Like many States, Maryland divorce laws have created guidelines for how much parents should be paying in child support following a divorce in Waldorf, MD. For Maryland divorces, the statute provides a “grid” which lines up the combined income of the parents and the number of children that are in need of support after the divorce is finalized. See here. The grid provides the guidelines for Maryland divorce courts to use in Maryland divorces where the couple’s combined monthly income is $30,000 or below. If you are needing a divorce in Maryland, 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 basics on child support awards under Maryland divorce laws.

For example, for a couple with a combined monthly income of $7,000 and two children, the total amount of child support should be at least $1,597. Maryland divorce courts are supposed to follow the guidelines and generally do. But, there are some circumstances where the Maryland divorce court can increase the child support obligations above the guidelines. See discussion below. To continue the example, if the same couple has four children, then the Maryland divorce child custody statutory guidelines say that the total amount of child support should be $2,350. From there, the Maryland child support award is divided between the parents in proportion to their separate income (including any alimony received by one parent from the other). In general, the parent with physical custody is deemed to be “paying” their portion of child support through housing, food, clothing, etc. The non-custodial parent pays his or her child support by making a payment to the custodial parent.

Can the Maryland Divorce Court Order MORE Than What the Guidelines Provide?

Yes (although it is rare). The issue is somewhat legally complicated, but under Maryland divorce laws, the guidelines are the “correct amount of child support to be awarded” unless either parent can rebut the presumption of correctness and show that the child support award is “unjust or inappropriate.” See MD Fam. Law, Section 12-202(a). A “rebuttable presumption” means that the court can take evidence of other factors that might cause the Maryland divorce court to make a finding of “unjust or inappropriate” with respect to a per-guidelines award of child support. The statute provides the following factors that can be considered:

• The terms of any existing separation or property settlement agreement or court order, including any provisions for payment of mortgages or marital debts, payment of college education expenses, the terms of any use and possession order or right to occupy to the family home under an agreement, any direct payments made for the benefit of the children required by agreement or order, or any other financial considerations set out in an existing separation or property settlement agreement or court order; and
• The presence in the household of either parent of other children to whom that parent owes a duty of support and the expenses for whom that parent is directly contributing

These are the only two factors that a Maryland divorce court can consider AND the second factor cannot be used by itself to order any amount other than what is set forth in the Maryland child support guidelines.

Can the Maryland Divorce Court Order LESS Than What the Guidelines Provide?

Yes (although, again, such is rare). The same legal principles apply: if an award pursuant to the guidelines is “unjust or inappropriate,” the judge can award less than what the guidelines suggest. As one case example, see Bot v. McFarland, Case No. 578, September Term, 2021 (MD Court of Special Appeals of Maryland 2022), where the Court of Special Appeals agreed with the trial court’s decision to award no child support from either parent upon an application to modify the original award.

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.