If your child support was Ordered through a divorce proceeding, then, at any time, you can seek to modify your child support payment obligations. If your child support was ordered through a different proceeding (like a paternity suit), then you can seek to change the amount of your child support every three years. This article will focus on modifying a child support Order that was issued as part of a Maryland divorce proceeding. It is best to seek legal advice if you are thinking of trying to modify a child support Order. Call us here at the Law Office of Robert Castro at (301) 870-1200. We are Maryland divorce and family law attorneys with offices in Waldorf, Maryland. We provide divorce and family legal services for La Plata, Clinton, Bowie, Greenbelt, Landover, and other communities in Charles County and Southern Maryland.

Legal requirements for modifying a Maryland child support Order

The basic legal requirement for seeking to change your child support payment obligation is the existence of some “material change in circumstances” that justifies a change in the court’s Order. One of the most common “material changes” is the loss of a job (as long as the loss was not voluntary). This can be for either parent. Thus, “paying” parents who lose their jobs can seek to have the child support payments reduced. Alternatively, child-support-receiving parents who lose their jobs can seek to have the child support payments increased. Child support obligations are based on the parents’ joint income. Thus, the loss of a job by either parent can be the basis for recalculating the child support obligations. Other common reasons for seeking to modify child support include:

• Significant increase or decrease of income by one parent not involving loss of a job — a 25% increase/decrease is generally considered a “material change in circumstances
• Assets/income of one parent significantly change for various reasons such as obtaining an inheritance, winning a lottery, etc.
• Natural change in circumstances as the child/children grow older — costs of food, clothes, and other things increase as a child grows
• Child’s needs change because of something like a medical condition
• And more

What is the process?

The process involves filing a written petition with your Maryland divorce court. This is likely the one in the county where you live. The petition will ask that the court review the most recent child support payment Order and ask for a modification. The petition must state the “material change” that justifies the change in circumstances. Commonly, the specific judge that reviews the petition will probably not be the same judge that handled your divorce case. In any event, the legal standard is still based on the “best interests” of the child, and the judge will evaluate modification based on Maryland laws and Maryland’s child support guidelines.

The parent seeking modification has the burden of proving that a change is justified. The other parent will receive a copy of the petition and can file his or her own written response. Likely, the judge will schedule a hearing where testimony will be heard and documents reviewed.

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.