Child Support

Frequently Asked Questions About Child Support in Maryland

What counts as income in computing child support?

It includes, but is not limited to: salaries, wages, commissions, bonuses, dividend income, interest income, trust income, annuity income, Social Security benefits, Workers’ Compensation benefits, unemployment insurance benefits, disability insurance benefits, and alimony or maintenance received.

Based on the circumstances of the case, the Court may consider the following items as “actual income:” severance pay, capital gains, gifts and prizes. Expense reimbursements or in-kind payments, self-employment income, overtime, and other income sources may also apply.

What about company-paid care, business expense accounts, and other business expenses?

Expense reimbursements or in-kind payments received by a parent during employment, self-employment, or business operation to the extent the reimbursements or payments reduce the parent’s personal living expenses are included as “actual income.”

How is income from self-employment or a small business figured?

For income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or “closely held corporation,” “actual income” means gross receipts minus ordinary and necessary expenses required to produce income.

How do Maryland courts determine child care expenses?

Based, where possible, on actual family experience. If there is no family experience with childcare expenses, or if the Court finds that the actual family experience is not in the child’s best interest, then childcare expenses are set at the lesser of what it would cost to provide quality care from a licensed source, or the actual cost of care chosen by the custodial parent.

Does the amount of time a child spends with each parent affect child support?

Yes. If a child spends more than 92 overnights per year with each parent, the Court uses special guidelines to compute child support.

Can a parent avoid paying child support by taking a lower paying job or choosing an alternative lifestyle?

The Court can impute income to a parent attempting to evade financial responsibility for their children by “working under the table,” cutting back shifts, adopting a frugal lifestyle, or refusing employment. Such parents will face accountability because Maryland courts have discretion allowing them to assign appropriate child support based on potential earnings.

Is child support affected by whether the child is born in or out of wedlock?

A child born out of wedlock is entitled to the same level of support as would be afforded to a child who is the offspring of a marriage.

What is a Self-support Reserve (SSR)?

Maryland law entitles parents to keep an income reserve of at least $1,145 after paying their child support. This newly established SSR is a substantial increase from the previous guidance amount of $867 and provides parents with some financial security while still supporting their children financially. The Court also has discretion when determining SSRs if it means more can stay in a parent’s pocket for essential needs.

Can a judge decline to order child support?

The new law grants the Court extraordinary powers to refuse a child support order in rare cases. The Court can exercise this discretion when the parent meets specific conditions, such as if the non-custodial parent is unemployed and incarcerated, suffering from a disability, or in need of rehabilitation due to hospitalization or criminal confinement.