Maryland Child Support

In Maryland, it is the joint responsibility of both parents to support their children, regardless of the residential schedule. The residential schedule plays a vital role in determining the amount of child support, along with the income of the parents. The parent with lesser residential time usually has a higher obligation to provide child support. If residential time is divided equally, both parents are expected to support the child proportionately to their incomes.

A widespread belief among parents is that they can mutually agree to not pay child support. However, the court is obligated to prioritize the child's best interests in all decisions, including child support. This means that even if parents agree to not provide child support, the court will typically disregard such agreements. The court may not order child support in rare situations, for example, where the child spends an equal amount of time with both parents, and both parents earn similar income. However, even in such cases, the court generally requires the parent with a higher income to provide support to the other parent.

Calculating Child Support

The court typically determines a monthly child support amount that aligns with the statutory guidelines outlined in the Maryland State Statute. Child support in Maryland is calculated according to both parents' gross monthly income and the amount of residential time spent with each parent. If a parent is unemployed but capable of work, the court will still order child support based on the state minimum wage. Health insurance costs are also factored into the child support calculation.

The court must deem the ordered child support amount as serving the child's best interests. If the child support amount deviates from the Maryland State Child Support Guidelines, the court must give specific reasons for not ordering the standard guideline amount and why the different amount is in the child's best interest. If parents agree on a child support amount lower than the statutory guideline amount, the court is likely to reject this agreement unless compelling reasons justify the lower amount.

Income Withholding

Most Maryland courts require that an Income Withholding Order be signed by the judge in cases where child support is ordered. This order mandates the employer of the parent obligated to pay support to deduct the child support from the employee's paycheck and forward it to the state for disbursement.

All child support payments are generally processed through the "Maryland State Disbursement Unit", meaning parents typically do not pay child support directly to the other parent.

Failure to Pay Child Support

Maryland courts take a severe stance against parents who neglect their duty to pay court-ordered child support. If a parent fails to pay child support, they may be held in contempt of court, risk having their driver’s license suspended, their IRS refunds seized, and potentially face imprisonment.