If you are planning to seek a divorce here in Charles County, Maryland in the near future, be aware there have been some changes made to Maryland divorce laws. Many of these changes were enacted into law in 2020 and in 2021. However, they are slated to go into effect starting July 2022. If you are needing a divorce in Maryland, call us here at the Law Office of Robert Castro at (301)870-1200. We are family law attorneys in Waldorf, Maryland. Here is a quick summary of some of the more important changes in Maryland divorce laws.

High-Net-Worth Divorces in Prince George’s County, MD

One of the most important changes in Maryland divorce law is an expansion of the child support guidelines for high-income couples that are divorcing with children. Prior to the changes, child support guidelines were used only for couples with a combined monthly income of $15,000. Under the old laws, the court had discretion in what amounts to award for high-net-worth couples.

Now, the guidelines have been expanded to include couples with a combined monthly income up to $30,000. Going forward, Maryland divorce courts will have to use Maryland’s child support guidelines unless there are compelling reasons to deviate from the guidelines. See new statutory provisions here.

Incarcerated Child Support Obligors in Southern MD Divorces

Another change involves suspension of child support obligations when the obligor (the parent required to pay child support) is in jail or prison. Under the old rules, suspension of child support was allowed when the parent was sentenced to more than 18 months. That has been reduced to six months. However, the change did not affect the other requirements for suspension such as the obligor is not on work release and the obligor did not commit a crime to become incarcerated for the purpose of avoiding child support obligations.

St Mary’s County Maryland Divorces and Shared Physical Custody

Maryland’s divorce laws were also changed to modify the definition of “shared physical custody.” Where physical custody of children is shared between divorcing spouses, that shared custody is taken into account mathematically in the Maryland child support guidelines calculations. Under the new changes, to qualify for “shared custody,” the percentage of overnight stays has been reduced from 35% to 25% (or from 128 overnights stays per year to 92 overnights).

Updated Definition of “Voluntary Impoverishment” for Waldorf MD Divorces

The new laws also update the definition of “voluntarily impoverished” to mean that a “… parent has made the free and conscious choice, not compelled by factors beyond the parent’s control, to render the parent without adequate resources.” In general, parents cannot voluntarily become unemployed or underemployed to avoid their child support obligations. If a Maryland divorce court finds that a parent has engaged in voluntary impoverishment, then the court can impute income to that parent based on their potential income. The new statute also provided a new, updated definition of potential income.

Contact Waldorf, Maryland Family Law and Divorce Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions contact our office to speak to an experienced Maryland family law and divorce lawyer at (301)870-1200. We are Waldorf, MD Divorce lawyers. Our address is: 2670 Crain Highway, Waldorf, MD 20601.