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Introduction: Child Support is Determined by Fixed Guidelines
In the context of family law generally, the calculation of child support is unique because this calculation is made using formulas which are the same for all child support payors. In other words, unlike things such as alimony, which may be determined in a more “subjective” manner, child support is determined according to more or less fixed standards. Currently, the State of Maryland, as well as Washington, D.C., uses the “income shares model” to calculate child support amounts.
In this post, we will go over the guidelines for calculation, and then discuss several key points which are useful for shedding light on how support obligations may be handled after a calculation in a given situation has been made.
The Essential Information Used to Make Child Support Calculations
As mentioned, both Maryland and D.C. utilize the so-called “income shares model,” which means that the court calculates child support amounts based on the combined incomes of both parents. In any child support context, the payor is always the noncustodial parent (or, the parent who has the child less than 50% of the time).
The income shares model takes the incomes of both the custodial parent, the noncustodial parent, the number of children shared by the parents, and then produces a support obligation according to specific guidelines. The factors which are used to calculate the exact amount can be listed as follows: the healthcare costs of the children, child support for minor children not shared in common, alimony being paid to a previous spouse, as well as work related childcare expenses (i.e. daycare, etc.); in addition, these jurisdictions also have specific rules for the initial calculation of parental income, and then specific rules for the calculation of “adjusted income” for each parent.
Courts May Deviate from the Established Guidelines – in Rare Cases
Even though courts in Maryland and D.C. use this common formula to determine child support amounts, this doesn’t make courts lack the ability to deviate from this formula. In very rare cases, courts may decide to deviate from the guidelines and develop an independent child support amount in a given situation. The probability of this occurring in a given case is nearly impossible to predict, in part because these determinations are so context dependent. Basically, for a parent to successfully petition for a lower amount, the court needs to see clear evidence that such a lowered amount would be fair or just.
Also, if the parents’ combined monthly income exceeds $30,000, the court has the ability to avoid the guidelines altogether and develop a support amount which best meets the needs of the children.
Payors May Petition the Court for Child Support Modification
Not only do courts in Maryland and D.C. have the ability to deviate from the formal calculation guidelines, they also have the ability to modify child support amounts after they have been developed. The court will only permit modification under certain circumstances, however; basically, payors need to demonstrate that they have suffered a substantial change in their material conditions. If a substantial change can be shown, the court may modify the amount. In this context,
Readers need to be aware that this is just a solid introduction to child support guidelines in Maryland and D.C. There are other significant concepts to know, such as imputed income and voluntary impoverishment, among others, and these other concepts are necessary to fully grasp how this whole process works.
Contact the Murphy Law Firm for Additional Information
If readers want to know more about child support calculations in Maryland or Washington, D.C., child support modification, child custody issues, resolving custody disputes, or any other pertinent family law matter, contact the Murphy Law Firm today by calling 240-219-1187.
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