Child Support Maryland

Child support in Maryland: by law parents are required to support a minor child through the age of 18, or until age 19, if the child is enrolled in secondary school. The obligation to support a minor child who is still attending secondary school until the age of 19 is a change from the prior law. You may find this change in Maryland annotated code article 1 section 24 Rules of Interpretation which creates an exception for child support and further family law article 5–203 says that parents are jointly and severally liable for child support, care, nurture, welfare and education. If you have the need to file a petition with the court to establish child-support in Maryland you are eligible to file the complaint in the county where the noncustodial spouse lives or works or where the child lives. It's important to remember when you file your complaint to establish child support you also have to file your financial statement see Maryland rule 9–202. If you have questions regarding child-support in Maryland or any other matter involving divorce in Maryland please feel free to give me a call. I will answer your questions for you right over the phone at no cost to you 1-888-760-7339.

Divorce in Maryland Modification of Agreements

The court in a divorce in Maryland may modify any provision of the deed, agreement, or settlement with respect to the care, custody, education, or support of any minor child of the spouses, the modification would be in the best interest of the child. This language is found in Maryland family law article 8–103 that modification of the, agreement, or settlement. It is important to recognize that the court has the authority to change your agreement relative to custody visitation and child support. Too often I've seen parties except last or waive rights they could otherwise assert in exchange for consideration on visitation schedules. Only to find subsequently the other party has requested that the court modify the visitation schedule. When this happens you could very well find yourself having waived a property interest in exchange for a visitation schedule which is subsequently changed. This situation can be controlled in a separation agreement however it is an issue you must be aware of. If you have questions regarding divorce in Maryland were a separation agreement in Maryland please feel free to give me a call. I will answer your questions over the phone at no cost to you. 1-888-760-7339

Child Support MD

Child-support in Maryland can be established by an initial pleading seeking child support from the other biological parent. Already existing child-support orders can be modified if there has been a material change of circumstances which would warrant a modification of the child support. In either of those cases the child support is retroactive back only to the date of filing. Additionally, I have represented clients who received child-support arrears back to the date of last payment when the payor parent failed to file a motion for modification when circumstances changed. That is an uncommon result which I would not expect to realize for my client had the payor spouse become disabled or unemployed through no fault of their own. If you have questions about child support in Maryland or any other issue involving divorce in Maryland please feel free to call my office we will discuss your case over the phone at no cost to you. 1-888-760-7339

Child-support in Maryland

Voluntary impoverishment can be found in family law article 12 – 201 where it states if a parent is voluntarily impoverished child support may be calculated based upon the termination of potential income. However a determination of potential income may not be made for a parent who is unable to work because of a physical or mental disability or is caring for a child under the age of two from the parents are jointly and severally responsible. Voluntary impoverishment is generally found in a circumstance where a person has taken a reduction in salary to avoid his or her support obligations. As such it can be found in circumstances where an individual is working at less income than they have the ability to earn and it is done for the purpose of avoiding a child support obligation. It is rare that a parent would go to such extremes to avoid paying child support however I have seen those circumstances occur. Mainly I see those occasions arise where the paying spouse changes jobs frequently to avoid wage withholding liens. If you have questions on child support or any other matter involving child-support in Maryland please feel free to call me at 1-888-760-7339 I will answer your questions over the phone at no cost to you.

Child Support in a Divorce in Maryland

School and transportation expense may be divided between the parents in proportion to their adjuste actual income. Family law article section 12–204 includes any expense for attending a special or private elementary or secondary school to meet the particular educational needs of the child or any expense for transportation of the child between the homes of the parent. "Particular educational needs" was defined in Witt v Ristaino 701 A2d 1227. The court held that the trial judge should consider a nonexhaustive list of factors when determining whether a child has a particular educational need. This would include the number of years the child has been in attendanc at the particular school. The child' performance while in the school, family history, parents choice, any particular factor that may impact upon the child's best interest and the parties ability to afford the private school education. If you have questions regarding divorce in Maryland please feel free to give me a cal I will answer your questions over the phone at no cost to you 1-888-760-7339.

Divorce in Maryland children as witnesses

In a divorce in Maryland a judge is not required to interview a child in a custody case. If the court decides to interview a child it may be done without the presence of the parties and without the presence of counsel, even over the objections of either of the parties. The interview however must be reported by the court reporter unless the parties waive the recording requirement. Immediately following the interview the contents must be made known to counsel and the parties. Counsel for either party or even a best interest attorney is typically given the opportunity to suggest questions for the court to ask of the child the questions are typically submitted in writing. If you have questions regarding divorce in Maryland and or child custody in Maryland please feel free to give me a call. I will answer your questions for you right over the telephone at no cost to you. 1-888-760-7339

Domestic Violence in Maryland

The Maryland Domestic Violence Statute 4-501. Definitions "Abuse" means any of the following acts:

(i) an act that causes serious bodily harm;

(ii) an act that places a person eligible for relief in fear of imminent serious bodily harm;

(iii) assault in any degree;

(iv) rape or sexual offense under §§ 3-303 through 3-308 of the Criminal Law Article or attempted rape or sexual offense in any degree;

(v) false imprisonment; or

(vi) stalking under § 3-802 of the Criminal Law Article.

(2) If the person for whom relief is sought is a child, "abuse" may also include abuse of a child, as defined in Title 5, Subtitle 7 of this article. Nothing in this subtitle shall be construed to prohibit reasonable punishment, including reasonable corporal punishment, in light of the age and condition of the child, from being performed by a parent or stepparent of the child.

(3) If the person for whom relief is sought is a vulnerable adult, "abuse" may also include abuse of a vulnerable adult, as defined in Title 14, Subtitle 1 of this article.

