The answer is that it depends on what the final divorce decree says. If the child support payment amount is fixed, then you must pay that amount until you obtain a modification of the child support from the Maryland divorce court.

To obtain a reduction because a child has reached majority, you will need to file a written motion or petition to have the child support payment obligation modified. But caution is in order. When you file the motion/petition, be aware that the divorce court will do a complete recalculation of the child support due based on the number of remaining minor children and the current joint income of the parents. If the joint income has increased substantially, it is possible that the new calculation might actually increase your child support payments. So, before taking action, it is best to seek legal guidance from experienced Maryland divorce lawyers like those here at the Law Office of Robert Castro at (301) 870-1200. We are divorce attorneys with offices in Waldorf, Maryland.

On the other hand, sometimes the court’s final Order includes an automatic reduction of the child support payment amounts when one of the children turns 18 (or graduates from high school). In the Order, this will generally be clear since the Order will specify two (or more) payment amounts. These are sometimes called “step down” Orders. If there is “step down” language, the Order will also generally specify the process. For example, the parents may need to provide and file documents with the Clerk of Court or something similar.

The phrasing of the court’s final Order is something that the spouses can negotiate. So, before the final Order is entered, the child-support-paying parent should ask the court to add language that will cause an automatic reduction when a child reaches majority. Maryland divorce court judges are typically willing to do this, particularly if the children will be reaching majority a few years after the divorce is finalized. Courts are more reluctant to do this when the children are very young. This is because income and circumstances are likely to remain relatively constant over three to five years. That is less true for a time span of 10 to 15 years.

The idea that “favorable language” should be included in a final divorce Order is another reason that divorcing couples should avoid do-it-yourself divorces. Without legal training and experience, many DIY litigants may not know that you can ask a judge for certain language in the court’s Order. Further, DIY litigants may not know what language to ask for.

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.