot can happen in a year. If you signed a separation agreement in Maryland but then something changes what seems fair, you may be looking for a way to change your agreement. Depending on what you want to adjust and what has changed in the interim, changing your agreement may be simple or it might be impossible.

What is a Divorce Separation Agreement?

When you or your spouse move out of the marital home and start planning for divorce, you may start by negotiating a separation agreement. Every decision you make about dividing furniture, or when you will see your children takes you another step toward resolving issues related to dissolving your marriage.

However, while it may seem easy to begin the negotiation of your separation agreement, finishing the negotiation is often very difficult. There may be disputed issues that both spouses feel strongly about. You may need to work with an experienced divorce attorney or mediator to work through those issues in order to reach a separation agreement you both feel comfortable with.

Ultimately, a marital separation agreement is the contract that controls how you and your spouse will divide one household into two, and how you will live apart. When you have a written separation agreement in Maryland, signed by both parties it will generally cover:

• Child custody, visitation, and support
• Any ongoing support contributions between the parties, for example: alimony or contribution towards the mortgage
• Division of marital debts like the mortgage or joint credit cards
• Health insurance for both spouses and the children
• Division of marital property

A marital separation agreement does not end your marriage. Only a judge can do that.

A marital separation agreement does not end your marriage. Only a judge can do that. But an agreement does outline what life can look like while you are separated and waiting for your judgment of divorce to be entered.

Out-of-Court Options for Changing Separation Agreements

Sometimes, people change their minds after a separation agreement is signed. You may not have understood the language or the practical effects of the language in your agreement. Maybe the way the agreement was written has unintended effects. Perhaps you felt pressured to say “yes” and regret the decision now that it is done.

Other times, life changes and what worked when you negotiated a separation agreement doesn’t work in your new circumstances. A new job may make a visitation schedule impractical or require one spouse to move out of state. Unexpected unemployment could make child support payments difficult or even impossible. Changes to the real estate market could mean plans to sell your marital home no longer make sense.

When life happens, you may find yourself wondering, can a divorce agreement be changed? The answer depends on what part of your agreement needs to change, and whether both parties can agree to the change.

You and your spouse can make changes to your separation agreement in Maryland as long as you both agree to do so; you sign a new Agreement that memorializes the new terms, and then submit the new Agreement to the court. However, negotiating changes to a separation agreement can often be more difficult and emotionally charged than resolving the issues the first time. In negotiation, you and your divorce attorney should be prepared to make a strong argument as to why the change is necessary; to explain how the change might be mutually beneficial; and to consider opportunities for compromise that will entice your partner to return to the negotiation table.

Will the Court Modify a Separation Agreement in Maryland?

A separation agreement is a contract, and the courts will treat it like one. That means generally you can’t ask the court to modify a divorce agreement just because you changed your mind after the fact. However, the court will modify a separation agreement in Maryland as it relates to certain important issues.

Modifying Child Custody, Child Support, or Parenting Time Plans

Material change is a high-hurdle and a question that requires case by case assessment.

Legal Custody (decision-making), Physical Custody (parenting time) and Child Support, are always subject to modification based upon a showing of material change in circumstances, when the modification is in the best interest of a child. Maryland family law gives judges the authority to modify child custody, child support, and parenting time within a separation agreement. If there has been a material change in circumstances since you entered into the separation agreement, you can ask the court to modify the parts of that agreement that relate to your children. What constitutes a material change in circumstances? Material change is a high-hurdle and a question that requires case by case assessment. If you think there may have been a material change of circumstances in your case, it is best to speak with an experienced Maryland divorce attorney that can evaluate the facts of your case and render an opinion as to whether or not a material change has occurred.

Modifying Spousal Support Awards

Awards of spousal support or alimony are also modifiable, in some cases. The court is allowed to adjust the amount or duration of spousal support paid by one party in support of the other unless separation agreement:

• Expressly waives alimony or spousal support
• Specifically says its alimony or spousal support terms are not subject to modification

You and your divorce lawyer should carefully review the language of your separation agreement before filing a petition to modify your divorce agreement to ensure you didn’t give away your right to request a modification.

