Offering You The Family Law Help You Deserve

An Experienced Rockville Child Support Attorney

Securing fair and accurate financial support is a critical component of any legal proceeding involving a separation or divorce that includes a child. I am family law attorney, Greg Abney. From offices in Rockville, I founded Abney at Law, P.C., in Rockville to help families in communities throughout Montgomery County and elsewhere in south-central Maryland with their legal challenges.

Calculating Child Support In Maryland

Under Maryland law, minimum monthly child support payments are based on a calculation that takes into account the parents’ income, amount of scheduled parenting time and other child support obligations that may be part of the noncustodial parent’s expenses. Issues regarding child support can arise in a lot of family law scenarios, including:

Of course, parents may decide to increase child support in a voluntary arrangement to meet special education, health care or extracurricular activity expenses.

Answering Your Frequently Asked Questions About Child Support

I know that if child support is an issue in your case, you probably have a lot of questions. In my years of private practice as a family lawyer and divorce attorney, I have compiled answers to some of the questions I am most commonly asked. If you have questions about your specific situation, I am available for one-on-one initial consultations.

My ex got remarried. Does my child support change because my ex has more money from the new spouse?

In Maryland, your ex-spouse’s remarriage doesn’t automatically change your child support obligations. The new spouse’s income isn’t directly factored into child support calculations. However, if your ex’s financial situation improves significantly due to the new marriage, it might indirectly affect child support.

For example, if your ex now has reduced living expenses because of shared housing costs, this could potentially impact the overall financial picture. It’s important to note that child support is primarily based on the income of the biological parents and the needs of the child. If you believe there’s been a substantial change in circumstances that warrants a modification of child support, I can help you petition the court for a review. Remember, the court’s primary concern is always the best interest of the child.

How can I modify my child support payments in Maryland?

To modify child support payments in Maryland, you need to show a significant change in circumstances since the last order was issued. This could include job loss, a substantial increase or decrease in income, changes in the child’s needs, or shifts in custody arrangements.

If you believe that there has been a significant change in circumstances, you should:

  • Gather evidence of the changed circumstances.
  • File a motion to modify child support with the court that issued the original order.
  • Attend a hearing where you’ll present your case to a judge.

I can guide you through this process, helping you prepare the necessary documentation and representing you in court. It’s crucial to act promptly if your situation changes, as modifications typically aren’t retroactive. The court will review the current circumstances of both parents and the child’s needs to determine if a modification is warranted. Remember, child support is meant to ensure the child’s well-being, so the court will always prioritize the child’s best interests in any decision.

What is considered income in Maryland when determining child support?

In Maryland, the court considers a wide range of income sources when calculating child support. This includes:

  • Wages and salaries from regular employment, including overtime pay and bonuses
  • Commissions and tips
  • Earnings from self-employment
  • Pension and retirement benefits, including interest and dividend income
  • Rental income
  • Social Security benefits and disability payments
  • Unemployment compensation or workers’ compensation benefits

It is important to note that income doesn’t include assets like your home, car or savings accounts. The court focuses on your regular, ongoing income sources. Sometimes, the court might also consider potential income if there is a suspicion that a parent is voluntarily unemployed or underemployed. I can help you understand how your specific income sources might be viewed in a child support calculation and ensure that all relevant information is properly presented to the court.

Does my parenting time have an effect on how much child support I have to pay?

Yes, your parenting time can influence your child support payments in Maryland. The state uses an “income shares” model for calculating child support, which takes into account the amount of time each parent spends with the child.

For example, if you have your child for less than 92 overnights per year (about 35% of the time), the court uses the basic child support guidelines. However, if you have 92 or more overnights annually, the court applies a different calculation that factors in your increased parenting time.

More parenting time often results in lower child support payments because you’re directly covering more of the child’s expenses during your time together. But remember, this isn’t a one-to-one reduction. The goal is to ensure the child’s needs are met across both households.

It is crucial to accurately document your parenting time. If your current child support order doesn’t reflect your actual parenting schedule, we might need to seek a modification. I can help you understand how your specific parenting arrangement might affect your child support obligations and guide you through any necessary legal processes.

Consult A Montgomery County Child Support Attorney

If you have questions about your specific situation, call me at 301-850-4972 or send me a message to arrange a consultation in my office.

My firm is located near the Rockville metro station, just steps from the Circuit Courthouse. My office hours for consultations are 8 a.m. to 5 p.m. weekdays.

I do everything I can to keep my office overhead low, so I can pass lower attorneys’ fees on to my clients. I accept Visa, Mastercard and American Express for your convenience.