Under Maryland divorce laws, you cannot change or modify your child support payment obligations without seeking a modification of the Maryland divorce court’s order. Child support is generally ordered after a Waldorf, Maryland divorce proceeding. That Charles County, MD divorce court order is binding until it is modified (or expires). It is not even legally safe to change your child support payments if your ex-spouse agrees (verbally or in writing). What needs to be done is to file a petition/motion with the Maryland divorce court seeking a modification of the child support payment obligations. Obtaining a modification of Maryland child support obligations is complicated. Thus, if you are facing this situation, you will need an experienced and five-star Maryland divorce law firm like the Law Office of Robert Castro. If you need help with Maryland child support or other Maryland divorce matters, call us at (301) 870-1200. We are divorce attorneys in Waldorf, Maryland.

What is the Legal Standard for Modifying a Maryland Divorce Court Order?

In general, a Maryland divorce court can modify a prior order if the person making the request can demonstrate a “material change in circumstances.” This often means showing a material change in financial circumstances. This same standard applies when asking to change child support payment obligations. If you can show this, then a Maryland divorce court might modify your child support payment obligations. Note that a Maryland divorce court CAN consider the fact that your ex-spouse agrees to modify your child support payments. But, the court has no obligation to honor that agreement or even consider it. Child support payments are for the children and are premised on the legal obligation of parents to support their children. Further, under Maryland’s divorce laws, total child support is set by the statutory guidelines and, generally speaking, parents cannot agree between themselves to pay less child support than the guidelines require.

What is a “Material” Change in Circumstances?

Generally, a change in financial circumstances is “material” if it is substantial, seriously impacts a parent’s ability to pay child support, and/or raises questions of hardship and fairness. As an example, a material change may involve a parent who has lost his or her job and cannot obtain new employment. The ability of the parent to pay child support is impacted. As another example, a material change might exist for one parent — who earns $50,000 a year — if the other parent has a new job making an extra $200,000 per year. Fairness is implicated by the large change in relative incomes. There are many other examples of what might be deemed a material change in circumstances by a Maryland divorce court. This is why it is important to consult with experienced Maryland divorce attorneys to help evaluate the facts and present the best argument for (or against) a material change.

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.