Modifying Property Settlement Agreements

Unfortunately, many people want to change the terms of their separation agreements when they no longer think the terms of the property settlement are fair. However, modifying a divorce or separation agreement after it is signed to change the terms of property division is difficult and often impossible. Whether or not you are able to change the terms of your agreement often depends on whether or not there is a valid contract in the first place. Assessing the validity of a contract requires you to evaluate specific circumstances that are outlined under Maryland contract law.

Assuming your separation agreement was valid when you signed it, a judge may modify your Agreement (which is a contract) if the contract was signed as a result of duress (must be extreme), fraud, mutual mistake, or other inequitable conduct.

Assuming your separation agreement was valid when you signed it, a judge may modify your Agreement (which is a contract) if the contract was signed as a result of duress (must be extreme), fraud, mutual mistake, or other inequitable conduct.

The chances of proving these requirements are slim, but under certain specific circumstances it is possible. Even when the shares of property awards heavily favor one party, the court could say you made a bad deal, but you must have had a good reason to do so. In most cases, the law will not protect you from giving away too much or getting too little and you will be stuck with what you signed, and unable to modify your divorce agreement.

How to Avoid Buyer’s Remorse in Signing a Separation Agreement

To avoid getting the short end of a separation agreement, it is important that both parties have an attorney review the agreement before it is signed. By meeting with a Maryland family lawyer first, you can better understand what you are entitled to under Maryland law, what you are getting under the separation agreement, and how that agreement will likely play out. Reviewing a separation agreement with an independent lawyer ahead of time can help you avoid buyer’s remorse, and keep you from scrambling to find a way to modify or invalidate it after the fact. While it is difficult to negotiate an agreement, it is much easier than trying to modify an agreement after the fact.

At the Law Office of Shelly M. Ingram, our divorce attorneys understand the importance of negotiating a fair separation agreement the first time. We will negotiate with your spouse or your spouse’s attorney to save you time, frustration, and possibly money later on. We also know when and how you can modify the custody and child support terms of a divorce agreement for your children’s benefit and will help you find a solution that works for you and your family. Contact us today to schedule a consultation with an attorney.

For several weeks Marylanders have been asked to practice social distancing and other behaviors to help “flatten the coronavirus curve”. On March 23, 2020, the Governor of Maryland ordered many small businesses to close. On March 30, the Governor issued heightened safeguards including a “Stay-At-Home” Order, which will require all but very few people to stay at home or face imprisonment for up to one year, a fine of $5,000, or both.

A COVID-19 Layoff Allows Maryland Courts to Modify Child Support

If you have been laid-off or struggle with a reduction of earnings for any reason (Covid-19 or otherwise), you can request a modification of child support under Maryland law. In Maryland, child support continues until a child is 19 or graduated from high school, whichever first occurs. Child Support is always modifiable based upon a material change in financial circumstances, which might include the increase or decrease in a parent’s earnings or the increase or decrease in your child’s financial needs.

For example, local schools are closed. If you are an essential employee you may have consistent earnings, but a significant increase in work-related childcare costs. If you have experienced a loss of employment, in addition to the reduction in your income, you may also need to obtain private health insurance and those costs may be significantly more than your employer-sponsored plan.

Can You Get Immediate Child Support Modification During the Coronavirus Shutdown?

Maryland Courts have been closed to the public since March 16, 2020, except for a very limited scope of emergency cases (which does not include the modification of child support). When the Courts reopen, there will be a backlog of cases. It may be some time before your request for modification of child support can be decided, months or more. Nonetheless, it is important to file your request for modification with the Court immediately upon your change in financial circumstances. Why? The Court can order a retroactive modification.

File for Modification Now!

If you file your request for modification of child support now, retroactive modification allows the court to order that modification be backdated to the date that you first made your request. If your financial circumstances have changed and you wait to request a modification, you will not be able to get any relief for the period of time while you were waiting to take action. If you fall behind on your child support payments and you have not requested a modification, those unpaid amounts will become arrearages and they will still be owed.

