If you are seeking a divorce in Waldorf, Maryland, call us here at the Law Office of Robert Castro at (301)870-1200. We are top-tier family law and divorce attorneys for cities and counties in Southern Maryland. Call us particularly if there are minor children involved. We are experts with respect to Maryland divorce child custody issues.

For example, parents are often surprised to learn that a higher income parent might still be required to pay child support even if the Maryland divorce court orders shared or joint custody of the children. This is surprising because the higher income parent rightly says: “I am supporting my children when they are staying with me.” However, Maryland divorce law has different rules for awarding custody and for ordering child support. The first is based on the legal standard of the “best interests of the children” while child support is based on the annual earnings of the respective parents.

Maryland divorce law imposes “Guidelines” for the Maryland divorce courts to use for determining child support. The Guidelines are based on the combined annual incomes of the parents and how many children are being supported. See Md. Fam. Law Code, §12-204. The Guidelines establish the TOTAL amount of basic child support which is then divided between the parents based on their percentage of their COMBINED annual income. Thus, if one parent earns 75% of the combined annual parental income, then, generally speaking, that parent will be responsible for 75% of the total child support that should be provided according to the Guidelines.

Having determined the amount of child support, Maryland divorce courts then determine which parent pays child support to the other parent. This is where custody comes into play. Generally, if sole custody is awarded to one parent, the custodial parent is entitled to receive the child support payments. This is true even if the custodial parent is the higher income parent. The lower-earning, non-custodial parent must still make child support payments.

But, what if custody is shared 50/50? What if the parents have agreed — and the Maryland divorce court has ordered — that the children will have equal days and overnight stays with each parent?

In theory, this 50/50 joint custody should result in no award of child support since the basic child support is being provided via housing, food, etc. But, in practice, that is not generally how it works. Maryland divorce courts MIGHT order no child support if the income of each parent and the living conditions are about equal. But, that is not generally the case. Where there is a significant difference in income and living conditions, most often, the Maryland divorce court will order the higher income parent to make child support payments. In practice, the amount ordered might be less than otherwise ordered since the Charles County Maryland divorce court can take into account the support that is provided via the 50/50 custody split. As can be seen, in the end, the matter is legally and factually complicated and the Maryland divorce court will have the ultimate discretion to make the decision.

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.