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Most laypeople assume that the parent who has the children the majority of the time will invariably be the person who receives child support. In legal terminology, the parent who has primary physical custody is the one who will always receive child support, in the minds of most laypeople. While this may be correct in most instances, it is not always the case under current Maryland law. Maryland law provides that, in certain situations, a noncustodial parent may be the recipient of child support.
Under what sort of circumstances might a noncustodial parent be the one to receive child support from the custodial parent? The case of Namasaka v. Bett (2018) gives us one example of circumstances which led to that determination. Let’s look at the details of that case a bit more carefully.
Factual Outline of Namasaka v. Bett (2018)
At the time of the divorce in this case, the mother made approximately $108,000 as a physician, and the father made roughly $130,000. Under the terms of the custody agreement, the father ended up having the child 35% of the time, while the mother had the child the other 65%. The income gap between the parents, as well as the mother’s status as the primary custodial parent, dictated that the father beheld to pay regular child support. The father made his monthly payments in a timely fashion, but eventually he went to court to modify the terms of the existing order. The impetus underlying his modification request was a drastic reduction in his annual income. The father provided evidence – in the form of bank records and tax returns – that his annual income had been reduced to nearly $31,000.
Given this massive drop in yearly income – nearly $100,000 – the father contended that this constituted a “material change in circumstances” warranting a modification of the existing order. The trial court concurred with the father. Ultimately, the court determined that, because the mother’s income had remained stable, the mother should begin making payments to the father. This was true despite the fact that the mother stilled retained her status as the custodial parent.
Ruling & Discussion
The court recalculated the child support payments based on the father’s new income figures and the mother’s figures. The court determined that the father’s true annual income was $32,500. Given how lopsided these figures were, the court assigned a child support payment of $368 per month. The mother argued that the father needed to provide more evidence to substantiate his alleged new annual income; specifically, she contended that receipts for income and expenses were necessary to effect his desired modification. The court rejected this argument, however, and held that the evidence provided by the father was sufficient.
In some ways, the outcome in this case is likely to be counterintuitive to our readers. We naturally think of child support as something which is always received by the custodial parent, but this case shows that the custodial parent may be the payor. If the custodial parent out earns the noncustodial parent by a large enough margin, then the noncustodial parent may end up being the payee, or recipient, of child support.
Contact the Murphy Law Firm for More Information
If you want more information about child support in Maryland, including child support calculation, support determination, or another related matter, connect with one of the family law attorneys at the Murphy Law Firm today by calling 240-219-5243.
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