While You Wait, Negotiate for a Lower Child Support Payment

Once you have filed for a modification of child support with the Courts, there is one sure fire way to speed up the process – reach an agreement.

Once you have filed for a modification of child support with the Courts, there is one sure fire way to speed up the process – reach an agreement. It may be that you and your co-parent are both painfully aware of the change in financial circumstances, loss of job, reduction of income, etc. If you can agree to modify child support (even temporarily), and the new child support amount is based upon the Maryland Child Support Guidelines, then you may be able to accomplish a quick modification of child support by filing your Agreement or a Consent Order with the Court.

The Maryland Department of Human Resources offers a free child support calculator online, which can be helpful to families with a combined household income of less than $15,000 per month. If your household income is more than $15,000 per month or you can afford to pay for a child support calculator, you can download the “home” version of the same calculator program used by the courts, SASI-CALC. With an Agreement, your child support modification will go into effect much sooner.

Self-Help Options for Child Support Modification

Many places where people look for legal help are outdated, inaccurate, or thinly veiled attempts to sell something. If you can’t afford to retain an attorney – we want to provide you with a few sources for reliable self-help information:

PeopleLaw.org

This website is sponsored by the Maryland Judiciary and provides legal self-help for Marylanders. This site also includes a searchable index of free and low cost-legal services providers in many practice areas, including family law.

Maryland Judiciary Family Court Forms Website

This website, also sponsored by the Maryland Judiciary, provides many free family law forms and detailed instructions on how to complete and file the forms yourself. These forms will not take the place of having an experienced attorney represent your interests, but filing these forms with the Court will allow you to request modification and get in line for a back-dated, retroactive modification.

Each child support case and the facts of each case are unique. These self-help resources are not intended to take the place of having an attorney advise you and represent your interests in court. Nonetheless, we recognize that sudden loss of a job and the current Covid-19 pandemic may make it difficult, if not impossible, to hire and retain an attorney.

If you are able to hire an attorney, our office would welcome the opportunity to negotiate or mediate the quickest possible modification of child support on your behalf, whether it be by agreement or by litigation. If you would like to speak with us to further discuss your options, please contact us or phone our office to schedule a confidential consultation. While we are not currently meeting with clients in-office, we can offer consultations via Skype, Zoom, and telephone. Again, if you don’t have the resources to hire an attorney, you can file a Motion for Modification of Child Support with the help of the local Office of Child Support Enforcement or on your own.

If you have a child who needs braces, has special needs, or faces diagnosis or treatment for a serious health condition, the medical costs can add up very quickly. When families of children with these needs are separated (whether through divorce or when parents were never married), it can make it hard to know who is responsible for the medical bills. Will the primary caregiver have to pay out of pocket, will the parent who provides the child’s insurance be required to pay, or will child support cover your child’s medical costs?

This blog post will provide a basic overview of how Maryland child support laws treat medical costs. It will review who is responsible to cover the child’s health insurance and what you can do if you are facing extraordinary medical expenses.

Everyday Medical Costs are Counted into Child Support

Maryland child support laws are designed to make sure that every child has the financial support of both parents, even though they may live with one parent more. That financial support is calculated in consideration of a child’s basic needs, from housing to healthcare. In general, the Maryland child support formula calculates how much each parent must contribute to the support of his or her children based upon a proportional share of the parents’ combined incomes. That combined income falls into one of several buckets that cover up to $15,000 per month and direct the total amount of support Maryland children are entitled to under the law. In high wage-earning families with a combined gross monthly income above $15,000, the court has discretion to award child support based upon the financial circumstances of both the parents and the financial needs of the children.

Once a basic child support amount is determined, the support is divided between parents based upon his or her share of the combined household income. The child support guidelines then recommend an amount of money (child support) that the higher earner or non-custodial parent (depending upon your custodial arrangement) must pay to the lower earner or custodial parent to meet a child’s needs. If your combined household income is less than $15,000 per month the guidelines recommendation is mandatory. If your household income exceeds $15,000 per month then the court, at its discretion, may deviate from the guidelines recommendation.

