In Charles County, Maryland, parents are obligated to pay for the support and upbringing of their children. That is the main purpose of requiring child support payments from a non-custodial parent to a custodial parent. Child support payments and obligations are not “fixed in stone.” They can be changed if circumstances change including, in some cases, when child day care is no longer needed. If you have questions about Maryland child support, call us here at the Law Office of Robert Castro at (301) 870-1200. We are Child Support Lawyers in Charles County, Maryland with offices in Waldorf, Maryland.

Background

Generally speaking, there are two broad types of child support: basic and additional. Basic child support is “payment” by the custodial parent in the form of paying for housing, food, clothing, etc. and payment by the non-custodial parent in the form of a check or other transfer of money. Basic child support is calculated using the Maryland Guidelines. See Md. Fam. Law Code, § 12-204. The Guidelines create a cross-reference grid involving the parents’ joint net income, each parent’s percent of their joint income and the number of children. The grid identifies the total child support for the number of children and that is then divided by their percentage of the total. So, a parent making 75% of the income will “pay” 75% of the basic child support.

What about daycare costs?

Costs for daycare services are considered “additional child support” and are distinct from the basic child support obligations. These additional child support obligations are also apportioned between the parents based on their percentage of their total net income. Other examples include costs for private schooling and health care insurance.

When daycare ends, can child support be reduced?

When daycare costs end, in theory, child support payments can be reduced. The first step is to read the Maryland divorce court’s Order with respect to child support obligations. Often, the Order will specifically state — and reduce — payments for daycare when daycare no longer becomes necessary. If the Order allows for that, then payments for daycare can stop.

However, if the original court Order is silent on the question, then payments for daycare expenses must continue even though daycare has ended. In this sort of circumstance, it will be necessary to seek a modification of the court’s Order. The process involves filing a Petition with the Maryland divorce court asking for a modification of the child support obligations.

Be aware, however, that the court is empowered to engage in a full review of the parents’ respective child support obligations. So, if the child or children now have other school-related expenses, the court might agree that daycare costs are no longer needed, but that other schooling expenses should now be ordered as additional child support. The court could also recalculate all child support obligations based on the new joint income of the parents and other changes.

Contact Waldorf, Maryland Family Law and Child Custody 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, Family Law lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.