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Introduction: Both Parents Financially Responsible in Maryland
In the State of Maryland, like in other jurisdictions, both parents have a financial responsibility to children. However, in instances in which one parent receives primary physical custody – and this occurs in the majority of cases – the other parent (or “noncustodial parent”) is required to provide regular financial assistance to the custodial parent. These regular financial payments are referred to as “child support.”
Child support is unlike other aspects of a divorce in certain ways. For example, other aspects of a divorce can typically be negotiated privately between the parties. This is the case even for things which the court will otherwise handle when the parties choose to not negotiate privately, such as property division. If parties cannot privately agree about property division, then the court will step in and distribute marital assets in accordance with its preestablished principles. Child support, on the other hand, doesn’t work this way, because parties cannot simply choose to avoid paying child support, or pay a lesser amount than what the state demands without the court making a finding that it is in the best interest of the child to do so.
Modification Requires a “Material Change” in Circumstances
Child support is determined by preexisting formulas. Basically, a noncustodial parent will pay an amount which is fixed by his or her income, the income of the custodial parent, and the number of children involved. In this way, child support is consistent for all parents, or at least consistent in terms of how amounts are calculated.
Naturally, because circumstances in life always change over time, parents seek to alter their child support burden at various points. The law in Maryland allows parents to change their child support obligation, but only according to certain rules. For one thing, parents who seek modification must file a formal motion with the court; parents cannot privately create changes bound by oral agreement. Once the motion is filed, the court will need to see evidence of a material change in circumstances. Typically, such a material change will be brought about by a substantial life event, such as a job loss, physical accident leading to medical expenses, reduction in work hours, or another similar event. If the court finds that the event does constitute a material change justifying an alteration, then the child support amount may be formally reduced.
Importantly, there is no “bright line” rule to determine whether a given change constitutes a material change which justifies an alteration. Everything is determined on a case by case basis, although generally a reduction of 25% is usually held to be sufficient to justify an alteration. However, this might not always be the case, and so those applying for modification need to be aware of this fact.
Voluntary Impoverishment / Imputed Income
Another important concept to bear in mind is the notion of “voluntary impoverishment.” As strange as it may seem, people are known to voluntarily reduce or limit their income when divorce occurs, usually in an attempt to financially harm the other spouse. But, when it comes to child support, a person cannot simply “choose” to be impoverished, as the court will literally impute income to parents in certain circumstances. If a court finds that a given parent is earning well below his or her earning capability, without any solid reason for doing so, the court may impute income that parent, which means that he or she will be saddled with a child support burden corresponding to that higher imputed income. The court may perform this type of analysis when someone petitions for modification, as the court may question whether the material change was brought about by natural conditions.
Contact the Murphy Law Firm for More Information
Readers who want to learn more about modifying child support orders in Maryland, basic child support calculation guidelines, alimony or spousal maintenance issues, or any other family law related topic, contact one of the family law attorneys at the Murphy Law Firm today by calling 240-219-5243.
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