A child support calculation isn’t only a matter of income. The basic child support calculation may be also adjusted based on:

• Shared parenting time -- is the access schedule shared or sole custody?
• Child-only health insurance costs or the portion of a family health insurance premium related to the child
• Work-related child care expenses, which may include daycare, before care, after care, or camp, if the care is needed for work-related coverage.
• Extraordinary medical expenses (discussed later)

When it comes to the cost of your child’s health insurance premiums, child support is designed to cover basic medical costs.

When it comes to the cost of your child’s health insurance premiums, child support is designed to cover basic medical costs. However, when those medical costs start to mount or there are out-of-pocket expenses, basic child support may not be enough to meet your child’s needs.

New Law Expands Extraordinary Medical Expenses to Protect Children

Up until now, there hasn’t been much parents can do when a child’s various physical and mental health conditions resulted in mounting medical costs that were less than $100 per illness or condition. Under former Maryland law, parents were only entitled to additional child support for uninsured extraordinary medical expenses that exceed “$100 per illness or condition.” These extraordinary medical expenses come up frequently as related to things like:

• Braces or corrective dental work (orthodontia)
• Dental treatment
• Glasses
• Asthma treatment
• Physical therapy
• Treatment for a chronic health problem
• Counseling or psychiatric therapy for diagnosed mental disorders

Often, special needs children or those with chronic health conditions have multiple diagnoses at once. Maryland’s old extraordinary medical expenses law wouldn’t apply if the itemized cost of each condition was less than $100 (say an $80 breath treatment for asthma and a $50 allergy shot), even if the total cost far exceeded the limit ($130 in the above example). As a result, that parent that was responsible for taking a child to the doctor and paying basic co-pays could be responsible for significant out-of-pockets that did not meet the definition of extraordinary medical expenses as defined by the statute.

Now, the Maryland legislature approved a change to child support law that would allow extraordinary medical benefits to work more like a deductible. House Bill 742 changed the definition of extraordinary medical expenses to “uninsured costs for medical treatment in excess of $250 in any calendar year.” The law also officially added “vision care” to the list of covered child-only health insurance expenses.

Who Should Pay for the Child’s Health Insurance

What about health insurance? A family court judge may order either parent to provide health insurance for a child. The Maryland child support formula gives a prorated credit in the calculation of child support to the parent that provides a child’s health insurance. When the child-only portion of a parent’s health insurance premium is included in the calculation of child support, the premium is credited between each parent based upon his or her share of the combined household income. Depending upon custodial arrangements, income, and costs of insurance, this credit can cause parents to want to add their children to their health insurance policies, even when the other parent already has insurance, or when the court hasn’t ordered the coverage.

Double-insurance (when both parents provide health insurance for the same child) may work against the family, increase everyone’s overall insurance costs, and result in reduced coverage for your child. As a general rule, when two (or more) insurance policies cover the same person for the same condition, one policy will be considered “primary” and the other “supplemental”. However, the way insurance companies decide whose policy comes out on top may not have anything to do with premiums, coverage options, or even the child’s health. That means that a parent who decides to cover his or her child to save on child support may end up spending more out-of-pocket and might also leave his or her child with poor primary insurance coverage.

At the Law Office of Shelly M. Ingram, our child support lawyers understand the ins and outs of the Maryland Child Support formula. We can educate you about what your child support order will cover, and how to take advantage of changes to the extraordinary medical expenses law. If you need help with your child support matter, contact us today to schedule a confidential consultation with an attorney.

Next to child custody, child support is one of the issues parents worry about most in a divorce. The Maryland Child Support Guidelines calculate child support on an "income shares" model, which focuses on the relative incomes of the child's parents rather than the specific expenses of the child. Income, of course, can consist of more than what's listed on your paystubs. To calculate income for child support purposes, what types of income do the Maryland Child Support Guidelines take into account?

