Material Change of Financial Circumstances Child Support Maryland Divorce

Once the court has entered an order for child support that order is subject to future modification. Pursuant to Maryland Family Law Article section 12-104 the court may modify a child support award subsequent to the filing of a motion for modification and upon a showing of a "material" change of circumstances. However the court may not retroactively modify a child support award prior to the date of the filing of the motion for modification. This is a very important point not to miss. As soon as you have a material change in circumstances you must file your motion for modification. The change in circumstances may include things such as the child reaching age of majority, a change of the physical custody, a change of the visitation schedule to exceed 128 overnights per year or may include a change in the income of the parties. For example, if you lose your job file your motion for modification. In the case of Kierein 115 Md App 448 (1997) the court determined that the child support order can only be modify it if there has been a material change in circumstances, needs, and financial conditions of the parties from the period of time immediately preceding when the court last had an opportunity to consider the issue. What qualifies as a material change depends on the facts of each case. In these situations I suggest that my clients, through counsel, for a correspondence to the other party enclosing their income information with proof of income and asked the other side to do the same. The adjustment to the child support order can be done by consent between the parties provided of course the modification still complies with Maryland Child support guidelines. If you are not sure you are entitled to a modification that please feel free to call my office. 1-888-760-7339