Maryland Divorce Law: What is the Difference Between Alimony and Child Support?

Under Maryland divorce law, alimony and child support are two separate and distinct types of payments that can be ordered by a Maryland divorce court when a couple seeks to dissolve their marriage. Alimony is payment made by one spouse to the other for spousal support. That is, the money goes to the spouse to allow him or her to continue at a certain standard of living. By contrast, child support is money paid by one spouse/parent to the other for the support of children of the marriage. That is, child support is for the children, not for the parent. Child support is generally paid to the parent who is awarded physical custody of the children and is paid by the non-custodial parent.

Almost always, when both alimony and child support are awarded by a Maryland divorce court, both are paid by one spouse/parent to the other. This is because both alimony and child support are determined, in part, by the relative annual earnings of the spouses. Generally, the higher earning spouse pays alimony to the lower earning spouse. Likewise, generally, the higher earning spouse will owe more in child support. However, under certain circumstances, a higher earning spouse could be awarded custody of the children and be entitled to RECEIVE child support payments while also being ordered to PAY alimony.

As can be seen, divorce in Maryland is complex. Thus, if you are seeking or involved in a Maryland divorce, call us here at the Law Office of Robert Castro at (301)870-1200. We are family law attorneys in Waldorf, Maryland. Here are some other salient differences between alimony and child support.

How Much Do You Have to Pay?

As noted, in Maryland, alimony is typically paid by the higher earning spouse to the other spouse so that both spouses can live in the manner to which they became accustomed during the marriage. In theory, there is no upper limit to how much alimony a Maryland divorce court can order (although there are practical limitations). By contrast, there is a general limit to how much child support a Maryland divorce court can order. Like many States, Maryland has statutory Guidelines for Maryland divorce courts to follow when ordering child support. The guidelines are in a “grid” format which takes into account the combined incomes of the parents and the number of children to be supported. Both parents are responsible for child support in proportion to their annual earnings. In general, Maryland divorce courts do not order more child support than is recommended in the Guidelines.

How Long Do I Have to Pay?

Another salient difference between alimony and child support is the potential length of payments. In general, child support will terminate when the last child reaches the age of 18. This can be longer if the parents agree or if there are extenuating circumstances. But, generally, child support payments stop when the children reach the age of majority.

By contrast, in Maryland, indefinite alimony can be ordered. However, indefinite alimony is rare and requires the Maryland divorce court to make certain findings. See Md. Fam. Law Code, § 11-106(c). More commonly, the Maryland divorce court orders alimony to be paid based on many factors including the length of the marriage. An imperfect rule of thumb is one year of alimony for every two or three years of the marriage.

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: