Parents who want to pay more child support can voluntarily do so. The key word in that sentence is voluntarily. During a divorce, many parents decide not to fight too hard about the amount of child support that they will be obligated to pay. Many are guilted by the other parent or agree to higher payments out of some sense of obligation. However, that is a mistake. Parents should fight hard for the lowest court-ordered child support payments.

There are several reasons. First, under Maryland divorce laws, parents are only legally required to pay a certain amount based on their income as adjusted and calculated by various credits and debits from their earnings. No one should agree to pay more than the law requires. No one should be guilted into agreeing to pay more than required. As noted, parents can always voluntarily pay more in any given month.

Second, a court Order is a legal obligation that can be enforced by a contempt proceeding. Failure to pay child support can even land a parent in jail. There is no reason to agree to pay more than you have to since one potential consequence is jail time.

Third, court-ordered child support is an obligation that can be enforced in legal proceedings by the other parent. Further, that enforcement can come many many years after the divorce and after the child (or children) have reached their majority. As of now, the parents might be “playing nice,” but years from now, matters might have moved toward vindictiveness.

For these and other reasons, parents should fight hard for the lowest court-ordered child support payments. This means several practical steps. First, do not waive or give up various credits that you might have accumulated. For example, if you paid child support prior to the divorce and during the divorce proceedings, you may have paid too much each month. Do not “be nice” and waive your right to receive “credit” from the court for such payments.

In addition, properly calculate your earnings. Take all of the deductions and credits that you are allowed to take under Maryland law. These include deductions for other children and other child support obligations, union dues, and more. Likewise, do not voluntarily give up on various tax credits that should be shared by the parents. These include the income tax credit for dependents AND the child tax credit that parents receive for each child. These credits must be included in a parent’s support calculations because such tax credits increase/decrease a parent’s earnings which, in turn, affects the ultimate child support amount that will be ordered by the Maryland divorce court. If a parent is self-employed, then another area to “watch” is a proper deduction for withholdings. Self-employed parents pay more taxes. As such, a higher estimate of tax withholdings will reduce the parent’s income for purposes of calculating how much child support is ordered. Similar care should be taken when considering payments made for health insurance.

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.