Child care provider (c) "Child care provider" means a person that provides supervision and care for a minor child.

Cohabitant (d) "Cohabitant" means a person who has had a sexual relationship with the respondent and resided with the respondent in the home for a period of at least 90 days within 1 year before the filing of the petition.

Emergency family maintenance (g) "Emergency family maintenance" means a monetary award given to or for a person eligible for relief to whom the respondent has a duty of support under this article based on:

(1) the financial needs of the person eligible for relief; and

(2) the resources available to the person eligible for relief and the respondent.

Final protective order (h) "Final protective order" means a protective order issued under § 4-506 of this subtitle.


Home (i) "Home" means the property in this State that:

(1) is the principal residence of a person eligible for relief; and

(2) is owned, rented, or leased by the person eligible for relief or respondent or, in a petition alleging child abuse or abuse of a vulnerable adult, an adult living in the home at the time of a proceeding under this subtitle.

Interim protective order (j) "Interim protective order" means an order that a Commissioner issues under this subtitle pending a hearing by a judge on a petition.

Local department (k) "Local department" means the local department that has jurisdiction in the county:

(1) where the home is located; or

(2) if different, where the abuse is alleged to have taken place.

Person eligible for relief (l) "Person eligible for relief" includes:

(1) the current or former spouse of the respondent;

(2) a cohabitant of the respondent;

(3) a person related to the respondent by blood, marriage, or adoption;

(4) a parent, stepparent, child, or stepchild of the respondent or the person eligible for relief who resides or resided with the respondent or person eligible for relief for at least 90 days within 1 year before the filing of the petition;

(5) a vulnerable adult; or

(6) an individual who has a child in common with the respondent.

Petitioner (m)(1) "Petitioner" means an individual who files a petition.

(2) "Petitioner" includes: (i) a person eligible for relief; or (ii) the following persons who may seek relief from abuse on behalf of a minor or vulnerable adult:

1. the State's Attorney for the county where the child or vulnerable adult lives, or, if different, where the abuse is alleged to have taken place;

2. the department of social services that has jurisdiction in the county where the child or vulnerable adult lives, or, if different, where the abuse is alleged to have taken place;

3. a person related to the child or vulnerable adult by blood, marriage, or adoption; or

4. an adult who resides in the home.

Residence (n) "Residence" includes the yard, grounds, outbuildings, and common areas surrounding the residence.

Respondent (o) "Respondent" means the person alleged in the petition to have committed the abuse.

Temporary protective order (p) "Temporary protective order" means a protective order issued under §4-505 of this subtitle.

Victim (q) "Victim" includes a person eligible for relief.

Vulnerable adult (r) "Vulnerable adult" has the meaning provided in § 14-101(q) of this article.

Please feel free to call me if you have any questions about domestoic voilenc ein Maryland I am happy to answer your questions over the phone and will do so at no cost to you 1-888-760-7339

Settlement Agreement in Divorce in Maryland

Many times the preferred way to resolve your divorce case is by agreement. Sometimes that is possible and sometimes it is not possible. However be cautious when entering into a separation agreement. Always have an attorney review the agreement prior to signing anything. I have repeatedly seen situations where parties unrepresented by attorneys enter into agreements which prove harmful in the long run. Many examples can be found. A situation for everyone to watch out occurs when parties naïvely waive interest in assets of definable value. This happens when one accepts benefits as child-support payments not otherwise due or subject to modification in exchange for a waiver of an interest in a tangible property interest. Incredibly I have seen that situation several times. If you have questions regarding a separation agreement relative to your divorce in Maryland please feel free to give me a call. I will answer your questions over the phone at no cost to you. 1-888-760-7339.

Child Support in Maryland

Child-support in Maryland utilizes a mathematical formula for calculating the noncustodial parents obligation to support the children. Income from both parties is calculated and adjusted for health insurance premiums incurred to benefit the children, daycare cost related to work, and in certain circumstances private school education are added to the child-support guidelines and the child-support obligation calculated. One other added factor to consider is the number of overnights when the children are with the otherwise noncustodial parent. Once the threshold of 128 overnights is realized the same factors as set forth above are plugged into the mathematical formula however the mathematical formula for determining child support in Maryland is itself changed. Often times having very dramatic impact on lowering the noncustodial parents child-support obligation. One other element to take into consideration are travel cost incurred to facilitate the visitation. Often times the court will entertain arguments that the child support amount should not be paid in full and a deviation should be allowed when the noncustodial parent lives so far away from the children that they incurs a cost that they cannot afford, along with child-support payments, to see the children. If you have questions on child-support in Maryland please feel free to call me I will discuss your case over the phone at no cost to you. 1-888-760-7339.

How to Divorce in Maryland

Before you are eligible to file a complaint for absolute divorce in Maryland it is first necessary to establish the grounds for divorce. Once you have established that you are eligible to file the complaint for absolute divorce in Maryland you would file the complaint, information sheet and potentially a financial statement in the Circuit Court where either you reside or in the Circuit Court of the county where your spouse resides. The court will issue a summons for service on the spouse along with the information sheet, complaint and financial statement, if necessary. Upon service of the summons to your spouse they are then required to file an answer. If no answer is filed you would move forward to a default judgment. If an answer is filed the court will schedule a conference for all the parties to attend where appropriate court assets can be applied to the issues of the divorce case in an attempt to resolve the issues without litigation. If those measures are unsuccessful the case will proceed to a settlement conference. If the case cannot be resolved at the settlement conference a hearing date is scheduled for the parties to appear in court and present their evidence. There are a number of detours any given case can take depending upon the facts of those individual cases. If you have questions about your divorce in Maryland please feel free to call me. I am happy to answer your questions over the phone and will do so at no cost to you 1-888-760-7339