Are you currently paying child support?
Are you receiving child support?
Should you be receiving child support but are too afraid to start the process?
There are several reasons 2019 is likely to be the Year of Child Support in the State of Maryland.
The possibility exists that the Maryland Legislature will change the way child support is calculated in Maryland. Will they? Who knows? But everyone needs to be prepared.
If Maryland child support is changed in 2019, it will likely be to recognize that non-custodial parents who have their child(ren) fewer than 128 overnights per year should have lower child support.
Many states have already instituted this formula. Maryland has not.
What will this mean to you? If you are paying child support and if the child support formula changes, can you file for a modification solely on the basis that the new law would be more favorable to you? Probably not, but there are often other allegations of material changes that will allow you to seek modification of your child support.
If you are receiving child support, can you prevent a change in child support from reducing the support you are getting?
The short answer is “it depends.”
Many factors go into calculating child support. It begins with each parent’s gross income. If combined they total less than $180,000 per year, child support guidelines are mandatory. If combined they total more than $180,000, the guidelines are discretionary and can be negotiated.
The number of overnights is important. Currently, the law states if overnights exceed 128 per year, child support goes down. If overnights do not exceed 128 per year, child support is higher.
There are additional factors, such as payment of child support to others, receipt of alimony, educational expenses, health insurance, and more, that factor into child support.
Let’s make it super simple: With a single call, email, or free consultation with a highly experienced divorce attorney, you can find out whether you should seek to modify your child support.
As always, if you are paying or receiving child support, keep on top of potential changes to the laws. SEIGELLAW can help. Call us today at 410-792-2300 or fill out the form to receive additional information.