When a Maryland judge signed the final order in a divorce proceeding, many issues are resolved: division of assets, child support, child custody, and alimony. Many Marylanders, however, do not realize that this order is not carved in stone. It can be modified for many reasons that are spelled out in Maryland’s laws.
An order can be modified if either party to the divorce brings a motion before the court requesting a specific modification. The basic rule for modifying an order for child support is that the moving party must demonstrate the occurrence of a “substantial change” in the circumstances of either party that justifies the requested modification.
Examples of substantial change in circumstances
Here are examples of substantial changes in circumstance which may justify the modification of an order for child support:
- One parent loses his or her job.
- One parent gets a new job with increased wages.
- One spouse gets an additional job.
- One spouse’s income increases or decreases.
- The child’s financial needs have changed.
- One parent has been incarcerated.
- One parent has become disabled.
- One parent has been deployed for military duty.
The important thing to keep in mind is that an order for the modification of child support can be justified by a change in either parent’s financial situation. For example, if the party paying the child support finds a better job with higher compensation, that party may be ordered to pay additional child support.
Other evidence to support a modification of child support
A court considering a motion to modify and order for child support will want evidence of current income and expenses, any retirement income, child or day care expenses, health insurance premiums, disability status, and existing child custody agreements, visitation arrangements, and parenting time.