Understanding "Actual Monthly Income" and Maryland Child Support

The first thing a court needs in order to compute child support is to understand the family's custody arrangement. As a general rule, the parent who has primary physical custody of the child will receive child support from the other parent, though things may shake out differently if the custodial parent has a significantly higher income, or if the parents share physical custody, meaning each has the child for more than 127 overnights per year.

After ascertaining the custody arrangement, the court needs to consider the actual monthly income of each parent. Actual monthly income includes certain types of income and excludes others. Included for purposes of calculating child support are:

• Salary or wages
• Bonuses
• Commission
• Tips
• Rental income
• Business income
• Dividends
• Interest income
• Income from investments
• Distributions from trusts
• Distributions from annuities
• Income from self-employment
• Workers' compensation benefits
• Unemployment benefits
• Severance pay
• Disability benefits
• Spousal support (alimony)
• Social Security benefits
• Gifts, prizes, and lottery winnings
• Capital gains

While this list is extensive, it is not exhaustive. Means-tested government benefits such as Temporary Aid for Needy Families (TANF), Aid to Families with Dependent Children (AFDC), food stamps (SNAP), and Supplemental Security Income (SSI) are not included in actual monthly income.

After the court identifies actual monthly income, some amounts are deducted in order to arrive at each parent's adjusted actual income. If either parent pays alimony or pre-existing child support, those figures are subtracted from actual monthly income. Note that the parent must actually pay those amounts, not just be ordered to pay them.

Parents' adjusted actual incomes are then plugged into the Maryland Child Support Guidelines to determine the basic child support obligation; other factors, such as costs of health insurance, extraordinary medical expenses and work-related childcare are also taken into account in reaching the total child support obligation for the family.

Note that use of the child support guidelines is mandatory for calculating child support in Maryland, but only for families whose combined household income was less than $180,000 per year. Beginning July 1, 2022, the Maryland child support guidelines are updating the threshold for combined family income from $180,000 to $360,000. If the combined household income exceeded $15,000 per month, the court had the discretion to take other factors, such as child-related expenses, into account in calculating child support. After July 1, those numbers will double to $30,000 per month (or $360,000 per year). This should provide more prompt and predictable results for families earning between $180,000 and $360,000 per year. For families over the new threshold, the Court will have discretion in determining the level of child support.

What if One Parent Intentionally Reduces Their Income?

Unfortunately, some parents are more interested in dodging their child support obligations than in actually supporting their children. This may lead to a parent choosing to be unemployed or underemployed, or to working "under the table" and failing to report all of their earnings. Is there any recourse for the custodial parent, who might otherwise be penalized in child support calculations?

Fortunately, yes. There is a mechanism called "imputation of income." In essence, the court treats the underemployed parent as having a certain level of income, whether or not they do in fact. In order to impute income to a parent for child support purposes, the court must find that they are "voluntarily impoverished," and that they could work but simply choose not to.

Courts do not impute income to a parent simply because the other parent thinks they are not looking for a job or working as hard as they could. The court must be persuaded that the unemployed or underemployed parent's financial position is truly voluntary. Voluntary impoverishment may include refusing to look for a job, voluntarily quitting a job one already has, or working in a job that pays significantly less than one could reasonably be earning. Deliberately concealing financial assets or self-employment income can also lead to a finding of voluntary impoverishment.

Take Action if You Have Child Support Concerns

You may have suspicions or even knowledge about your soon-to-be ex's income, but you need to be able to prove it to the court. This is where the assistance of an experienced Maryland child support attorney is an important investment. The child support award the court makes is only as good as the information the court receives in order to perform a child support calculation; a knowledgeable attorney can make sure the court is not overestimating your income, or underestimating the other parent's.

The result of hiring the right attorney for your child support may be that you will pay less, or receive more, in child support every month for many years—something that can add up over time. Not only does an attorney's help improve your likelihood of success in a child support matter, but Maryland courts will also allow you to seek attorney's fees in pursuing your child support claim.

If you need to establish, enforce, or modify child support, especially if you suspect your child's other parent has not provided accurate income information, we invite you to contact our law office to schedule a confidential office consultation. We look forward to working with you to ensure that your child's needs are adequately provided for and that your rights are protected.