Yes. The reason is that child support obligations are based on the total income of the parents and each parent’s percentage of the total parental income. In Maryland, an award of alimony must be made before an Order is issued concerning child support. Maryland Fam. Code, § 12-204(a)(2). Further, any alimony awarded is added to the receiving spouse’s income and deducted from the paying spouse’s income. This adjusts the percentages that each parent has of the total parental income. In this manner, the child support obligations of the alimony-paying spouse is reduced (because his or her income has been reduced). If you have questions about Maryland alimony and child support, call us here at the Law Office of Robert Castro at (301) 870-1200. We are divorce attorneys in Waldorf, Maryland. Here is more information on how paying alimony reduces child support.

Let’s take an example. Assume that the total parental income is, say, $10,000 a month. Assume also that, pursuant to the Maryland guidelines, a monthly income of $10,000 with two children to support equals a required $1,800 or so total child support obligation for both parents. If, in our hypothetical, both parents make $5,000 a month, then both would pay a 50/50 share of the total child support — that is, $900 each. But, one parent made only $2,000 a month and the other $8,000, then the split would be 20/80. That would result in the higher earning spouse being obligated to pay 80% of the child support; or $1,400.

To continue the example, assume the 20/80 percentage of total income and also assume that the Maryland divorce court ordered the higher earning spouse to pay $2,000 a month to the other spouse as alimony. In our hypothetical, the percentage of total income now becomes 40/60. The higher earning spouse would now pay 60% of the child support; or $1,080. This same percentage split will apply to all forms of child support such as payment for daycare, education, etc.

In this hypothetical, we are assuming that the lower earning spouse ends up with full custody of the children. When that happens, the custodial parent is presumed to “spend” their share of the total child support obligation on providing shelter, food, clothing, etc. The other payment is sending payment. Of course, if custody is shared, then there are changes to the child support formula based on that shared custody. However, the impact of the alimony awarded still exists.

What Happens if Alimony Terminates?

Not every award of alimony is permanent. So, in some Maryland divorce cases, the alimony will terminate before the child or children reach 18 (or 19 if they are still in high school). Alternatively, alimony can terminate if the alimony-receiving spouse gets remarried.

If the alimony terminates for any reason, then the child support payment obligations CAN be revised. Such does NOT happen automatically. The requirements of an existing child support Order continue until changed. So, one or both parents will need to seek a modification of the child support Order.

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.