In brief, yes. However, ending child support payments will not automatically mean that a Maryland divorce court will increase alimony payments. If you have questions about Maryland divorce and alimony, call us here at the Law Office of Robert Castro at (301) 870-1200. We are seasoned and skilled divorce attorneys in Waldorf, Maryland. More details about the modification of alimony awards is provided below.

Here in Waldorf, Maryland, the original alimony obligations are determined when the Maryland divorce court enters the original divorce decree dissolving the marriage. At some later point, if the alimony-receiving spouse wants more alimony, that spouse must file a request with the Maryland divorce court asking for an increase. To be given an increase, the spouse must show that there has been a “material change” in the circumstances related to the finances of the now-divorced spouses. A substantial decrease in income is an example of a “material change,” and in some cases, the cessation of child support can be a “material change.” This was stated in the recent case of Milligan v. Milligan (MD Appellate Court 2023).

However, there is another relevant rule which is that, if the Maryland divorce court has already considered an issue when the original divorce decree was made, then that issue cannot be used as the basis for changing the alimony award. This additional rule was used in Milligan v. Milligan (MD Appellate Court 2023). In that case, the Appellate Court held that no change in the alimony award was warranted when child support ended because, when entering the original award for alimony, the divorce court had already noted that child support would end soon. In that case, the child in question was almost at the age of emancipation when the divorce decree was entered. Indeed, the child support obligations were expected to last only five months. As such, it was clear that, when making its original alimony award of $4,000 a month, the divorce court had already considered that child support obligations would soon end. As such, the end of child support obligations was deemed not to be a “material change” that would allow an increase in alimony.

This is similar to the rule that there is NO “material change” in circumstances if the spouses were aware, in advance, of a particular change that might occur. Thus, in Thomas v. Thomas (MD Appellate Court 2019), the court held that no change in the alimony award was justified because one spouse received a large bonus. In that case, the wife — receiving alimony — knew that the husband was eligible for a year-end bonus and that he had received such bonuses in the past. But, the wife failed to present the issue of bonuses to the divorce court. As such, it was deemed correct to deny her request for an increase in alimony because the possibility of a bonus was known to her, and she failed to raise the issue before the alimony was awarded.

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.