The answer is “no.” At a minimum, you cannot stop making your court-ordered child support payments. A Maryland divorce court Order has the force of law, and an Order must be obeyed until the Order is modified. In Maryland, a spouse can request that the court modify its Order if the person has a good reason to believe that the Order should be changed. Asking for a change in a Maryland divorce court Order is common. The process involves filing a written request with the Maryland divorce court that handled the divorce proceedings in the first place. If you want to modify your divorce decree Order, you will need legal advice and counsel to ensure the request is proper, prepared correctly, and filed with the right procedure. Call us here at the Law Office of Robert Castro at (301) 870-1200 for a consultation. We are seasoned and skilled divorce attorneys in Waldorf, Maryland.

As noted, there must be a “good reason” for asking the court to modify its Order. Legally, in Maryland, the standard for granting a modification request is a “material change in circumstances.” That is, to obtain a modification of a Maryland divorce court’s Order, you must convince the divorce court that there has been a material change in circumstances that justifies a modification of the Order.

With respect to SOME divorce issues, the remarriage of one spouse MIGHT qualify as a material change in circumstances. Alimony is a good example. However, that is not true with respect to child support obligations. This is why, generally speaking, you will not be able to lower your child support payments because your ex-spouse has remarried. Let’s examine the reasons.

Child support obligations in Maryland divorces are based on the statutory guidelines and the income of the parents. The statutory guidelines provide a total baseline dollar amount that parents should be providing for their children. That total baseline is then divided between the parents based on their joint income and each parent’s percentage of that total income.

Taking that as background, what happens when one parent/spouse remarries? In effect, nothing has changed for purposes of Maryland child support. Both parents remain obligated to support their child/children. Maryland law does NOT shift one parent’s responsibility to a new spouse of the other parent. The original parents are always obligated to provide support and nurture for their child/children.

Further, the total baseline dollar amount from the Maryland child support guidelines does not change if a parent remarries. Remarriage has no impact.

Further, legally, nothing has changed with respect to the parents’ combined income. Even though the new spouse may have a high income, the new spouse’s income is NOT used in calculating child support obligations. This is why it may be impossible to reduce your child support payment obligations even if your ex-spouse remarries and the new spouse has significant income.

It should be noted that child support obligations exist beyond a monthly check. Occasionally, a remarriage CAN justify a change in those requirements. Most often, this involves payment for health insurance if the new spouse has significantly better and less expensive health coverage benefits. The parents will still be required to pay for it, but the cost can be reduced. However, as a reminder, the court’s Order must be modified first.

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.