A court-ordered child support payment allows the receiving parent to budget for their household and the providing parent to anticipate the minimum amount required to give each month.
For legal assistance receiving payments from a spouse or enforcing an existing agreement, reach out to a child support lawyer today. Mothers and fathers can get answers to any legal questions they have about the child support process from the seasoned family attorneys at Nguyen Roche.
Child support is a court-ordered payment requiring the noncustodial parent to provide financial support to the custodial parent for the care of their child. The court may also mandate child support when parents share custody. The goal is to ensure the child’s well-being wherever they are located.
Many people misunderstand the purpose of child support. It is not solely to buy items directly for the child, though it can be used for food, clothing, and other direct expenses. It is also designed to pay for the following:
A reliable attorney in Owings Mills could help with the complex process of child support, whether their client is a custodial or noncustodial parent.
Child support payments are based on a person’s ability to pay, not the desire to pay. Some parents will become intentionally underemployed to try to reduce their child support obligations or avoid paying. The courts take a dim view of this approach. They are allowed to look at an individual’s earning ability, not just how much money they are currently making.
The court also reviews a parent’s pre-tax income when determining child support. Income is not limited to salary and wages and also includes the following:
Once the pre-tax income is determined, the court looks at the adjustment to income, including any other child support or alimony obligations. The result is the adjusted monthly income.
If a parent does not have a high earning ability, the court cannot reasonably order higher child support. However, the state’s child support guidelines use a formula that considers both parents’ incomes, whether the children have any special needs, the terms of the custody agreements, and other factors.
Additional expenses impacting child support obligations include work-related childcare expenses, extraordinary medical expenses, counseling, and physical therapy.
The court also examines the percentage of overnights with each parent. While parents who share custody may be entitled to child support, a parent who has the children less than 35 percent of overnights is not eligible. During an initial meeting, a professional lawyer could answer any additional questions that a client has concerning child support.
Maryland uses the “Income Shares Model.” This formula estimates the total amount parents would spend on a child if they lived together, then divides that obligation between the parents based on their individual percentage of the combined monthly income. The court also considers childcare costs, health insurance premiums, and extraordinary medical expenses.
Support generally ends when a child turns 18. However, if the child is still enrolled in high school, payments continue until graduation or the child’s 19th birthday, whichever occurs first. Obligations may extend indefinitely if a child has a physical or mental disability that prevents self-support.
No. Under Maryland law, the right to receive support belongs to the child, not the parent. While parents can reach agreements on the amount, they cannot “bargain away” or waive the obligation entirely. The court must approve any agreement to ensure it serves the child’s best interests.
Maryland defines shared physical custody as each parent having the child for at least 92 overnights (25%) per year. In these cases, a specific “Shared Custody” formula is used. It accounts for the fact that both parents are contributing to daily expenses, often resulting in a lower payment from the higher-earning parent.
“Actual income” includes almost all sources: wages, salaries, bonuses, commissions, dividends, social security benefits, and workers’ compensation. It does not include means-tested public assistance like SNAP (food stamps) or Supplemental Security Income (SSI). The court uses gross income—the amount before taxes—for its calculations.
No. Child support and visitation are treated as separate legal issues. You must continue to pay your court-ordered support even if you are being denied time with your child. Conversely, a parent cannot deny visitation because of missed payments. Both issues must be addressed through separate legal motions.
If a parent is “voluntarily impoverished”—choosing to be unemployed or underemployed to avoid support—the court can “impute” income. This means the judge calculates support based on what the parent could earn, considering their education, work history, and job market. This prevents parents from intentionally lowering their income to pay less.
You must file a “Motion to Modify Child Support” with the court. To win, you must prove a “material change in circumstances” has occurred since the last order. This could include a significant increase or decrease in either parent’s income (usually at least 25%), a change in custody, or new childcare needs.
The Maryland Child Support Administration (CSA) can take several enforcement actions. These include garnishing wages, intercepting state and federal tax refunds, reporting the debt to credit bureaus, and suspending driver’s or professional licenses. In severe cases, the court may hold the paying parent in contempt, which can lead to jail time.
Generally, no. A new spouse’s income is not included in the basic child support calculation. However, their contribution to household expenses may be considered indirectly if a parent claims they cannot afford their own basic needs or if the court decides to deviate from the standard guidelines for fairness.
Not automatically. Maryland law does not require parents to pay for college tuition or related expenses after the child reaches the age of majority (18 or 19). However, parents can include college-related agreements in a signed settlement or divorce decree, which then becomes legally enforceable by the court.
You are not required to have a lawyer, but it is recommended for complex cases. You can apply for services through your local Child Support Administration office for a small fee. They can help establish paternity and enforce orders, though their attorneys represent the state’s interest, not the individual parent.
For any questions or concerns about the payment process, speak with a child support lawyer. They could explain the child support guidelines and whether a client’s circumstances warrant a deviation from them.
Do not hesitate to schedule a consultation with a hardworking legal professional with Nguyen Roche today to learn more.
Owings Mills
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Owings Mills, MD 21117
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Baltimore, MD 21202
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Phone: (443) 238-0160
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