Under Maryland divorce laws, child support payment obligations are determined by three factors: joint parental income, each parent’s share of that joint income, and the total number of children (not just from the marriage in question). Thus, if either parent has another child, then, in theory, the Maryland divorce court could be asked to modify the existing child support obligation Order.

However, until that Order is modified, the obligations set forth in the Order are legally binding and must be followed.

If you have had another child and are thinking about seeking a modification of child support, you should seek the help of experienced Charles County, Maryland, Family Law and Child Custody Attorneys at the Law Office of Robert Castro. Call us at (301) 870-1200 or use our contact page. We have offices in Waldorf, Maryland. We provide child custody and support legal services in Charles County and other parts of Southern Maryland. We can explain how modification requests are made and offer legal advice on whether seeking modification is worth the time, expense, and effort. Many times, as discussed below, despite the new child, child support obligations are unlikely to change (or only change in a small way)

To Seek a Modification, There Must be a “Material Change” in Circumstances

Generally, a Maryland divorce court’s Order regarding child support is intended to last a number of years. That is, courts do not look favorably toward constant efforts to modify child support orders. Thus, to file for modification, the courts require that a “material change” in circumstances exist. Examples of a “material change” include significant changes in income (from a lost or a new job, for example) or something like a new child. Understand that, if a modification is requested, the court will consider all of the issues and will, essentially, re-do the child support calculations set forth in Maryland’s divorce and family law statutes.

Possible Scenarios 

As noted, depending on the circumstances, child support obligations may or may not change significantly just because there is a new child. Consider the various scenarios.

First, consider a situation where the new child is with a new romantic partner of the CUSTODIAL parent. In a case like that, the new child’s other parent will have obligations to support their child. Likewise, the custodial parent’s obligations under Maryland’s laws will go UP. The custodial parent has another child, and under the Guidelines, that means an extra portion of income must be devoted to bringing up and raising children. But, for the non-custodial parent, the obligations remain the same. It is possible that the child support obligations of the non-custodial parent will go down significantly. However, it is also possible that the change will not be significant.

Second, consider that the new child is with a new romantic partner of the NON-CUSTODIAL parent. In that case, the general obligation to support children will increase under the statutory Guidelines. In this situation, some of the current child support might be “shifted” to support the new child. Again, it might significantly lower child support obligations to the non-custodial parent.

Finally, consider that, for various reasons, the divorced parents have a new child together (even though they remain divorced). In this situation, likely the child support obligations will GO UP since there is a new child to support.

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.