When does child support begin?
The Maryland Court may only help you with
child support from the time you actually file
a request for the Court to make a finding that
child support is due. The Court does not go
back to the date the parties separated if no
case has been filed. Prompt filing is
imperative for the Court to grant retroactive
Who is covered?
Any Child(ren) born to the parties whether
they are married or not. If their is a
question about the legitimacy of a Child the
Court can Order a paternity test.
just lost my job. Will the Court go back to
date I was terminated?
No, a modification of
a Maryland child support order runs from the
date of actual filing for a modification. If
you wait two months from termination to file
for a change in your child support obligation
the Court can only grant you relief from the
date you filed your request, not the date you
How does Maryland
determine child support?
The Maryland legislature enacted a child
support statute that encompasses child
support guidelines. The guidelines are more
complex then in many states that simply use a
percentage. Maryland takes each parent's
actual gross income and then takes into
(A) preexisting child
support actually paid;
(B) health insurance
(C) alimony (either
paid in your current case or another case you
are involved in);
(D) Work-related child
care expenses (Daycare, After school, etc.;
expenses (which may include: special or
private school, transportation between
How do I determine
"Actual income," consists of but not
(E) Dividend income;
(F) Pension income;
(G) Interest income;
(H) Trust income;
(I) Annuity income;
(J) Social Security
(N) Alimony or
(O) Regular payments
received from a relative (You parents send you
money every month);
(P) Other fringe
benefits from employment, i.e. automobile,
cell phone, cable or internet service etc.
that you might have paid for even if you did
not have your current job)
What about overtime?
If you get regular overtime and not occasional
overtime the Court may include this as "actual
income". This is a case by case situation that
need to be carefully looked at. If you get
overtime once every 3 or 4 months for one hour
will be looked at differently then 5 to 10
hours every week.
Will they consider private school?
If the parties had previously agreed on
private schooling the Court will look at the
past history and what is in the best interest
of the child. However, if the parties can not
afford to continue paying for private
schooling the Court may decline to include the
cost of private school. Again this is on a
case by case basis.
What is the formula for Maryland Child
Maryland uses a table of mathematical numbers
taking into account the number of children,
overnights of greater then 128 nights and
factors discussed in this FAQ article. Child
support guidelines do not apply if the
combined adjusted income in excess of
$10,000.00 The Courts may, but rarely deviate
from child support computations below combined
incomes of $10,000.00 per month. Most Court
use SASI-Calc software to determine the
Maryland Child support.
What is shared custody?
If the parties child(ren) spends in access of
128 overnights per year or 35 percent of the
time with either parent the Court utilizes at
separate formula recognizing more of a shared
cost approach to determine Child support.
What if obligor quits his job to avoid
paying Child support?
A person required to pay child support may not
deliberately quit his job to avoid Child
Support. This is called involuntary
impoverishment. The Court can fine the
non-paying parent in contempt of Court and
incarcerate them. The Maryland office of Child
support can ask for a tax intercept of any tax
refunds, pull their right to drive in Maryland
and even deny them the right to a certain
travel/passport/visa rights if the arrearage
reaches a certain amount thru state and
federal reporting systems.